The Head of National Police in North Portugal has told a Joint Oireachtas Committee on drug decriminalisation that the country has seen a resurgence of drug use in public spaces.
The Joint Committee on Drugs Use was established to consider the recommendations in the report of the Citizens’ Assembly on Drugs Use, which has called for decriminalisation of drugs for personal use in Ireland.
Mr. Antonio Manuel Leitao Da Silva, Head of the Porto Municipal Police and formerly Superintendent, Public Security Police and Commander of Porto Police, was giving evidence before the Committee at Leinster House. He was among a number of international experts to share his opinion during the meeting on Thursday.
“There has been a spike in the use of drugs right now in Portugal,” Mr Da Silva said. However, he insisted that despite challenges, overall, the liberal policy had been a success.
He told TD and Senators of the experience of his country’s “progressive” law which saw the decriminalisation all drugs for personal use in 2001.
Portuguese drug policy has become somewhat of a political flashpoint, with the country most frequently cited as a positive example by advocates of decriminalisation.
Mr. Antonio Manuel Leitao Da Silva, a proponent of the law, said that the approach has helped to treat addiction as a public health issue rather than a criminal one, significantly lowering the number of drug-related convictions.
“One of the problems that we have right now is the public consumption of drugs on the streets,” said Da Silva. He also said that there had been a spike in drug trafficking in Europe, particularly relating to cocaine.
Fianna Fáil TD Tom Brabazon said that it was his experience as a public representative that constituents had an issue with the smell of cannabis on the streets of Dublin.
“My experience in Dublin is that people are constantly complaining about the strong smell of cannabis in Dublin. A lot of people complain about it and they don’t want to experience it,” said Brabazon.
Mr Brazabon asked if Portugal had ever considered introducing special areas for drug consumption, so that users would not “impose their habits on other people.” To this, Mr Da Silva said: “No, we haven’t. We don’t have that.”
He also admitted that there are no consequences for those who are asked to attend classes
“You’ve nothing like that in Portugal, so that you can persuade people to go and get treatment?” Brazabon probed, to which the senior police chief said this would be an issue of “personal freedom.”
Mr Da Silva said that Portugal’s decriminalisation of drugs had been “widely regarded as an innovative response” to the challenges posed by substance use. He said that rather than adopting a punitive approach, the Portuguese model seeks to address addiction through a framework which “recognises the complex interplay between biological, psychological, and social factors.”
“In Portugal, police officers remain responsible for identifying drug use, seizing illicit substances, and referring individuals to the commission for the dissuasion of drug addiction,” he added.
“On one hand, law enforcement continues to bear a substantial operational burden. On the other, the nature of police interventions has shifted towards facilitating access to wealth oriented responses. Importantly, police officers operate on the front line of social reality,” the police chief said.
‘PORTUGUESE MODEL FACES ONGOING CHALLENGES’
“Due to their constant exposure and immediate responses and response obligations, they are frequently called upon to address situations that extend beyond strict legal enforcement. While it would be reductive to view police as a defect to social workers, their role increasingly intersects with social and public health domains. particularly in the context of drug use.
“One of the most significant contributions of the Portuguese model lies in its ethical reorientation, by treating [those caught in addiction] as humans, rather than a moral failing or criminal act, it promotes dignity and reduces stigma,” claimed Da Silva.
“Despite its success,” he continued. “The Portuguese model faces ongoing challenges: the resurgence of visible drug use in public spaces has reignited debate and raised concerns about the effectiveness of current strategies. At a broader level, the increasing proliferation of drugs across Europe and in schools, shows the need for continued reflection and adaptation.”
Still, he claimed that from the police’s perspective, the later approach post-2001 had “produced more positive outcomes for society and for law enforcement institutions.”
The police boss admitted that it is difficult to differentiate between people taking drugs for personal use and those for sale and supply.
“How do you draw the line between those two?” said Deputy Brabazon, asking when the police could be sure if someone had an intention to supply.
“Well, at the end of the day, you have to cross information with other individuals because, as we mentioned from the beginning, this is not just a police issue. There are social workers on the ground. They are their consumption rooms on the ground. And if we all of us, if we can have a sustainable platform of talking, we can, of course, make stronger and wiser decisions. But I think your question is very valid.”
“It’s very difficult for the police officer to say that this individual just consumes once a day. Because at the end of the day, it’s going to be the police experience on the ground that will decide that. There is a resurgence of visible drug use in public spaces, and that has reignited debate and raised concerns about the effect of the current strategies.”
“One of the things that we are currently discussing, of course, is the spike of drug trafficking – mainly cocaine in Europe,” added Mr Brabazon.
“If they are consuming drugs in public spaces, sometimes there is nothing that the police can do,” said Mr da Silva. “Well, the police at the end of the day can seize the drugs and send them to the dissuasion commission. But once again, one of the things that you should ask is, is this the police’s real job?”
Mr Brabazon pointed to alcohol being one example of a legalised drug in Ireland which he said had done “absolutely enormous damage to our society over many years” in terms of domestic violence, economic deprivation of families, and the social implications across generations.
“We have enormous difficulties here and with the pressure it puts on core services. Would you feel the same would be valid and respective of the legalisation of drug use in Portugal, for example?” he asked.
“We are talking about two different areas,” said Mr da Silva, arguing that “alcohol, probably in some ways, produces much more negative social impacts than some drugs.”
SMELL OF CANNABIS BECOMING MORE POTENT
Deputy Brabazon said that a big complaint he had seen in Dublin was the strong smell of cannabis.
“Given your experience in policing, I suppose, one of the big complaints we have here, certainly in Dublin, in my experience, is that people are constantly complaining about the strong smell of cannabis. It’s becoming more and more prevalent, certainly in my anecdotal experience; that there’s more of it and it’s becoming stronger in its potency, and the smell. A lot of people complain about it, and they don’t want to have to experience that unless they make that decision themselves, and it’s something they want to do.
“Have you ever considered, you know, geographical areas in, in cities or in rural parts where people can consume rather than impose their habit on other people?” the Dublin TD asked.
“No, we don’t have to. We don’t, but, I think taking into account the experience and the knowledge that I have from other places. Well, I don’t think there is any place that exists as a specific area for drug consumption. We don’t foresee the need at this stage to have specific areas for drug consumption.”
The TD asked a further question in relation to dissuading people to take drugs.
“So, if somebody is found with an illicit drug in their possession for their personal use, and then they are referred to the dissuasion commission – if they don’t participate in it – there’s no consequence for them. Is that correct?”
“At the end of the day, that is correct,” said Mr da Silva, adding that to do this may be “to victimise the individual twice.”
The TD added: “One of the things about Ireland, for all of the faults and ills of our own system, somebody has the ultimate sanction of going to court. If you don’t go along and seek help, then the alternative is potentially a conviction. You’ve nothing like that in Portugal so that you can persuade someone to go and seek treatment [for addiction].”
However, the police chief insisted that the Portuguese decriminalisation model is “based on individual freedom.”
“Because you cannot take that from the equation,” he told the Oireachtas committee.