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Chamber

Plenary, 02 Nov 2000

02 Nov 2000 · S1 · Plenary
Item of business
Drugs Courts
Gray, Iain Lab Edinburgh Pentlands Watch on SPTV
Although the microphones are not working, I see that the clock is.

I will say something about the drugs courts model later. The key to drugs courts is that they aim to address the underlying problem of drug misuse, when criminality first becomes its consequence. Drugs courts try to prevent people from becoming involved in the life of crime that follows that cycle of offending.

In general, drugs courts bring together enforcement and treatment, which is why the Executive is taking action in a number of ways to link offenders more effectively with treatment and rehabilitation. We have provided extra resources—almost £100 million—in the spending review to fund the broadest range of services that has ever been seen in Scotland. Within that, an extra £9.5 million is available over three years to make a comprehensive framework of alternatives to custody available to Scottish courts.

Roseanna Cunningham spoke of the drug treatment and testing orders that are being piloted in Glasgow and Fife. Such orders are designed to tackle the problems of offenders who are involved in more serious drug misuse and who have many repeated offences. The orders are important—they incorporate some of the central features of drugs courts, such as access to treatment, routine testing and review in court.

I am pleased that we are extending the pilots to Aberdeen and Aberdeenshire, in order to build further on our experience of what works.

We must be able to intervene at each stage in the criminal justice process. We have announced the national roll-out of diversion from prosecution schemes, which target those who are at the other end of the spectrum for drug treatment and testing orders. The schemes are an alternative to prosecution for individuals whose offending career is just starting. DTTOs give people the chance to address their drug use before they launch into a full-blown career of offending.

We also have plans to target medium-tariff and higher-tariff offenders by developing a new model of enhanced probation, which will build in drug testing and treatment as a condition of sentence and will include regular reviews by the courts.

Roseanna Cunningham made the point that the growth in drug-related crime is not peculiar to Scotland. That is true—the problems are international and it is not surprising that countries are keen to learn from experiences beyond their boundaries. A great deal of attention has centred on the north American experience of drugs courts. In that system, drugs courts are designed specifically to supervise drug dependent offenders who have agreed to accept treatment. Thus, that system's objectives are similar to those that we have set in our policy.

It would be too easy to believe that the American system could be picked up and transferred wholesale to Scotland—our legal system, traditions and culture must be respected. However, we are keen to learn from the United States and I believe that we can move forward to introduce a Scottish drugs court model. We have been working with the Convention of Scottish Local Authorities on the issue and have commissioned research into the international experience. We will broaden our discussions on how to introduce and test that drugs court model. The judiciary and the prosecution have key roles to play and we must consult our judiciary, the Lord Advocate and the Crown Office on the roles that the judiciary and prosecution can undertake.

Drugs courts will be successful only if they form part of an overall framework. We must plan their introduction carefully and it is essential that we put in place the infrastructure to support treatment and rehabilitation services first. However, now that the spending review has provided the resources, we are well placed to develop those services. The drug action teams' role in local responses to drug problems has been strengthened during the past 18 months.

Taken together, the plans that I have outlined will provide a wide range of disposals that will be able to deal with the broad spectrum of drug-related crime. They will give Scottish courts all the options—arguably, more options than are available to the US drugs courts. Combined with the new resources that are available, our plans allow us to move forward on the idea of specialised Scottish drugs courts. That approach will be rooted in Scottish institutions and will complement existing practices. It must have the confidence of the courts and the general public alike.

For the first time, we have an opportunity to deliver a system that specialises in dealing with the problem of drug offenders, that blends enforcement and treatment and—above all—that has the possibility of being effective. I am sure that that approach will be welcomed throughout the chamber.

I move amendment S1M-1303.2, to leave out from "acknowledges" to end and insert:

"and acknowledges the work that the Scottish Executive is doing in tackling this problem."

