A Ballinasloe man with multiple sclerosis could face a further delay in getting permission to return home for family visits while in possession of his palliative medication, which includes cannabis, after a failed complaint bid to the European Ombudsman.
Noel McCullagh (35 ), who was diagnosed with multiple sclerosis in 2006, has made several attempts to gain permission to visit his parents, Michael and Ann, in Ballinasloe, however, the Irish authorities have warned that he would be arrested upon entry for possession of illegal drugs. Mr McCullagh, who has been living in the Netherlands for a number of years and works as a postman with the Royal Dutch Mail, has been prescribed palliative medical products containing cannabis.
Mr McCullagh submitted an infringement complaint to the European Commission and following an enquiry it was found that there was no infringement of EU law on the part of Ireland. Following a further complaint, the European Ombudsman then opened an inquiry into the Commission’s handling of the matter.
In its ruling published this week, the European Ombudsman said that despite being “deeply touched” by Mr McCullagh’s circumstances there had been “no maladminstration” by the Commission and that because Ireland is not a signatory to the Schengen Agreement the State is legally entitled to continue to apply its drugs legislation “without regard to the Schengen acquis”.
However, the ruling also stated that “although the law and institutions of the European Union were unable to provide a solution, the Ombudsman was not aware of anything that would prevent the Irish authorities from exercising discretion, on humanitarian grounds, to allow the complainant to visit his family in Ireland, whilst continuing to take the palliative medicine prescribed for him in the Netherlands”.
The Ombudsman is now due to inform the Irish Ombudsman, Emily O’Reilly, and the President of the Irish Human Rights Commission, Dr Maurice Manning, of the complainant’s case and invite them to take any action that they consider useful.
The Schengen Agreement created Europe’s borderless Schengen Area which comprises the territories of 25 European countries. The Schengen states are obliged to prosecute illegal trade of narcotics whilst at the same time affording every protection to those prescribed medicines that contain narcotic elements. Persons travelling in the Schengen Area must carry official documentation. Ireland and the UK have so far not signed up to the Schengen Agreement citing possible difficulties that would arise with their agreement of borderless travel between the Republic and Northern Ireland.
