Government response
Conclusion / Recommendation
1
In view of the apparent rise in the availability
and consumption of cocaine and crack cocaine, data on seizures
and the use of cocaine and crack cocaine should be recorded separately,
so that trends in the use of each drug may be assessed more accurately
(Paragraph 50).
The Government has confirmed that the Police Service
of Northern Ireland already gather separate statistics on seizures
of cocaine and crack cocaine and therefore the differentiation
recommended by the Committee exists. In turn this means that trends
can be accurately assessed and in a timely manner.
Conclusion / Recommendation 2
During visits to police and Customs offices we
have been shown an astonishing variety of drug concealments—all
of which had been detected by officers through a mixture of intelligence,
persistence and intuition. Their continuing success in often difficult
circumstances is very much to their, and to the authorities credit
(Paragraph 63).
The Government notes and welcomes the comments of
the Committee recognising the work of these two enforcement agencies.
Conclusion / Recommendation 3
We have fears that organised criminals will use
the profits from the trade in ecstasy and cannabis to develop
a market in Northern Ireland for more highly addictive and damaging
drugs such as heroin and crack cocaine. This must not be allowed
to happen (Paragraph 70).
We agree that it is a concern that the profits made
from the trade in ecstasy and cannabis could be used to develop
other illegal activity, such as the drug trade itself. There is
some evidence to suggest that organised criminals are seeking
to expand the illegal drugs market in Northern Ireland, but intelligence
would indicate that the dealers continue to trade mainly in cannabis.
PSNI Drugs Squad will continue to devote considerable
resources to tackling that market to disrupt supply routes and
reduce the availability of cannabis but will also monitor closely
the trends in the market to ensure that class 'A' drugs such as
heroin and cocaine do not gain a foothold in Northern Ireland.
Conclusion / Recommendation 4
We have been concerned at certain discrepancies
of perception as to the availability of drugs which we have identified
between the views of officials in the Northern Ireland Office
and those of workers in community or health services who are in
closer contact with the drug-using community (Paragraph 71).
The Government monitors a range of information and
statistics from which it is able to gauge the availability of
drugs and trends in usage of drugs in Northern Ireland. Through
the co-ordination mechanisms introduced as part of the implementation
of the Northern Ireland Drug and Alcohol strategies, statistics
and other material are now made widely available across all agencies
and planning for new services is almost always conducted on an
inter-departmental, cross agency basis, using the most up to date
information.
The Committee uses two examples in support of their
recommendation. One relates to the price of ecstasy tablets, where
the police indicated they used a street price of £5-10 per
tablet, while the Probation Service indicated that ecstasy cost
around £1. In terms of the police, the price quoted is used
as an average to calculate the street value of seizures. It reflects
the average price over a period of time. However, the figure quoted
by the Probation Service is a snapshot of a specific location
at a specific time. The price of ecstasy at any given time, will
be governed by a number of factors, including supply and demand.
For example, if the police have been particularly successful in
disrupting supply line then the price will rise; at other times
when ecstasy is more plentiful, the price could fall. Therefore,
we believe that this range of factors could lead to a discrepancy
of perception as defined by the Committee.
The second example suggests there is disagreement
about the availability and use of cocaine and derivatives. In
terms of the availability of cocaine, all agencies are agreed
there has been a rise in the availability of this drug in Northern
Ireland, from a very low base. This is evidenced not only by an
increase in the number of seizures, but also in terms of the numbers
availing of services due to their addiction. Therefore, all those
involved in tackling drugs in Northern Ireland are taking action
to address this phenomenon.
The Government would acknowledge that in very recent
times there is some anecdotal evidence to suggest that crack cocaine
use, as an alternative to heroin is on the increase in Northern
Ireland. We are aware that statutory services in the Ballymena
area have experienced a small number of individuals coming to
their attention with specific problems.
However, the Government would maintain the position
that there is little evidence to suggest that the use of crack
cocaine has significantly grown. We base this on a number of factors,
including the intelligence material from the police and the level
and type of drug seizure. In addition we would have expected to
see increased appointments with the broad range of health services.
The Government is not complacent and will continually
seek ways to improve the range and scope of information that can
be made available to all agencies so that everyone has access
to accurate and up to date information.
