The Chairman of the Athlone Drug Awareness Group Cllr. Frankie Keena said that he was disappointed to hear Luke Ming Flanagan’s recent comments where he stated that he still enjoys smoking cannabis and will continue to do so.

To be honest it does not disturb me if Luke wants to break the law by smoking & growing cannabis, he is an intelligent man and therefore I am sure he fully understands the side effects, health issues & legal implications associated with cannabis use, so I am not going to loose a nights sleep over him going down this road. However, the issue that I have is that we are now talking about a member of Dail Eireann opening admitting breaking the law and the potential damaging influence that such actions can have on the public, he said.

It is plain to see that 17.54% of those who cast their vote in the Roscommon / South Leitrim constituency in favour of Luke had no concerns with him breaking the law and promoting cannabis use to their teenagers. While I fully accept this democratic decision as a parent I do not accept his viewpoint on using illegal drugs.

While his honesty on this matter has to be admired it is important to point out that no one in this country is above the law and this goes for Luke Ming Flanagan as well.

As an elected member of the 31^st Dail he should recognise the responsibility put on him and the damaging influences that he can put on young people by such actions. Such actions will make it very difficult for groups like ours when giving talks to young people.

Presently in Ireland it is an offence under the 1977 and 1984 Misuse of Drugs Acts to be in the possession of cannabis or cannabis resin.   It is also an offence to grow cannabis plants.
A grower could be liable for a fine not exceeding €1270 or a prison sentence of up to 12 months.
If a grower of cannabis is convicted on indictment by a Court, the penalty could be an appropriate fine or imprisonment up to 14 years or a combination of fine and prison.

From a law enforcement point of view it is incumbent on the Gardai to carry out investigations following his recent statement. There cannot be one law for one person and another for someone else.

There are certain privileges attached to being a member of the Oireachtas which may be of interest in this case.

For instance, Article 15.13 of the Constitution states that:

‘The members of each House of the Oireachtas shall, except in case of treason, felony or breach of the peace, be privileged from arrest in going and returning from, and while within the precincts of, either House and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself’.

So obviously depending on the legal interpretation of the word ‘felony’  members of the Houses of the Oireachtas may be privileged from arrest for possession of cannabis for personal use while going to and returning from Leinster House and within the precincts of Leinster Hous. If this is the case then this privilege for Oireachtas members is a farce.
On the other hand, if they are found in possession of cannabis in Ireland generally and cannot demonstrate that they are going to or coming from Leinster House, they will be subject to the same law as everyone else.

It is also important to point out that Luke Ming Flanagan has also openly stated that he grows his own cannabis which is a blatant abuse of our law as it is an offence to grow cannabis plants.

I am sure his public comment will force the Gardai to investigate this matter further, concluded Cllr.Keena.