Gardai still not tested for drugs almost five years after policy announcement

There is no date for the introduction of drug testing of Gardai, almost five years after the policy was announced.

The Department of Justice said the delay was because regulations to underpin a drugs-testing scheme are “complex and have required thorough consideration”.

It said Department officials are working closely with An Garda Siochana and the Attorney General’s office, and that they are at an “advanced stage of drafting” and the regulations “will soon be finalised”.

It is only when those regulations are in place, then An Garda Siochana will still have to conduct a legal assessment and put in place a procedures process before the testing regime is rolled out.

The force described the practice as “standard across police services internationally, in the Defence Forces, and in many industries operating in high-risk environments”.

The Police Service of Northern Ireland has had a Substance Misuse testing programme in place since 2008, which includes tests administered at random, when there are grounds to suspect the misuse of drugs, and “post-incident testing”.

The Gardai say members are not currently subjected to tests like these, including those serving in high-risk areas such as armed response units.

In March 2021, a Garda Inspectorate report on tackling Garda corruption found the use of illegal drugs among the workforce “was acknowledged as a serious concern”.

In May of that year, the Gardai published their substance misuse policy, which describes how the misuse of drugs could “impair judgment” and could leave Gardai vulnerable to corruption and blackmail.

It outlined how testing Garda personnel “will be introduced to prevent and deter their use”, and suggested a scheme would come into force in six months.

When it is introduced, the testing of Gardai for controlled substances is planned to come under the remit of the Garda Anti-Corruption Unit (GACU).

A spokesperson said when Gardai are tested: “If the presence of a controlled drug can be explained by the use of prescribed or other legitimate medication, An Garda Siochana will be advised by a Medical Review Officer of a negative test result.

“If the presence of a controlled drug cannot be explained by the use of prescribed or other legitimate medication, An Garda Siochana will be advised of a positive test result.

“The positive test result reported will include the details of the drug(s) identified.”

Legislation to allow the drug testing of Gardai, The Garda Siochana (Functions and Operational Areas) Act, was signed into law in May 2022, with further provisions outlined in the Policing, Security and Community Safety Act 2024.

Applicants to the Gardai’s training programme do currently undergo a drugs test as part of the hiring process.

The Gardai trainee Candidate Information Booklet outlines how those who successfully complete a physical competence assessment are asked to provide a hair sample for testing, with urine samples used in “exceptional circumstances”.

Those who fail the test can apply again after a “reasonable period of time”, so long as they show evidence of a “substantial change in your circumstances through measures such as treatment, counselling and changes in lifestyle”.

The booklet outlines how: “It is envisaged for any such changes to become permanent could take a period of in or around two years depending on the circumstances.”

A Garda spokesperson confirmed civilian Garda staff are also not subject to drugs tests.

The opposition have criticised lack of progress in the area, with the Social Democrats spokesperson on justice Gary Gannon saying: “Gardai exercise significant powers on behalf of the public, and with that comes a responsibility to meet clear standards of accountability.

“Almost five years after drug testing was first proposed, it is hard to understand why the necessary regulations are still not in place.”

He added: “This is not about casting suspicion over Garda members, but about protecting public confidence and providing clarity for everyone involved.

“The government should now move to put the regulatory framework in place and bring this to a conclusion.”

Sinn Fein’s Matt Carthy said: “This is standard practice in other policing services and in the Defence Forces in order to ensure that those doing these crucial and important roles are fit to do so.

“Allowing for the drug testing of Gardai is also an important part of combating corruption within the Gardai – there have been incidents where large quantities of drugs have gone missing from Garda stations which have had to be investigated by An Garda Siochana’s Anti-Corruption Unit.”