Conclusion / Recommendation 5
A Government relying on historical data could
find itself massively unprepared to deal with the problems which
follow in the wake of drug use, whether increased crime or rapidly
spreading infection with HIV and Hepatitis B and C. We urge the
Government to review the role and weighting given to historical
data in the development and implementation of Northern Ireland's
drug policy (Paragraph 72).
The Government monitors the drug situation across
a range of measurements both historical and current. These include
:
- police figures on seizures
and arrests,
- quantitative and qualitative data from drug projects
- health service figures including data from the
Drug Misuse Database, Addicts Index, Needle Exchange Schemes,
Communicable Disease Surveillance Centre in Northern Ireland (who
publish a report which comments on levels of HIV, Hepatitis B
and C).
There are a number of monthly and quarterly bulletins
published by both the health and police services that provide
practitioners with the most up to date information on drugs and
drug use and these are invaluable in determining how services
should respond and react to emerging trends.
However historical data is also important. This can,
for example, help to show how the drug problem in Northern Ireland
is developing compared to other parts of the UK and elsewhere.
In turn, this can be used to predict the changes that may occur
in drug usage and to react to this before it happens.
To conclude the government recognises the merit of
this recommendation and has and continues to take steps to ensure
that both current and historical information is used in a positive
manner to inform current and future developments.
Conclusion / Recommendation 6
We have also discussed other issues in relation
to the supply of illegal drugs which it would be inappropriate
to place in the public domain. We intend to write to the Minister,
Jane Kennedy, MP, with recommendations on these issues. We shall
expect the Northern Ireland Office to consider them and respond
as if they had formed part of this report (Paragraph 73).
Jane Kennedy, MP, will write to the Committee separately
in response to these matters.
Conclusion / Recommendation 7
The need for further information on the links
between drugs and crime is recognised, and we welcome the proposal
by the Northern Ireland Office and the DHSSPS Drug and Alcohol
Information and Research Unit to carry out research in this area
(Paragraph 82).
The Government has made some further progress on
this proposal. Meetings to discuss the scope of this work and
access to the source data have taken place and will be agreed
prior to the tendering for this research work.
Conclusion / Recommendation 8
Further research is needed into the extent of
links between acquisitive crime and chronic use of cannabis or
other "recreational" drugs (Paragraph 83).
The Government will include this work within the
scope of the research specified in Conclusion / Recommendation
7.
Conclusion / Recommendation 9
We are pleased to note that the introduction of
time-delay safes in almost all community pharmacies, with funding
provided by DHSSPS and NIO, has been very successful in stemming
the spate of attacks on pharmacies. (Paragraph 89)
This has been a very successful initiative, the first
of its kind in the UK, and has attracted interest from Great Britain
where similar problems occur. There is no official data on armed
robberies on pharmacies but the evidence collected from various
sources indicated some 70 attempted robberies in the 6 months
prior to the introduction of the scheme. In the last 6 months
the Department can confirm that there have been no successful
armed thefts involving Controlled Drugs from Community Pharmacies.
Conclusion / Recommendation 10
Further research should be carried out to determine
the extent of misuse of prescription drugs in Northern Ireland,
and the measures needed to address the problem. (Paragraph 91)
The issue of the use and misuse of prescription drugs,
especially tranquillisers is one which the Government has recognised,
and included it as an issue to be addressed in its Drug and Alcohol
Regional Action Plan. However, resources have not yet been identified
to carry out the extensive research to assess the nature and scale
of the problem necessary before any future campaign could be developed.
Conclusion / Recommendation 11
We welcome the proposal outlined in the Government's
response to our interim report on cannabis, to give the PSNI new
powers to undertake tests of impairment on motorists suspected
of committing driving offences while under the influence of drugs
(Paragraph 92)
The Government recently consulted on a proposal to
provide the Police with the power to require motorists suspected
of being impaired due to drugs to undertake a test of their impairment.
The responses on this point were positive and we are now moving
forward on the issue. The Northern Ireland Office is working with
the Police Service of Northern Ireland and the Department of Environment
to deliver this new police power.
Conclusion / Recommendation 12
We support the suggestion that a great deal more
could still be done through utilising the expertise and experience
of pharmacists, to educate and promote awareness of various drugs
issues in the community. (Paragraph 104)
The initiatives to date on needle exchange and imminently
on substitute prescribing are demonstrative of the contribution
that pharmacists can make. Also the easy access to pharmacies
and public satisfaction with pharmaceutical services (Regional
Strategy Survey) make this an important locus of service and support.