In the same item of business

The Presiding Officer (Sir David Steel): NPA
Good morning. I apologise for the slightly late start. There were technical difficulties with the microphone system.
Fiona Hyslop (Lothians) (SNP): SNP
On a point of order. I am concerned that—yet again—we seem to be reading about Government announcements in the press rather than hearing them in the chamber....
The Presiding Officer: NPA
I share the member's concern. I will be charitable today because we have new ministers and, no doubt, new special advisers operating. However, I had a discus...
Hugh Henry (Paisley South) (Lab): Lab
On a point of order. On the pre-release of speeches and how you might interpret that, would your sanction extend to the pre-release of speeches to Opposition...
The Presiding Officer: NPA
Yes, absolutely. We do not expect to read in the newspapers what will be said in Parliament—we expect to read what has been said.
Lord James Douglas-Hamilton (Lothians) (Con): Con
On a point of order. As such pre-releases have happened several times, would the Presiding Officer care to have a word with the First Minister to ensure that...
The Presiding Officer: NPA
My words will be printed in the Official Report, so everybody will be aware of them. I take the issue seriously. If we allow the situation to continue, it wi...
Ms Margo MacDonald (Lothians) (SNP): SNP
On a point of order. Although I recognise your efforts to ensure that the chamber enjoys the status that it should, I suggest that there is a difference betw...
The Presiding Officer: NPA
Obviously, normal statements—whether by Government or Opposition parties—on issues that will be debated in Parliament are perfectly acceptable. What is not a...
Mr John Swinney (North Tayside) (SNP): SNP
On a point of order. It is important to reflect on some of the comments that you have made, Presiding Officer. I support fully what you have said about Gover...
The Presiding Officer: NPA
Let us not go back over yesterday afternoon. I think that I have said enough on the subject.
Phil Gallie (South of Scotland) (Con): Con
On a point of order. My point of order has a slightly different twist, in that I would like some clarification. Opposition spokesmen and, perhaps, Labour bac...
The Presiding Officer: NPA
Absolutely. Similarly, the Executive may, from time to time, indicate general lines of policy—I am not against that. However, I object to detailed pre-announ...
Roseanna Cunningham (Perth) (SNP): SNP
I hope that none of your comments affects matters that have appeared in party manifestos over a number of years, Presiding Officer. Today's subject for debat...
The Presiding Officer: NPA
I must be strict about time this morning because we have two short debates. Two amendments to the motion have been lodged. I call Iain Gray to move the first...
The Deputy Minister for Justice (Iain Gray): Lab
I welcome the opportunity to reply to motion S1M-1303, although as Roseanna Cunningham said, perhaps it is a little early for me to be doing so. However, I c...
Brian Adam (North-East Scotland) (SNP): SNP
Is it useful to pick up the example of Grampian police, whose officers enforce the law while accompanied by drugs workers? They can allow folk who may be inv...
Iain Gray: Lab
I agree. There is a range of ways in which to bring enforcement and treatment together. The main attraction of drugs courts is that they would achieve that.
Phil Gallie: Con
Just before Mr Adam's intervention—
The Presiding Officer: NPA
I am sorry, Mr Gallie—your microphone is not on. I have to ask you to repeat that. We are having technical problems.
Iain Gray: Lab
Is this the definition of cruel and inhumane punishment?
Phil Gallie: Con
Mr Gray's predecessor suggested that drugs courts would apply only to first offenders. Does the minister agree that that would be the way forward?
The Presiding Officer: NPA
I will give the minister some injury time.
Iain Gray: Lab
Although the microphones are not working, I see that the clock is.I will say something about the drugs courts model later. The key to drugs courts is that th...
Mrs Lyndsay McIntosh (Central Scotland) (Con): Con
I support the comments that you made earlier, Presiding Officer, and I welcome Iain Gray to his new post. The debate is a baptism of fire, if ever there was ...
Euan Robson (Roxburgh and Berwickshire) (LD): LD
It is good to participate again in a debate with the deputy leader of the SNP. I see that she has lost none of her zest since leaving some of us behind on th...
Roseanna Cunningham: SNP
That would not have happened in my day.
Euan Robson: LD
This is an important, if short, debate. I accept that the SNP included a commitment to drugs courts in its 1999 manifesto. The Liberal Democrats did not do s...
The Presiding Officer: NPA
We come now to the open part of the debate. I ask members to keep their speeches to four minutes so that we can fit everyone in.
Kay Ullrich (West of Scotland) (SNP): SNP
I welcome this debate, because I have worked in the criminal justice and drug abuse sectors.Almost 70 per cent of criminal offences in Scotland are committed...