Conclusion / Recommendation 27
Port authorities are private companies and are
not in this respect subject to Government control. Nonetheless
it would be in their interests, as well as the Government's, to
resolve any difficulty which damages co-operation on security-related
matters. One alternative to the existing case-by-case freight
detention charges might be for the port authority to spread the
total annual cost of freight detention across all port users as
a minimal standing charge. We urge the Minister to discuss solutions
to the problem with the port authorities as soon as possible (Paragraph
137).
The Government has no locus in this area. There are
a number of charges relating to both the detention and examination
of goods and in general terms these costs are borne by the importer
or agent who may decide to pass the additional costs to the customer.
How these costs are met is a commercial arrangement and is a matter
entirely between the importer and the relevant port authority.
Conclusion / Recommendation 28
We welcome the success of the experimental Drug
Arrest Referral Schemes established in Northern Ireland and hope
this approach will be consolidated and extended to other areas
with significant drug-using communities, such as South Belfast.
The potential benefit of extending the remit of such schemes to
include those arrested for alcohol-related offences should be
explored (Paragraph 145).
The Government welcomes the Committee's acknowledgement
of the success of the drug arrest referral scheme in Londonderry.
A similar scheme was started in Ballymena in the summer of 2003
and we look forward to evaluating the impact of that scheme. While
the Government accepts in principle the need for drug arrest referrals
schemes to be expanded to other parts of Northern Ireland, it
will be important to establish the overall impact of the Ballymena
scheme in tackling drug related crime before making further investments.
The Government also agrees in principle that such
schemes should be expanded to include persons arrested for alcohol
related offences, but it does draw a specific distinction between
the two. Schemes that address the problems of those addicted to
drugs have the potential to make a considerable impact on crime
in that there is a definitive link between acquisitive crime and
addiction to drugs. The link between alcohol and acquisitive crime
is not so clear (clearly there is a close relationship between
excessive consumption of alcohol and assaults) though Government
is committed to undertaking research into this area. Once the
results of that research are known, then further consideration
can be given to the Committee's recommendation.
Conclusion / Recommendation 29
We are very concerned that the DARS scheme and,
as we understand it, a number of others may be put in jeopardy
through a lack of financial commitment. We urge the Minister to
provide stable funding for DARS and to make decisions on any other
outstanding projects as quickly as possible (Paragraph 146).
The Government would reject any supposition there
is a lack of financial commitment to tackling drug problems in
Northern Ireland. Many millions of pounds have been ear-marked
for that purpose and significant investments will continue to
be made subject to the scope of overall spending allocations and
other priorities.
However, five criminal justice projects do have a
funding deficit from March 2004 onwards. Government is currently
in discussion with the lead statutory partner for each project
with a view to ensuring that the deficit can be bridged, subject
to preliminary evaluations indicating that each project is directly
contributing to the overall aims of the Northern Ireland Drug
Strategy.
Conclusion / Recommendation 30
We believe that investment in the resources necessary
to extend the existing supervised licence scheme to sentences
of 12 months or more would provide value for money by reducing
the risk of ex-prisoners relapsing into problem drug or alcohol
misuse, with its health risks and social costs. The Government
should discuss the feasibility of the proposal with the prison
and probation services, with a view to implementing an extension
at the earliest opportunity (Paragraph 160).
The Review of the Criminal Justice System in Northern
Ireland (March 2000) recommended that the current sentencing framework
for adults be reviewed. This has now been completed and in 2004
the Government will produce proposals for consultation, which
will invite comments on a wide range of issues including supervision
post release.
Conclusion / Recommendation 31
All of the evidence indicates that tremendous
progress has been made in encouraging and enabling organisations
from different sectors to work together. But if organisations
are, or believe themselves to be, unable to act consistently in
the interests of their client there is still work to be done.
The Minister should work with the statutory sector and voluntary
agencies to develop protocols and other mechanisms enabling action
in cases where statutory responsibility is divided between different
services (Paragraph 162).
The Government welcomes the Committee's conclusion
that much good work is being done by organisations from different
sectors working together. For example, in the drugs arrest referral
scheme in Londonderry, the NIO, Foyle Health Trust, the PSNI and
local voluntary agencies are working very closely to deliver a
project for the benefit of the client; without co-operation from
all sectors this project would simply not work. Appropriate protocols
have been drawn up where it has been necessary to do this; for
example to ensure that confidentiality can be maintained between
the drugs workers and their clients while still in police custody,
but this has aided rather than hindered the overall work.
