Among the members present at the hearing were Minister for Justice and Internal Affairs Tonio Borg, Dr Gavin Gulia Labour MP and spokesman for Internal Affairs, Marie Louise Coleiro, Labour MP and spokesperson for social solidarity and Dr Michael Gonzi, Nationalist Party MP.

The committee heard the views of Dr John Zammit Montebello, co-ordinator of the Corrective Division at the Corradino Correctional Facility, Maria Swain, secretary general of Caritas, Mariella Balzan, co-ordinator of San Blas Rehabilitation Centre, Mariella Camilleri, probation officer and Assistant Police Commissioner Paul Debattista. The main issue was whether it would be of advantage to make a distinction between sharing and trafficking in the drug legislation.

Dr Zammit Montebello suggested introducing the system of drug classification in the legislative system. The system of drug classification will not make the law more lenient with the offender. On the other hand, Dr Zammit Montebello said that a first offender should go through a harsher programme to further discourage him/her from a lifetime career in drugs and crime.

All the members of the forum emphasised the importance of a swift court hearing. Many individuals wait several years before they are called to stand trial for their drug-related crimes. In the meantime, they would have seen the error of their ways and turned over a new leaf. They would have started university or found a job. Others would have finished their rehabilitation programme 10 years before being called to stand trial, and all the effort made would be lost or destroyed if the person has to go to prison.

Dr Zammit Montebello also suggested that a system of arrest referral is introduced. When a person is arrested on drug charges, he/she should be immediately referred to agencies which will be able to provide the help he/she needs. Meanwhile, the police will continue their investigations and the person will still be charged. In this way, the person will be immediately given any help he/she needs.

Dr Gulia voiced the worries of the committee when he said that using the excuse of “sharing” a drug trafficker can get away with a lighter sentence. Dr Borg and Dr Gulia both emphasised the importance of finding a way in which the legislation is changed without allowing abuse to take place.

Maria Swain from Caritas said that at present, there are 1,500 people attending drug rehabilitation programmes. Compared to other countries this number is alarming considering the small size of the country. This number refers only to people who are undergoing treatment, and therefore does not give a complete picture of the drug situation in Malta.

It is extremely important to tackle the problem of legislation as this might reduce the number of accidental overdose cases. Mariella Balzan, co-ordinator of San Blas Rehabilitation Centre, said that sharers are reluctant to take a person suffering from an overdose to hospital for fear of arrest. She said “I am 100 per cent sure the number of fatal overdose cases will be reduced”. It is not the first time Caritas has received calls to pick up and take people suffering from an overdose case to hospital. Drug addicts do not want their friends to die, but are afraid they will be arrested.

The average age of drug addicts and traffickers is decreasing, as is clearly seen by the people who imprisoned on charges of drug trafficking. Underaged traffickers should be helped immediately, instead of being thrown in prison. They do not consider they are breaking the law as when they do so, they are in a group. Ms Balzan agreed with her and said from her experience, every addict takes drugs with someone else. This makes it harder to distinguish between trafficking and sharing.

Drugs and trafficking are spreading in schools .To help reduce the problem, prevention programmes need to be aimed at young people beginning from primary schools according to Assistant Commissioner Paul Debattista. These programmes have to be continued throughout secondary and tertiary education.

About 80 per cent of drug abusers are traffickers because they need money to sustain their habit. Mariella Camilleri, a probation officer said this number is a careful estimate. Therefore if the legislation is changed, this 80 per cent will be affected and it is important that the change affects those who are in need of help. Marie-Louise Coleiro, Labour MP, said extreme care must be taken when changing the legislation and that one should distinguish between abusers who become traffickers in order to support their habit, and those who do so for gain.

It is important to get to the root of the problem - Ms Swain said that the drug problem is only a symptom of other problems. She pointed out that prison has a punitive and not a rehabilitative effect. Once they are out of prison, the likelihood that they will relapse and start using drugs again is very likely.