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People should not be prosecuted for personal possession of drugs. Shutterstock/Discha-AS

Lynn Ruane Harm reduction should always come first with criminal drug policy

We should decriminalise possession of drugs for personal use, writes independent senator Lynn Ruane.

ON MY BIRTHDAY last month, I was lucky enough to be sitting in a room full of like-minded people to discuss global alliances in the pursuit for fairer drug policy and criminal justice reform.

Not a typical birthday, but I was excited to sit around a table and listen to discussion from the people I always feared the most: prosecutors.

Fair and Just Prosecution (FJP) work with elected prosecutors around the US to support and develop new ways of thinking about the justice system. Everyone in the room was talking about all the things I’ve been passionately advocating for my entire life.

I was sharing a room and discussing public health approaches to drug policy/harm reduction with people I never would have expected. 

There were people from various countries discussing innovative approaches to drug policy, public health solutions to violence reduction and other criminal justice issues. I didn’t expect to feel the way I did when I heard one ex-police officer say: “I don’t want to cause harm anymore.”  

I wondered how many of our own guards have felt this? How many understand the harm caused to people living with addiction by implementing unfair and harmful drug laws and policies? How many within our judiciary know and understand that our drug laws have failed?

I accept we live within a different legal framework to other jurisdictions, but how many within our justice system are willing to stand up and speak out against our archaic, harmful drugs laws?

I suppose there’s only way to find out – by inviting more people into the room where discussions like this are taking place.

Ignoring the backlash 

Two US state’s attorneys who have particularly impressed me in the area of drug reform lately are Marilyn Mosby (serving for Baltimore, Maryland) and Sarah George (serving for Chittenden County, Vermont). A US state’s attorney is a lawyer who represents the interests of the state for whom they work in a legal proceeding. 

Both women took office in 2016 and quickly took on the mantle of drug policy reform, successfully ignored all pushback and refused to prosecute personal possession of life-saving drugs.

Pushback isn’t even the right phrase – we are talking about pushback from a country that led the charge on the war on drugs. Last year, state’s attorney Sarah George said her office would no longer prosecute anyone arrested for possession of unprescribed buprenorphine, which is a drug to treat opioid addiction.  

This created a situation whereby the Vermont State Police were instructed to continue making arrests, but George kept refusing to prosecute. Over time, those pushing back against George realised she wasn’t going to back down and stopped arresting people for possessing these drugs.

Since meeting George, I read an article by the Burlington Free Press in which the State’s Attorney said she chose to make decisions based on what she felt was best for the criminal justice system, not for political purposes. 

If our elected representatives in Ireland operated within that same mindset we would wind up with a very different, fairer justice system. Luckily for Sarah George, she can look to other state’s attorneys like Marilyn Mosby and know that there are more strong representatives making similar calls.

A quick search of Marilyn Mosby online will yield headlines about her “soft” drugs policy, followed by misinformation about encouraging the use of illegal drugs. 

Of course, anyone who understands addiction knows this is not why people support changes in drugs laws. Mosby has also refused to prosecute weed-related charges.

At the conference on my birthday, I sat across the table from Mosby and listened intently as she passionately spoke about her ambitions within office to transform drug policy in her district.

She spoke with a huge amount of knowledge and compassion about the relationship between the mass incarceration of members of the black community and drug laws. I was inspired by the fight I felt from her.

The weekend at this conference in Edinburgh left me with a burning question: What would happen if every guard in Ireland refused to arrest people for personal possession and what would happen if every judge struck out cases of personal possession?

We all know there are many guards and judges who don’t implement the full force of the law for possession for personal use, but it is no longer enough to hope you will meet one of these if you’re found in possession of an illegal substance. 

Lynn Ruane is an independent senator.

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    Mute Sam Harms
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    Jul 27th 2021, 10:00 AM

    Yes, but all guests should have to provide their DCC showing that they have been fully vaccinated, have a negative test or are recovering from covid.