The Criminal Justice Working Group on Drugs and Alcohol
has a key role to play in ensuring all the organisations within
the Criminal Justice system work together and to represent their
interests with other sectors (such as health) to ensure there
are no barriers to co-operative working. This work will continue,
and every effort will be made to ensure that appropriate frameworks,
where organisations with different remits can work together effectively
and efficiently, will be put in place. It would have also been
expected that real problems in terms of inter-agency working would
have surfaced at the Drug and Alcohol and Implementation Steering
Group, but to date they have not.
Conclusion / Recommendation 32
We can see benefits in making available to Northern
Ireland provisions which would, as in England and Wales, make
the granting of bail exceptional in serious cases, including murder,
attempted murder and rape. We would like to see drug trafficking
added to the list of cases covered by this provision. Similarly,
we can see potential value in Northern Ireland of provisions which
would require the court to give reasons for granting bail when
representations have been made against it. The Government should
consider these suggestions as part of a full consultation on the
operation of bail in Northern Ireland, with a view to making further
statutory provision at an early stage (Paragraph 166).
The Government recognises that bail is an important
issue within the criminal justice system. We have been working
closely with all criminal justice agencies and have already been
reviewing law and operation of the bail process. Part of these
considerations has been to identify legislation and procedures
available in England and Wales which might be appropriate in Northern
Ireland.
Subject to what emerges in the follow up action to
the review (and to Parliamentary timetables) any pressing legislative
requirements will be brought forward and consulted upon as early
as possible.
Conclusion / Recommendation 33
We believe that both the options of a drug court
and a drug briefing programme for magistrates merit further exploration,
jointly by the Northern Ireland Office and the departments of
the Northern Ireland Executive ( Paragraph 171 ).
The Government agrees that the option of a drug court
merits further exploration. Indeed, the Criminal Justice Working
Group's Action Plan for this year 2003/04 set such an exploration
as a definitive objective. In pursuit of this, members of the
Group visited the Glasgow drugs court and we asked Judge David
Smyth, who has undertaken extensive research into, and visited
such courts all over the world, to present his views to the Group.
The Group considered the presentations carefully.
It took into account that Northern Ireland does not currently
have the same level of problems with Class A drugs as other parts
of the UK, and that no clear conclusions have been drawn from
the experience of these courts elsewhere in the country. For example
the drug courts in both Glasgow and Dublin are pilots and the
pilot period is not completed.
The Group therefore unanimously concluded that, at
this time, no recommendation should be made to introduce drug
courts to Northern Ireland. However, it was also agreed that the
issue should remain on the Group's agenda; that it should carefully
look at, and consider any published independent evaluations that
emerged on drug courts in other parts of the UK and in Republic
of Ireland.
Should these evaluations conclude that drug courts
are an effective tool in tackling drug problems or the circumstances
in Northern Ireland change in relation to class A drugs, then
appropriate action, in consultation with appropriate parties and
agencies, can be taken, to consider the implementation of similar
schemes here.
With regard to the drug briefing programme for magistrates,
the Judicial Studies Board for Northern Ireland has been invited
to include such a briefing in its annual training programme.
Conclusion / Recommendation 34
We believe that there would be advantages in making
Drug Treatment and Testing Orders available as an option for use
in Northern Ireland. The Government should take whatever further
steps are necessary to activate Article 8 of the Criminal Justice
Order 1998 and to agree the necessary protocols with the court
service and other agencies (Paragraph 172).
The Government has recognised that Drug Treatment
and Testing Orders (DDTOs) could be a useful tool in tackling
drug related crime IN Northern Ireland. The Criminal Justice Working
Group on Drugs and Alcohol's work-plan, identified the need for
further exploration in this area.
We have recently been aided in this consideration
by the publication of Home Office research into the impact of
DTTOs on offending. This research shows that from a sample of
174 DTTO offenders, 80% were re-convicted within 2 years. This
remains a matter for concern. However, it is clear that those
who remain on the Orders do better than those whose Orders are
revoked. The best results were encountered where those who were
placed on Orders did not encounter long waiting lists before receiving
appropriate treatment.
