Dominic Perrottet ‘lacking courage’ on drugs: NSW ice inquiry commissioner Dan Howard

The commissioner who oversaw an ice inquiry has slammed the Perrottet government for failing to decriminalise drugs.

NSW Premier Dominic Perrottet says ‘drugs have no place in our society’. Picture: Gaye Gerard

NSW Ice Inquiry commissioner Dan Howard SC has slammed the Perrottet government for “lacking courage” to decriminalise drugs, the key recommendation of his now almost three-year-old report.

Professor Howard said he was concerned that even the less controversial proposal accepted by the government – allowing drug users “two strikes” to avoid the criminal justice system – might never see the light of the day.

“They’re kicking that can down the road without any guarantee that it will actually happen,” Prof Howard told The Australian.

“They’ve missed an opportunity with decriminalisation, and it’s disappointing. I think they’re lacking courage on this issue.”

On Wednesday NSW Premier Dominic Perrottet emphatically rejected Professor Howard’s key proposal to decriminalise drugs across the board.

Mr Perrottet said his government had accepted 86 of the 109 recommendations advanced by the $11m inquiry, with the program focusing on a $500m package to combat drug addiction and the expansion of drug courts.

“I want to make it very clear that the NSW government does not support the decriminalisation of illicit drugs,” Mr Perrottet said.

“Drugs have no place in our society, but we know that those who have been caught up in taking drugs need care and health support.”

Former premier Gladys Berejiklian announced the sweeping inquiry into drugs at the end of 2018 but Professor Howard’s report languished as several members of cabinet, including Mr Perrottet, argued the government could not be seen to be soft on drugs.

Professor Howard said the Premier was ignoring overwhelming evidence and world best practice.

“Decriminalisation is so critical – people are afraid to come out of the shadows because of the criminality involved,” he said.

Dan Howard says the NSW government ‘missed an opportunity with decriminalisation, and it’s disappointing’.

Under the government’s scheme, drug offenders are expected to be issued a maximum of two criminal infringement notices at the discretion of police, with the offender attending an intervention program rather than incurring a financial penalty.

But the pre-court diversionary program and the “two strikes” infringement system are unlikely to be approved until the second half of next year – after the March state election.

Mr Perrottet said the scheme could not be put into place until extensive discussions with the chief health officer and police commissioner.

“You’d think it was rocket science, some brand new, huge breakthrough, but in fact, that sort of scheme has been in place in every other state, except Queensland for some time – all that’s doing is playing catch up,” Professor Howard said.

Infringement notices under the proposed scheme would be issued at the discretion of the police, another outcome at odds with Professor Howard’s recommendation that it should be a requirement for police to divert such cases.

“Leaving it to police discretion becomes a very bumpy process because it might be unevenly rolled out in terms of who is diverted and who isn’t, unevenness of justice is very problematic. But there seems to be a reluctance to in any way curtail any police powers.”

Attorney-General Mark Speakman – who has previously criticised the government’s delays – said the implementation of a pre-court diversion program would offer support to offenders through a range of rehabilitation programs.

“Ultimately, we want people in these intervention programs rather than paying the fine,” Mr Speakman said, noting illegal drug use was still a criminal offence.

Additional reporting: Nicholas Jensen