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    Mute Finn Bar Regany
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    Jul 27th 2021, 10:04 AM

    @Sam Harms: why would you have to do that at a private function,, if you don’t feel safe going,, then don’t go…

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    Mute Des Doherty
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    Jul 27th 2021, 10:09 AM

    @Finn Bar Regany: how do people still not get it’s not just about you personally feel safe. I have a v low chance of getting v sick from covid but a high chance of catching it and passing it on. The more people that catch it, the more chance of worse variants and the bigger the chance of vulnerable vaccinated people catching it and getting sick as the vaccine is not 100%

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    Mute Tomo
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    Jul 27th 2021, 10:13 AM

    @Des Doherty: Well then it’s up to the organisers, not the government, to implement that rule.

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    Mute Sam Harms
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    Jul 27th 2021, 10:18 AM

    @Finn Bar Regany: what difference does it make if it’s a private function? Does it being private stop covid from being able to spread? Also it will be held in a venue that will have staff who aren’t part of that function

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    Mute Finn Bar Regany
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    Jul 27th 2021, 10:32 AM

    @Sam Harms: That would be up to the people getting married and the owener /manger of the premises…
    No,
    Same as pubs and restaurants all staff should be wearing masks..

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    Mute Sam Harms
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    Jul 27th 2021, 10:41 AM

    @Finn Bar Regany: public safety isn’t up to the couple or the owner/manager

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    Mute Adam J
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    Jul 27th 2021, 11:01 AM

    @Des Doherty: The Vaccine doesn’t eliminate you catching it and passing it on, it just protects you from the worst symptoms of the Virus

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    Mute Marko
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    Jul 27th 2021, 11:21 AM

    @Sam Harms: why

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    Mute Angela Lavin
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    Jul 27th 2021, 11:24 AM

    @Sam Harms: sure if they staying in the hotel overnight they don’t need to be vaccinated to be safe ….. faulted Ireland are experts at writing guidelines on health matters

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    Mute Contrary Mary
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    Jul 27th 2021, 11:24 AM

    @Des Doherty: When does it stop, Des? Covid won’t magically disappear now. Globalisation will see to that.

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    Mute Marko
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    Jul 27th 2021, 11:29 AM

    @Sam Harms: well im getting married start of next month and im not fully vaccinated so I guess I can’t go by your comment

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    Mute Paul Hedderman
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    Jul 27th 2021, 11:43 AM

    @Des Doherty: So do we keep restrictions here indefinitely?…… If you’re worried about new variants I’ve news for you, theres nearly 8 billion people living outside this country and the majority of those countries have had way less restrictions than us and are less vaccinated than us. New variants are inevitable, that what happens with viruses. What we do here wont stop that. We can lock down for the next 10 years and still these new variants will get in. Thats the reality. We just have to get on with life now most are vaccinated. Booster shots for the next year or two and hope for the best.

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    Mute whitewater
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    Jul 27th 2021, 11:51 AM

    @Sam Harms: here’s an idea! Instead of that maybe people who feel at risk from this virus could stay at home and quit holding the rest of us hostage.

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    Mute Sam Harms
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    Jul 27th 2021, 12:02 PM

    @Marko: Why? Could you not get a negative test? I’m going to a wedding next week and I’ll be getting an antigen test to do before and then one after because my second dose isn’t due until the following week and I want to make sure I’m not potentially spreading the virus.

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    Mute Marko
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    Jul 27th 2021, 12:45 PM

    @Sam Harms: I wouldn’t ask my guests to get a pcr test especially when half of them are vaccinated ! The point I’m making is up until now 50 people could attend a wedding with out having to prove they have a negative test, vaccine pass and so on. Now when it’s supposed to go up to 100 they want to change the rules again! Our wedding will be an exclusive event where test and tracing would be simple to do as everyone’s names is on the list that would be staying , the ceremony is outdoors and dinner in a massive function hall where only 8 people can sit at a table over 10 in diameter, I think there is more than enough safety precautions in place without having someone at the door looking for a qr code or you won’t get in! Ridiculous carry on

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    Mute Des Doherty
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    Jul 27th 2021, 12:46 PM

    @Adam J: vaccines do substantial reduce transmission rates , research suggests it reduce transmission by about 50%

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    Mute Des Doherty
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    Jul 27th 2021, 12:49 PM

    @Paul Hedderman: no we don’t need restrictions once a large majority are vaccinated around the world . Richer nations have an obligation to ensure poorer countries are vaccinated. We are all in this together, we will not escape even worse variants until we vaccinate the world .