In view of this, the Government is committed in principle,
to re-examine whether DTTOs could be effectively used in Northern
Ireland to tackle drug related crime and to identify what administrative
and implementation systems need to be put in place to ensure that
some of the problems and issues raised in other parts of the UK
are not replicated here (in addition to taking steps to extend
the relevant legislation to Northern Ireland). The introduction
of such Orders needs to be carefully planned and appropriate resources
need to be secured to ensure the successful implementation of
such Orders.
Conclusion / Recommendation 35
In developing protocols for the use of DTTOs in
Northern Ireland, the Government should design a range of sanctions
for lapses in compliance which enable the difficulty faced by
the offender in meeting the order's demands to be taken into account
(Paragraph 173).
There is a balance to be struck between ensuring
that Orders are effective in terms of helping and persuading offenders
to move away from their drug habits and their effectiveness as
a sanction. Offenders must not see DTTOs as an "easy option",
especially as in many instances they are used as an alternative
to awarding a custodial sentence.
We have taken special cognisance of a line in the
recent Home Office research on DTTOs which said;
"It is important that when conditions of
Orders are broken, standards of enforcement are applied that maximise
the chances of retention."
This seems a sensible way forward; we are mindful
that the research also concludes that better results are found
when offenders complete their Orders. Clearly there is little
point in removing an offender from an Order where the individual
has through no fault of their own, found it difficult to obtain
appropriate treatment, or treatment at an early stage.
Therefore, the Government would seek to ensure that
protocols are designed and implemented by and with the appropriate
enforcement body around the action that should be taken when an
Order is breached. This is of course, dependent on the outcome
of the Government's deliberations into Recommendation 34 and any
decision about whether or not to extend DTTOs to Northern Ireland.
Conclusion / Recommendation 36
We commend the work of community and outreach
workers who provide a vital service to people with drug addiction
problems at grass roots level, many of whom may not otherwise
be in contact with any services. (Paragraph 181).
The Government welcomes the recognition by the Committee
of the vital role which outreach and community workers can play.
In support of this, the Drug and Alcohol Campaign funds a number
of projects which have outreach elements and work with both young
people and adults
Conclusion / Recommendation 37
Although we appreciate the need for security,
particularly in view of the prevalence of attacks on pharmacies,
a balance needs to be found between the need for measures to deter
attacks and the need to provide a discreet and confidential environment
for needle exchange. (Paragraph 185)
The siting and installation of CCTV cameras is a
sensitive issue, although our understanding is that their positioning
is determined only by the need to address staff safety and business
security issues. Earlier this year we carried out a client survey
to try to identify areas for improvement. Unfortunately, only
44 questionnaires were returned. However, the consensus of opinion
was that the users were satisfied with the current system and
the fact that the use of the scheme continues to grow is indicative
of its value and the confidence it espouses. We will, however,
continue to monitor the situation.
Conclusion / Recommendation 38
In Ballymena we were shocked to learn that individuals
seeking to conduct needle exchange transactions in private had
to resort to hiding behind the pharmacy sunglasses rack. (Paragraph
186)
The Government has worked closely with Pharmacists
to set up and deliver a quality service. Funding was made available
to adapt pharmacy premises to provide needle exchange services.
Most pharmacies are not designed to have a consultation area and
in spite of this every effort is made to protect an individual's
privacy and dignity, not to mark them out as being different or
having an unacceptable problem.
We will continue to monitor and evaluate the scheme
in conjunction with any proposed changes to the role of the community
pharmacist within the wider Health and Personal Social Services
field. We will consider ways of developing and making the Needle
and Syringe Exchange scheme more accessible.
Conclusion / Recommendation 39
The development of a comprehensive and effective
exchange scheme for needles and other paraphernalia is a crucial
element in discouraging a culture of sharing among drug users,
particularly very young users, and thereby helping to reduce the
level of Hepatitis C and other blood-borne viruses in the community.
We urge the Minister in her review of the current needle exchange
service to ensure that it is made as accessible as possible to
all injecting drug users and that it is provided in a discreet
and confidential environment. The scheme must not be limited to
community pharmacies and the aim must be to discourage high-risk
behaviour amongst injecting drug users and provide a gateway to
other support and treatment services. (Paragraph 191)
The Government recognises the importance of promoting
and supporting the non-sharing of needles and paraphernalia among
injecting drug users. The Needle and Syringe Exchange Scheme is
carefully monitored and reviewed, both as a service and as a process,
and the efficacy of extending the service beyond community pharmacies
is part of this review process.