We will continue to seek ways to build on this success.
Conclusion / Recommendation 13.
DHSSPS contended that the involvement of community
and voluntary representatives on the various working groups and
sub-groups constituted user representation. While these groups
may, for example, provide support, counselling or other services,
it is clear that drug users themselves do not have a direct input
to the planning of services. (Paragraph 106)
The Government acknowledges that the views and experiences
of users should be considered when developing services for them.
Drug users currently have some input to such discussions, particularly
in relation to the development of substitute prescribing services,
but the Government is aiming to widen such opportunities.
Conclusion / Recommendation 14
The Minister, Angela Smith MP, acknowledged that
it was unacceptable for the post of NDACT co-ordinator to have
remained vacant for so long, and blamed bureaucracy and confusion
over who employs co-ordinators for the delay. This situation must
not be allowed to happen again. (Paragraph 107)
The post of Drug and Alcohol Co-ordinator is central
to co-ordinating action across agencies and identifying local
needs and priorities. It is regrettable that the process of recruiting
a replacement Drug and Alcohol Co-ordinator for the Northern Drug
and Alcohol Co-ordination Team took so long but we are pleased
to state that the replacement Co-ordinator took up post on 27
October 2003.
Conclusion / Recommendation 15.
The regional Drug and Alcohol Strategy Co-ordinator
post is central to providing drive and momentum to the strategy,
as well as to ensuring its smooth running. We are pleased to learn
that a new co-ordinator has now been appointed. (Paragraph 108)
Even while the new Drug Strategy was being developed
in 1999, the need to ensure co-ordination across the various elements
of the Strategy was recognised, and when devolution was first
put in place and the responsibility for the Strategy moved to
the Department of Health, Social Services and Public Safety, the
post of Regional Co-ordinator was formulated and the original
post-holder began work in early 2001. The appointment of the replacement
co-ordinator in October 2003 provides a new opportunity to reaffirm
the Government's commitment to the continued successful implementation
of the Drug Strategy.
Conclusion / Recommendation 16
When we met a group of community and voluntary
sector representatives they expressed concern that the absence
of a devolved Assembly could make it more difficult for them to
fulfil their role and to have access to Ministers. The Minister,
Angela Smith MP, told us that a Whitehall Minister with responsibility
for several Departments will not have as much time available as
a local Minister, but that she was nonetheless committed to engaging
fully with the voluntary sector. We welcome this assurance. (Paragraph
109)
The Government is on record as stating their full
commitment to engaging with the voluntary and community sector.
One mechanism which is available to the community and voluntary
sector is through their membership of the Drug and Alcohol Implementation
Steering Group, which is currently chaired by Angela Smith, the
Minister for Health, Social Services and Public Safety. This group
meets regularly to co-ordinate action and review progress on the
NI Drug and Alcohol Campaign. However, notwithstanding that, members
of the Government and their officials are always willing to engage
in discussions with the community and voluntary sector.
Conclusion / Recommendation 17
The Steering Group needs to look at ways to ensure
that committed people at grass roots level can feel included in
the implementation of the drugs strategy and their contribution
valued. (Paragraph 110).
The Government is committed to the full participation
of all interested parties, at all levels, across all sectors both
in the development and implementation of the drug strategy. In
each of the four Drug and Alcohol Co-ordination Team areas, structures
and protocols exist which enable the involvement of those working
at grassroots level. Similar opportunities occur at the Regional
level through various mechanisms including regular briefing sessions
for the community and voluntary sector to report progress and
exchange views and information and also the membership criteria
for working groups.
Conclusion / Recommendation 18
A thorough evaluation of the drug and alcohol
strategy would provide valuable information on how effective it
has been to date in achieving its objectives as well as pointing
to any changes necessary in planning for the future. We welcome
the planned evaluation and urge the Minister to ensure that it
is thorough and independent and takes place without further delay.
(Paragraph 111)
The evaluation has been slightly delayed because
of the six-month period without a Regional Drug and Alcohol Strategy
Co-ordinator. However the evaluation will take place, and it will
be comprehensive and extensive, taking into account the various
elements involved—the Drugs and Alcohol Strategy, the Joint
Implementation Model and the Northern Ireland Drugs and Alcohol
campaign. Discussion has already begun on developing the Terms
of Reference for the evaluation to ensure that it is thorough,
and it is planned to use an independent 'expert' consultant. It
is intended to agree the Terms of Reference early in the New Year,
with the Review taking place during 2004, reporting back by the
end of the year.
