MEMBERS OF the Defence Forces suspected of taking illegal drugs are to be subjected to repeated targeted drug testing over an 18-month period under tough new rules being introduced by Minister for Defence Willie O’Dea.
Until now, soldiers, airmen and sailors had been selected randomly for one-off drug testing.
However, that system is being changed to allow the targeting of military personnel who will be tested six times over 18 months if they are suspected of drug taking.
The changes are being introduced in the wake of a High Court case in which a soldier successfully claimed he had tested positive for cannabis because he had eaten the drug in a pizza topping that had been spiked as a prank.
The soldier at the centre of the pizza case – Pte John White – challenged his dismissal and won his case in February of last year. A review of the drug-testing system was then carried out.
Under the new rules, any member of the Defence Forces who tests positive under the existing compulsory random drug- testing programme and seeks a judicial review will be subjected to the new targeted programme.
This will involve undergoing six tests over a period of up to 18 months. The selection of soldiers, sailors or aircrew for the repeated targeted testing will be at the discretion of general officers commanding. Any person placed on the targeted testing programme will be moved to administrative duties. If an individual does not agree to the repeated testing they can be dismissed before their judicial review into their original positive test.
Mr O’Dea said the new system represents an additional procedural safeguard to the Defence Forces zero tolerance drugs policy. “These changes are being made in order to meet the parameters outlined by the High Court (in the case of Pte White) for the procedures to apply following a positive drugs test.”
Last year the High Court heard that Pte White tested positive for cannabis at Finner Camp, Co Donegal, in October 2005. Pte White was “astonished” and denied ever taking drugs. He said that some time after the test he was approached by an acquaintance who told him that as a prank he had put cannabis resin on a pizza which Pte White had eaten.
Pte White said he had given this information to his commanding officer who asked for the names and addresses of anyone involved.
In November 2005 his battalion commander recommended that Pte White be discharged from the Defence Forces on the basis he was not prepared to press charges against the acquaintance.
Mr Justice O’Neill said the discharge was “simply unfathomable” given Pte White had eaten cannabis as a result of the actions of another person.
The judge said the Army’s disciplinary procedures were wrongly applied in relation to not recommending a discharge on grounds of reasonable doubt.
A second member of the Defence Forces – airman David Rawson (21) – has claimed he tested positive for cannabis because he passively inhaled smoke in a car. He is currently appealing his dismissal to the Supreme Court and is still serving.
About 10 per cent of those serving in the Defence Forces are randomly selected for drug tests each year.
Over 8,910 tests have been conducted since testing began in 2002. There have been 35 positive results and 21 discharges of personnel.