Conclusion / Recommendation 40
It would appear that the Hepatitis C strategy
had been planned for issue by early summer 2002 and we are concerned
that the spread of the SARS virus, which did not appear until
early 2003, may be used as an excuse for a lack of action. We
urge the Minister to explore more fully the reasons for the unacceptable
delay in developing the strategy and to take steps to ensure that
it is produced and implemented as a matter of urgency. (Paragraph
197)
The Government acknowledges the delay in the development
of the Hepatitis C Strategy but this was due to the unique pressure
brought on by the SARS issue together with a shortage of key specialist
staff. However the intention is to have the Strategy developed
in the New Year, together with the production and dissemination
of an information leaflet for the general public and a fact sheet
for professionals.
Conclusion / Recommendation 41
Northern Ireland has been in the unique position
of having advance warning of an impending injecting drug problem.
While substitute prescribing is not an appropriate form of treatment
for every injecting drug user we were very concerned to find that
action has not been taken much earlier to plan and introduce this
service. We urge the Minister to ensure that an equitable and
structured substitute prescribing scheme, with appropriate training,
as well as financial and other resources, is put in place across
Northern Ireland as a matter of urgency for all appropriate clients.
(Paragraph 208)
Substitute Prescribing services are being developed
and rolled out across Northern Ireland in a structured, accessible,
equitable and open manner. Resources have been made available
to the four Health and Social Services Boards and interim services
have been available in all Board areas since September 2003. The
scheme should be implemented fully by 1 April 2004.
Issues such as the development of a regional protocol,
training and evaluation and monitoring are being taken forward
in consultation with key stakeholders including service users.
The scheme should be implemented fully by 1 April 2004.
Conclusion / Recommendation 42.
We are concerned at the absence of a comprehensive
range of drug treatment services in Northern Ireland. We urge
the Minister to ensure that a proper balance of in-patient and
community services, with appropriately trained specialist staff,
is developed as a matter of urgency. (Paragraph 211)
The range of drug treatment services currently available
across Northern Ireland is reflective of both historical and current
need as assessed by the Health Boards and the Department of Health,
Social Services and Public Safety. A recent audit noted that "each
(Board) service had developed to meet the needs of its local population"
and that "all Board based services provide or have access
to inpatient treatment beds and a community based …. treatment
addiction service for 18 year-olds and above."
The Government recognises that some drug treatment
services are still being developed, but such services do typically
evolve to meet changing needs, circumstances and trends. For instance
the particular needs of young problem drug users is recognised
and additional funding has been made available to Community Addiction
Teams to address this issue and further needs analysis is currently
taking place. In addition the Government is also aware that there
are current difficulties in attracting 'appropriately trained
specialist staff' into the service in Northern Ireland (there
are currently a number of funded posts which have not been filled
due to an absence of suitably qualified staff). This is not a
problem unique to Northern Ireland.
Conclusion / Recommendation 43
The effectiveness of a residential rehabilitation
centre or therapeutic community in helping clients confront drug
addiction problems is well established and there are clearly a
number of people in Northern Ireland who can benefit from this
treatment. The Minister should undertake urgent research to establish
the level of need and to make appropriate arrangements for the
provision of this service. (Paragraph 218)
While the majority of drug rehabilitation can and
does take place in the community, the Government acknowledges
that for a small number of users the approach of a residential
rehabilitation centre/therapeutic community can be effective (but
only with appropriate referral/selection criteria). The need to
research this issue, in order to better assess the level of need
and demand for such a service was highlighted as part of the Drug
and Alcohol Regional Action Plan. There has been some slippage
to the timetable, which is dependent on other research projects
being completed, but it remains a priority.
Conclusion / Recommendation 44
We note and encourage the research currently planned
by DHSSPS into the service needs of young vulnerable groups. The
Minister should ensure that the specific needs of women, and young
people under 18 years, with drug addiction problems are addressed
in her evaluation of the drug strategy. In particular, childcare
facilities need to be available to enable parents with drug addiction
problems to access services. (Paragraph 223)
The initial stage of research into the treatment
needs of young people is well under way and is due to report in
Spring 2004. We expect the findings to identify other areas for
further research. It is expected that the consultation, which
will form an integral part of the review, will also highlight
those areas identified above by the Committee.