Conclusion / Recommendation 19
We welcome the very positive approach to joint
working shown by the enforcement agencies in Northern Ireland
and the Republic of Ireland. We support the proposal of a joint
cross border threat assessment, and would encourage the Government
to consider how information exchanges between the jurisdictions
might be improved, so that available intelligence can be exploited
to the full (Paragraph 117).
The frequency of successful operations on both sides
of the border bears witness to the good working relationships
that already exist between the PSNI and An Garda Siochana. However
the Government recognises that organised crime is an international
problem and is committed to ensuring that the appropriate structures
are in place to maximise cross border capabilities.
Formal protocols to facilitate the exchange of information
specifically on the illicit drug trade have already been agreed
by the two police services. The development of a joint cross border
threat assessment and strategy to tackle and manage cross border
organised crime will further enhance that relationship.
Conclusion / Recommendation 20
We remain concerned that the Government is underestimating
the impact cannabis reclassification may have upon enforcement
activity along the routes of supply into Northern Ireland. Although
the PSNI have experienced major successes in targeting the cannabis
trade, they will continue to need support from external agencies
in blocking this source of income for Northern Ireland's organised
criminals and paramilitaries. We urge the Government to monitor
the situation very carefully in the months following reclassification
(Paragraph 120).
Given that cannabis is the primary drug of choice
in Northern Ireland and concern that the profits from trading
in this drug could fund both the importation of Class A drugs
and other organised crime/paramilitary activities, the Police
Service have assured the Government that they will continue to
investigate those engaged in the supply and distribution of cannabis
at all levels. PSNI statistics will reflect any impact of reclassification
in terms of seizures made, their illicit drug value, the number
of persons arrested and those charged or cautioned. The Drug Squad
will continue to assess and monitor all supply routes and will
be in a position to monitor any changes in this area. Should reclassification
lead to changes in supply routes, new operational strategies can
then be implemented to address these changes.
The Government views supplying and dealing in all
illegal drugs, including cannabis, very seriously and the introduction
of higher penalties for trafficking of cannabis reflects that.
The members of the Organised Crime Task Force Expert Group will
also continue to assist the police in their efforts to tackle
the illegal drug trade.
Conclusion / Recommendation 21
The tension which can arise where requests for
assistance fall outside, or run counter to, an organisation's
priorities could be resolved if co-operation was itself made an
objective for the major enforcement agencies. We recommend that
the Government explore this proposal with the members of the Organised
Crime Task Force, and other relevant organisations (Paragraph
121).
The Task Force has set itself a number of objectives
including developing co-operation and co-ordination between law
enforcement and other operational agencies in planning and conducting
operations. Progress towards this objective is reviewed within
the OCTF Co-ordination and Strategy Sub Group, which monitors
the success of the Task Force against its objectives through a
series of impact and activity indicators. It includes representatives
from National Criminal Intelligence Service, Her Majesty's Customs
and Excise, Police Service of Northern Ireland, Assets Recovery
Agency, Inland Revenue and Northern Ireland Office. The Sub Group
has agreed to explore with the partner agencies how co-operation
can be improved further.
Conclusion / Recommendation 22
Any steps which can be taken to release skilled
police officers for front line policing are welcome. Acknowledging
the potential value of more effective enforcement, we believe
that the Drugs Squad is a suitable candidate for additional human
resources (Paragraph 122).
The Government is committed to ensuring the Police
Service of Northern Ireland has resources to provide an efficient
and effective police service, and will continue to look to the
Chief Constable for advice on policing requirements. Deployment
of police officers is, however, an operational matter and is solely
for the Chief Constable. The Police Service Workforce Plan, launched
at the end of 2002, addresses a number of key issues—such
as sickness management—where changes and improvements have
the potential to make a significant contribution to better policing.
The Police (NI) Act 2003 addresses the concerns that surround
police numbers and strengthens policing by providing for the designation
of civilian support staff, including contracted-out staff, as
Investigating Officers, Escort Officers and Detention Officers,
thereby freeing up more officers for frontline policing.