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    Mute Sam Harms
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    Jul 27th 2021, 12:58 PM

    @Marko: you don’t seem to be reading what I’m saying I said a negative test OR vaccine. If most guests are vaccinated then grand they won’t need to get a test, and it could be an antigen test not necessarily a PCR test, just to give peace of mind. 100 people is alot more than 50, imagine how many more contacts that extra 50 people could result in. It’s not just about you and your guests, it’s about everyone they could come in contact with and pass it on to. I don’t see what the big deal would be in asking someone to take an antigen test.

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    Mute Marko
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    Jul 27th 2021, 1:17 PM

    @Sam Harms: we’ll you’re not getting married Sam so I guess that’s why you don’t see it as a big deal haha! But sure look that’s the world we live in now

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    Mute Paul Hedderman
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    Jul 27th 2021, 1:23 PM

    @Des Doherty: You’re talking into 2023 atleast for the world population….. Do you think we should keep some restrictions here until then? ….. We’re all in this together is great and all until you’re the only mug abiding by it pointlessly. Do you also see every country playing by the same playbook? UK fully open, right next door! So why would wee keep restrictions with a small population if others with massive populations dont?…… Vaccinated get infected too and antibodies reduce over time so even if the world is fully vaccinated (which you wont get because not everyone wants to be vaccinated) it will still be around in some form and with new variants. Get used to it.

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    Mute Des Doherty
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    Jul 27th 2021, 1:44 PM

    @Paul Hedderman: let public health guidance dictate that but until the world cops on and realises we can’t wish our way out of this pandemic, further restrictions seem necessary. Pandemic restrictions are likely due to huge anti vax sentiment in some countries and lack of vaccine access in others . Hopefully we are lucky and no variants emerge that break through the vaccines .

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    Mute Sam Harms
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    Jul 27th 2021, 2:06 PM

    @Marko: no I’m not, we got married in March 2020 just before everything shut down, so did have worries that people might get sick or not be able to make it. And if it was now I still wouldn’t see it as a big deal because we weren’t having a massive wedding anyway and the important thing is getting married not the party. Also wouldn’t see asking people to take an antigen test as peace of mind as any issue because it helps keep people safe. In fact the couple getting married next week have been considering getting antigen tests for everyone to take because older relatives are worried about the delay variant.

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    Mute Marko
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    Jul 27th 2021, 2:16 PM

    @Sam Harms: I thought the antigen test wasn’t considered accurate? Well looks like I can have people at my wedding that I cancelled 3 times already ! Common sense prevails

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    Mute Hear me now
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    Jul 27th 2021, 2:17 PM

    @Sam Harms: sorry…negative test not accepted here.

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    Mute Paul Hedderman
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    Jul 27th 2021, 2:21 PM

    @Des Doherty: I dont know if you know yet but the delta variant is infecting the vaccinated! Whether you like it or not the world is moving on. Some countries quicker than others. You should get used to the idea that it isn’t going away any time soon and could be with us indefinitely, like the flu has been…… Also public health guidance hasn’t been listened to for a good while now by alot of people. Young are reported having covid parties to get infected and get the DCC sooner so they can travel. Alot of them have been enjoying themselves as normal for the past year now (except for pubs and clubs being closed).

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    Mute Sam Harms
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    Jul 27th 2021, 2:53 PM

    @Hear me now: not at present for indoor dining, but it will be in the future.

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    Mute Sam Harms
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    Jul 27th 2021, 2:54 PM

    @Marko: they aren’t as accurate as a PCR test, but they’re better than nothing.

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    Mute Des Doherty
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    Jul 27th 2021, 5:12 PM

    @Paul Hedderman: yes but it’s much less likely to spread among the vaccinated so a good chance it could die out if everyone is vaccinated

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    Mute Elaine Phelan
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    Jul 27th 2021, 10:32 PM

    @Sam Harms: agreed

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    Mute James Doherty
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    Jul 27th 2021, 10:00 AM

    100 people is a decent number, from my experience the smaller the wedding the better the craic. Its then usually just the immediate family and closest of friends.