Conclusion / Recommendation 45
We urge the Minister to consider what more can
be done to make drug education and prevention programmes a higher
priority within primary schools in view of the younger age at
which children are experimenting with solvents and illegal drugs
(Paragraph 227).
The Department of Education is committed to enhancing
the status of Health Education within a revised curriculum. Guidelines
for Personal Development are being proposed at both primary and
post-primary key stages and these will recommend that drug education
should be delivered through a co-ordinated and planned Personal
Education programme. A small pilot of a Personal Development Programme,
which includes drugs education, is currently being undertaken
in primary schools. The intention is to develop this further into
Key Stages 3 and 4 in line with the revised guidance materials.
Conclusion / Recommendation 46.
We urge the Minister to consider how a more comprehensive
response can be developed to the issue of young people in schools
who become involved in drug use. We believe that it should not
be a matter for schools alone to provide sanctions or counselling.
The provision of appropriate support services at this stage could
help to prevent more severe drug addiction problems later (Paragraph
228).
The Council for the Curriculum, Examinations and
Assessment (CCEA) has prepared revised guidance for schools, including
advice on the handling of drug-related incidents on school premises.
The Guidance, which will issue to schools early in 2004, suggests
the development of partnerships between schools, Community and
School Involvement Officers (CSIOs) and other appropriate agencies.
A more co-ordinated response can be made with the involvement
of the young person and their parents in drawing up an action
plan to address the problem.
Conclusion / Recommendation 47
This Committee warned of the growth of Northern
Ireland's drug culture eight years ago. While a great deal has
been achieved since in the collaborative development of an overarching
anti-drugs strategy, as yet the actual provision of resources
and facilities for those working on the front line in enforcement,
prevention, treatment and rehabilitation has been too slow. Although
we commend the commitment, ingenuity and hard work of many—including
community and voluntary workers, health practitioners, police,
customs and prison officers—in tackling the problems associated
with the drugs trade, we also believe that it is necessary to
impress upon officials once again the importance of getting the
strategy right, in practice as well as in theory. The drug traffickers
will not wait for these facilities to be put in place before they
increase the availability of cocaine, crack and heroin: indeed,
it seems they are already doing so. There is an urgent need for
the Government to be pro-active in minimising the risk to individuals
and communities, whether by increased activity against drug traffickers,
or by protecting communities from drug-related crime, and individual
drug users from the threat of blood-borne viruses. Probably the
single most important lesson we learned from our visits to other
jurisdictions was the importance of having facilities in place
before the problem of drug use reaches critical mass. If that
does not happen the suffering of individuals, families and communities
will be great, and the task for Government in picking up the pieces
will be far harder (and more expensive) than a pre-emptive strategy
of the type we advocate. One of our witnesses suggested to us
that Northern Ireland has three years to get its drugs strategy
right. This warning must be taken seriously. (Paragraphs 229-231)
The Government well recalls the warning about the
growth of Northern Ireland's drug culture expressed by the Select
Committee in 1996, and it is an issue which has been taken seriously
since then, as the current Drug and Alcohol Implementation Model
bears testament to.
Over the last three years the Government has sought
to ensure that a comprehensive and co-ordinated approach to tackling
the drug situation should take place. A key feature and tenet
of that approach has been making available resources and support
at a number of levels, both regional and local, and across a wide
range of sectors, including enforcement, prevention and treatment.
This has involved, since 1999 to date, the development of over
300 projects, initiatives and activities, together with the development
of a carefully co-ordinated implementation model to ensure that
there is a consistency of messages and a lack of duplication and
replication of effort and resources.
The Government remains aware of the potential risks
associated with Class A drugs, particularly cocaine, crack cocaine
and heroin. It is constantly monitoring the supply side in respect
of these drugs, and recent years have seen an increase in facilities
and schemes to address the increase in heroin use. Similarly the
cocaine situation is being looked at carefully, and the Government
funded a recent seminar for health, education and criminal justice
professionals that addressed the issue of cocaine use in Northern
Ireland.
This last point does remind us that the drug situation
is one which evolves and changes, with new trends emerging and
innovative approaches being promoted. The current Joint Implementation
Model is designed to be flexible in order to meet current needs
and also to be able to address future developments.
However the Government is not complacent about the
issue, and will ensure that the comments and conclusions contained
in this Report will help guide the development of the Review mentioned
previously.
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