Conclusion / Recommendation 23
We have been reminded repeatedly that Customs'
primary role is to safeguard the revenue and interests of HM Treasury.
We urge the Treasury therefore to consider the benefits which
would accrue from enhancing and expanding the technology available
to HMCE to assist in the detection of concealed and illicit shipments
(Paragraph 123).
Customs and Excise fulfils a number of roles at the
border covering both fiscal and non-fiscal responsibilities. One
of its key Public Service Agreement objectives relates to reducing
the supply of Class A drug into the UK. Customs is making increased
use of technology throughout the United Kingdom, such as x-ray
scanners and ION scan equipment. These are deployed to have optimum
impact, based on intelligence profiles. Customs is also in the
process of taking responsibility for the operation of new radiological
detection equipment at frontier locations.
Conclusions / Recommendations 24-26
We welcome the effectiveness of the assets recovery
powers provided by the Proceeds of Crime Act 2002 and we commend
the energy and commitment demonstrated by the staff of the new
Assets Recovery Agency in its first months of operation (Paragraph
125).
The Assets Recovery Agency should be a crucial,
and powerful, tool in the Government's efforts to disrupt and
dismantle organised crime in Northern Ireland. Its early progress
has the potential to make or break its reputation as an authority
to be feared by the criminal fraternity. We urge the Government
to continue in dialogue with the Agency and to consider very carefully
any further requests for resources—whether for trained staff,
additional or amended powers, or other provision—which would
support the Agency's work (Paragraph 127).
Continued community support for the assets recovery
process can best be served if the community sees actual benefit
from it. Yet under the changes announced by the Home Office to
the distribution of recovered assets, Northern Ireland's enforcement
agencies will see only a limited return for their efforts, and
Northern Ireland's communities nothing at all. The Home Office
previously acted in good faith by establishing an Assistant Directorship
for the Assets recovery Agency in Northern Ireland, and we welcomed
that move. But by restricting Northern Ireland's access to the
recovered assets in the new funds it is failing to follow through
the assets recovery process to its logical end—converting
criminal gains into positive outcomes for Northern Ireland's communities.
Many of these communities are in real need and would, by such
action, see some point in joining the fight against organised
crime. This action by the Home Office is therefore unacceptable
and directly counter-productive. There is too much at stake in
terms of restoring a stable society and economy, and rooting out
serious and organised criminality in Northern Ireland. The Minister
must take steps as a matter of urgency to ensure that the assets
recovery process in Northern Ireland is not compromised by the
Home Office's decision, and that Northern Ireland has the same
rights to access recovered assets as England and Wales (Paragraphs
131-133).
The Northern Ireland branch of the Assets Recovery
Agency was established in February of this year only and its staff
is, indeed, to be congratulated for progressing matters so quickly
and for fully utilizing the powers at their disposal. The Agency
has already impacted on organised criminals in Northern Ireland.
The Government recognises the important contribution
which the Assets Recovery Agency can make to the reduction of
crime and the delivery of justice by recovering the proceeds of
crime and disrupting organised crime groups. The Agency's budget
is set to increase from £13 million this year to £15.5
million in 2004-05, a 19.2% increase. The Home Office is at present
considering proposals from the Agency on additional and amended
powers.
The Agency is a significant asset and we are confident
that it will play a full role as part of the Organised Crime Task
Force in confronting the activities or organised crime networks
in Northern Ireland.
We agree that Northern Ireland should benefit from
the fund of recovered assets and Northern Ireland Office officials
have recently submitted a bid to the Recovered Assets Incentivisation
Fund (RAIF) which is currently under consideration. This will
help to develop an improved approach to the confiscation and recovery
of assets with the Department of the Director of Public Prosecutions.
The desired outcome would be to increase the use of the powers
conferred by the Proceeds of Crime Act against local and level
2 criminals who operate in Northern Ireland.
The NIO is a member of the Concerted Inter-Agency
Criminal Finances Action Group (CICFA), and the Home Office Assets
Recovery Committee (ARC) which develops and recommends, respectively,
to the Home Secretary proposals for funding from the RAIF.
Under changes agreed by the Treasury and Home Office,
no mechanism currently exists by which money received through
the recovery of assets can be distributed to Northern Ireland
communities. However, NIO recognise the concerns expressed by
the Committee and will take this matter up with the Home Office.
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