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    Mute Brian Dunne
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    Jul 27th 2021, 10:50 AM

    @James Doherty: exactly. 100 people is more than enough.

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    Mute Adam J
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    Jul 27th 2021, 10:57 AM

    @James Doherty: With no live music or dancing allowed, the craic would be pretty much absent at a wedding of 50 or less

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    Mute Mark Malone
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    Jul 27th 2021, 9:59 AM

    Isn’t great to see the cases in the UK plummeting since they got back their freedom.

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    Mute Mark Malone
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    Jul 27th 2021, 10:01 AM

    @Mark Malone: Isn’t it *

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    Mute Roy Dowling
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    Jul 27th 2021, 10:10 AM

    @Mark Malone: Can I ask what freedom you don’t have?

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    Mute Mark Malone
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    Jul 27th 2021, 10:16 AM

    @Roy Dowling: Taking my teenagers and wife for a bite to eat indoors, shopping or getting on a bus without a mask, visiting friends in hospital etc.
    I see NPHET have done a good brainwashing job on you.

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    Mute Joe_X
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    Jul 27th 2021, 10:25 AM

    @Mark Malone: Really? They open and suddenly the cass plummet. Remember who is in charge over there…. would not trust him as far as I would throw him!

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    Mute Rebecca BarrettNp
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    Jul 27th 2021, 10:27 AM

    @Mark Malone: Wow, the people of North Korea should walk a mile in your shoes.

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    Mute Mark Malone
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    Jul 27th 2021, 10:31 AM

    @Rebecca BarrettNp: The numbers have plumetted by over 50% since their reopening but don’t let the facts get in the way, stay scared.

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    Mute Joe_X
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    Jul 27th 2021, 10:41 AM

    @Mark Malone: I take it that it was me you meant to reply to, instead of Rebecca seeing as she never mentioned cases…any way, no they didn’t…. reported new cases last week roughly 34000 daily, yesterday 24000…. that’s not a cut of 50%, and I thought my math were bad!

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    Mute Stephen Doyle
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    Jul 27th 2021, 10:42 AM

    @Mark Malone: as long as evil puppeteer Holohan is pulling the strings, little will change.

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    Mute Mark Malone
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    Jul 27th 2021, 10:51 AM

    @Joe_X: Over 54,000 cases (July 17th) 2 days before they reopened (July 19th) Joe, you’re not bad at maths, just a tad pedantic.

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    Mute Mark Malone
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    Jul 27th 2021, 10:52 AM

    @Rebecca BarrettNp: wow, just wow. Super comparison.

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    Mute David Jordan
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    Jul 27th 2021, 10:55 AM

    @Mark Malone: “The numbers have plumetted by over 50% since the…”

    … record breaking heatwave began, which meant people kept the windows of their homes open and spent more time outdoors.

    https://news.sky.com/story/uk-weather-heatwave-expected-to-continue-into-this-week-and-temperatures-could-rise-even-higher-in-some-parts-12358441

    https://www.google.com/search?client=firefox-b-d&q=uk+covid

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    Mute Mark Malone
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    Jul 27th 2021, 11:00 AM

    @David Jordan: That’s right David, and no one went indoors at all for a pint, no one crammed nightclubs, no one took off their masks everywhere, it’s all down to the sun.

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    Mute Mark Malone
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    Jul 27th 2021, 11:07 AM

    @David Jordan: The same heatwave as we had but our numbers didn’t halve.
    We must have a different variant of the sun here.

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    Mute Karl Mullen
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    Jul 27th 2021, 11:09 AM

    @Mark Malone: The impact of the 19 July easing of restrictions will not become apparent in the case numbers until the week beginning 2 August.

    Schools have closed for the summer, half a million people isolating a week, people not getting tested/deleting the app. But yeah, Freedom.

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    Mute Adam J
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    Jul 27th 2021, 11:11 AM

    @Mark Malone: Even by Joe’s numbers, that’s a massive drop in cases in a week (not sure why he’s so pedantic over a few percentiles), very promising from the UK, showing our leadership to be the bunch of cowboys they are.

