Committee
Justice 2 Committee, 18 Apr 2006
18 Apr 2006 · S2 · Justice 2 Committee
Item of business
Police, Public Order and Criminal Justice (Scotland) Bill: Stage 2
Amendment 224 approaches drug addiction and drug offences from an entirely different direction from that taken previously. It is fair to say that this committee, the Justice 1 Committee and people throughout Scotland's criminal justice system are struck by the utter pointlessness of the system of sending to jail people who exhibit all the signs of an addiction to drugs. Those people commit crimes to feed their habit, are arrested, go to jail, come out of jail unchanged and do exactly the same thing. They enter a vicious circle.We fail because we fall into the trap of treating their behaviour rather than their addiction. Behind the amendment is the concept that treating the matter as a criminal justice issue rather than an addiction and health issue fails everyone—victims, taxpayers and offenders—and probably leaves every professional who is involved in the exercise tearing their hair out.The amendment would allow us to take stock and say that there is another way. It suggests that, when an assessor has established through a drugs assessment that an offender is drug dependent, the assessor should consider the best treatment and the best way forward for that offender and direct him towards treatment and rehabilitation rather than jail. That is the essence of the amendment.As the minister knows, the view is increasing in the world that it is pointless to have a system that clogs our courts with such cases. Given the huge cost, the disgraceful levels of reoffending that are a consequence of sending people with addiction to jail and the hopelessness of the current situation, the amendment seeks to take us in another direction—to treat the matter as a health and addiction issue and to treat people's behaviour, rather than put them in jail, which will not change things.I move amendment 224.
In the same item of business
The Convener (Mr David Davidson):
Con
I welcome everyone to the 10th meeting in 2006 of the Justice 2 Committee. We have already agreed to take agenda item 4 in private. I welcome the Deputy Mini...
Section 75—Testing of arrested persons for Class A drugs
The Convener:
Con
Amendment 217, in the name of the minister, is grouped with amendments 218, 223 and 228 to 230.
The Deputy Minister for Justice (Hugh Henry):
Lab
Amendment 217 is a minor drafting amendment to section 75 to ensure that there is consistency in the wording used in proposed new section 20A of the Criminal...
Amendment 217 agreed to.
Amendment 218 moved—Hugh Henry—and agreed to.
The Convener:
Con
Amendment 219, in the name of the minister, is grouped with amendments 220 and 221.
Hugh Henry:
Lab
Amendment 220 will amend the bill so that a sample that is taken for testing can be retained only for the purpose of taking criminal proceedings against a pe...
Amendment 219 agreed to.
Amendments 220 and 221 moved—Hugh Henry—and agreed to.
Section 75, as amended, agreed to.
Section 76—Assessment following positive test under section 20A of the 1995 Act
The Convener:
Con
Amendment 222, in the name of the minister, is grouped with amendments 225 to 227.
Hugh Henry:
Lab
Amendment 222 is a minor drafting amendment to remove section 76(1)(b) of the bill, which in effect duplicates proposed new section 20A(3)(c) of the 1995 act...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I am glad of that clarification, because the bill is unclear about whether a notice must be put in a person's hand.
Amendment 222 agreed to.
Amendment 223 moved—Hugh Henry—and agreed to.
Section 76, as amended, agreed to.
After section 76
The Convener:
Con
Amendment 224, in the name of Colin Fox, is in a group on its own.
Colin Fox (Lothians) (SSP):
SSP
Amendment 224 approaches drug addiction and drug offences from an entirely different direction from that taken previously. It is fair to say that this commit...
Hugh Henry:
Lab
I have a great deal of sympathy with what Colin Fox has said and I probably agree with the principles behind amendment 224, but there are practical issues to...
Colin Fox:
SSP
I am grateful to the minister for those remarks. I accept that there is a genuine commitment on the part of the minister and the Executive. We have examined ...
Amendment 224, by agreement, withdrawn.
Section 77 agreed to.
Section 78—Date, time and place of assessment
Amendments 225 to 227 moved—Hugh Henry—and agreed to.
Section 78, as amended, agreed to.
Section 79 agreed to.
Section 80—Samples submitted for further analysis