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    Mute Joe_X
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    Jul 27th 2021, 11:17 AM

    @Mark Malone: funny how you picked the peak day for your figure…. 2 days before that they were 47000 on the 15th and 2 days before that again on the 13th they were 36000, and 2 days again before that on the 11th, they were 31000. The drop has nothing to do with the sudden abandonment of all restrictions and just luck on Boris’s part. Lets see where the are in another few days.

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    Mute Joe_X
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    Jul 27th 2021, 11:23 AM

    @Adam J: Sorry Adam…read my above reply to Mark…it is a drop from a peak day….only 6 days before they reopened they were at 31000 new cases…it is not the massive drop that Mark is claiming it is. As for cowboys, no one surpasses Boris at that.

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    Jul 27th 2021, 11:37 AM

    @Joe_X: sorry…that should have read “….only 8 days before the reopened….”

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    Mute Rebecca BarrettNp
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    Jul 27th 2021, 11:55 AM

    @Mark Malone: Stay scared? Double-jabbed and have my certificate, I’m happy out and calm as a summer breeze :)

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    Mute Alan McDonald
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    Jul 27th 2021, 12:31 PM

    @Mark Malone: Less testing here…people deleting the app and the government in Westminster changing how they report statistics…if you had covid once and get it again…they don’t count it.

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    Mute Joe_X
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    Jul 27th 2021, 1:17 PM

    @Alan McDonald: Just out of interest Alan, if they are not counting those who catch it a 2nd time, would it be safe to assume they are also not counting those who are vaccinated? Also, when did they introduce these changes?

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    Mute Teresa O'Halloran
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    Jul 27th 2021, 2:13 PM

    @Stephen Doyle: what a nasty comment

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    Mute Hear me now
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    Jul 27th 2021, 2:23 PM

    @David Jordan: seriously…they neo their windows open & you think that’s the reason the numbers drooped!!!

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    Mute Margaret Kane
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    Jul 30th 2021, 4:30 PM

    @Mark Malone: would you like us to be locked up forever get. over yourself and wake up

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    Mute michael walsh
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    Jul 27th 2021, 10:04 AM

    Increase it to mandatory 1000 and free bar till 4am

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    Mute Diarmuid O'Braonáin
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    Jul 27th 2021, 10:26 AM

    Jayes all the conspiracy theorists were saying last year we were gonna end up with Vaccine Passports. Look what happens. People all over the country baying for it use and more garda enforcement and more fines. More use of the vaccine certificates ect ect with a goal of excluding a substantial amount of people from society. We had people ringing the guards and reporting neighbours and friends. Our media constantly hyping up the fear and worst case scenario. Doom and gloom. Society is now beginning to split. Whatever happened to my body my choice. The extreme of our society want everyone held down and forcefully jabbed with the vaccine including small babies.

    What a mess of a situation we find ourselves in. Whatever happened to we are all in this together, free choice and free speech. Fear of the unknown is tearing us apart.

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    Mute Rebecca BarrettNp
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    Jul 27th 2021, 10:30 AM

    @Diarmuid O’Braonáin: It was obvious from the beginning that if the virus wasn’t brought to heel early on that some form of certification would be required once a vaccine started to roll-out, otherwise there would be complete chaos. Also, the conspiracy theorists made 1000s of predictions, they were probably going to be close with 2 or 3.

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    Mute Fred spins kdb
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    Jul 27th 2021, 11:07 AM

    @Diarmuid O’Braonáin: not saying you personally but a lot of the people flipping the ‘my body my choice’ mentality are the same pro-lifers that wouldn’t have a bar of it when it was used it in its original context. Why expect others to respect it now when they didn’t back then?

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    Jul 27th 2021, 11:29 AM

    @Rebecca BarrettNp: Where was it obvious? In hindsight maybe but people never thought we would end up here, millions of people thought this. We were told to protect the vulnerable and people rowed in behind not a problem with the early lockdowns. The govt said we will vaccinate the elderly and people with underlying conditions. This has been achieved and now they have moved the goalposts and all about vaccine passports and excluding people from elements of our society. Now we have people wanting people excluded from school, college, weddings, sports, stadiums…

    The govt have said that vaccines would be optional and not mandatory now they are using coercive means to push people to get vaccinated. I’m vaccinated and this is my choice but its hardly a characteristic of a democratic society. Regardless of what you say a lot of people who forewarned this have been proven right despite being ridiculed at the time. This includes politicians and doctors, people who are highly respected in society.

    Bear in mind the legislation is only temporary as its contravenes freedoms in the constitution. The only reason its allowed is because there is a sunset clause on it, sooner or later all these measures will have to be removed. The only way to change the constitution is through a referendum.

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    Jul 27th 2021, 12:08 PM

    @Rebecca BarrettNp: “It was obvious from the beginning”

    Your hindsight is faultless.
    Nothing was obvious from the beginning of this pandemic, that’s why so many mistakes were made all over the world.
    We’re supposed to believe you knew better?

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    Jul 27th 2021, 12:42 PM

    @Fred spins kdb: what a childish comment.

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    Mute Sam Harms
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    Jul 27th 2021, 1:10 PM

    @Diarmuid O’Braonáin: vaccine passports include proof of a negative test (apart from indoor dining at the minute but that will eventually be vaccine or test) so someone with a positive test would be excluded so they can’t infect others. Do you seriously have an issue with someone being excluded if they have covid?

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    Jul 27th 2021, 10:48 AM

    Never got this wedding thing, maybe because I’m not married, can’t understand giving 100 plus people a day out when in all probability you barely know most of them,sounds expensive, surely the two most important people in the room are the happy couple, like I said,I’m not married,it’s just an observation.

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    Mute Fred spins kdb
    Favourite Fred spins kdb
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    Jul 27th 2021, 11:04 AM

    @Michael Creagh: people don’t say it but the unspoken hope is that you make a large part of the cost back in the cards. Plus both sets of parents are usually responsible for the people the people the couple barely know. The aul wedding Guestlists are a fierce high pressure situation. I’m mixed on the weddings myself. They can be a laugh but the days can be too long, and it’s hard to enjoy your pints if the dinner was too filling.

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    Mute Alice Kennedy
    Favourite Alice Kennedy
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    Jul 27th 2021, 10:45 AM

    Not before maternity restrictions are addressed.

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    Mute Niamh Hughes
    Favourite Niamh Hughes
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    Jul 27th 2021, 11:08 AM

    If they can increase the number of people who can attend weddings well then they can allow our children receive their sacraments that they’ve had cancelled on them numerous times.

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    Mute Ci
    Favourite Ci
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    Jul 27th 2021, 3:30 PM

    @Niamh Hughes: Are you serious? Look at the case numbers, and you want a group of unvaccinated kids all thrown together? Caaes need to come way down before schools open and that’s for education which is actually important. Religion is not

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    Mute Willem Mevius
    Favourite Willem Mevius
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    Jul 27th 2021, 2:55 PM

    I got married last November. There were 4 people in total, spaced 2 meters apart (we needed 2 witnesses for some reason). My best wedding ever.

    (also my only wedding).

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    Mute Dan Skelton
    Favourite Dan Skelton
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    Jul 27th 2021, 12:46 PM

    If I was getting married and having a wedding, I’ll have as many guests as I like.

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    Mute Elaine Phelan
    Favourite Elaine Phelan
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    Jul 27th 2021, 10:35 PM

    @Dan Skelton: I’d say you’re safe enough there

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    Mute DB
    Favourite DB
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    Jul 27th 2021, 12:29 PM

    It’s a wedding and not that important as it isn’t life or death although many would argue it is the death of a many a good man .

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    Mute Aidan Conway
    Favourite Aidan Conway
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    Jul 27th 2021, 2:38 PM

    A 1000 new cases of covid a day is wave 4 of tge pandemic. Tgats tge highest. Its ever been.
    Time to restrict transmission not ooen up Doh!

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    Mute Watchful Axe
    Favourite Watchful Axe
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    Jul 27th 2021, 2:41 PM

    Yes but 50% have to move around by handstand walking.

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    Mute Andy Dillon
    Favourite Andy Dillon
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    Jul 27th 2021, 9:34 PM

    Reality check .. no one cares about your wedding except you…

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    Mute Anna Carr
    Favourite Anna Carr
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    Jul 27th 2021, 5:53 PM

    No, no and thrice no.

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