Select Committee on European Scrutiny Eleventh Report


14 Drugs Action Plan 2005-08

(26382)

6464/05

COM(05) 45

+ ADD 1

Commission Communication on an EU Drugs Action Plan (2005-08)


Annex: Impact Assessment of the Action Plan

Legal base
Document originated14 February 2005
Deposited in Parliament22 February 2005
DepartmentHome Office
Basis of considerationEM of 9 March 2005
Previous Committee ReportNone; but see (26153) 15074/04: HC 38-i (2004-05), para 31 (1 December 2004)
To be discussed in CouncilJune 2005
Committee's assessmentPolitically important
Committee's decisionCleared, but further information requested

Background

14.1 In preparation for the expiry of the EU Drugs Strategy 2000-04, in autumn last year the Commission presented a Drugs Strategy for 2005-12. We cleared the document in December.[47] The European Council adopted the Strategy at its meeting later that month.[48]

The document

14.2 The document is the Commission's first draft of a Drugs Action Plan for 2005-08. It proposes specific actions to give effect to the Drugs Strategy. (An Action Plan for 2009-12 will be prepared nearer the time.)

14.3 The Annex to the document (ADD 1) contains the Commission's assessment of the options available to achieve the objectives of reducing the prevalence of drug use in the EU and reducing the social harm and damage to health caused by the use of drugs. The options assessed were: leave action exclusively to Member States; renew the Action Plan for 2000-04 for another five years; present a new Action Plan based on the Drugs Strategy for 2005-12; or propose a new EU policy on drugs. The Annex concludes that the third option — a new Action Plan for 2005-08 — is to be preferred and gives reasons for the conclusion.

14.4 The draft Action Plan proposes action under the following five headings, which correspond with the headings of the Drugs Strategy:

  • coordination;
  • reduction of demand;
  • supply reduction;
  • international cooperation; and
  • information, research and evaluation.

14.5 The draft proposes 45 specific actions. In accordance with the Drugs Strategy, the draft Action Plan specifies not only the aim and action proposed but also the timetable for the work, who is to be responsible for it (for example, the Member States, the European Centre for Monitoring Drugs and Drug Addiction, or Europol), and how performance of the action is to be measured. For instance, item 19 of the draft Plan proposes :

  • aim — targeting money laundering in relation to drug crime;
  • action — to implement joint operational projects;
  • timetable for action — on-going;
  • responsibility for the action — the Member States, Europol and Eurojust; and
  • measure of performance — the number of projects initiated or completed; and drug-related cash flows detected and disrupted.

The Government's view

14.6 The Parliamentary Under-Secretary of State at the Home Office (Caroline Flint) tells us that Member States have been asked to make written comments on the draft Action Plan before it is discussed in a working group. She says that the Government broadly welcomes the document, which should provide a good starting point for further negotiation.

14.7 The Minister says that:

    "we believe it is very important to set out comprehensively the actions we want to see completed, clear deadlines for doing so, those responsible for seeing actions through, the outcomes we want to see, as well as proper mechanisms for evaluating the results. The document should make these actions and deadlines very specific and, where possible, set them within a structured cycle of delivery and review. The Plan must act as a clear guide in setting the agendas for forthcoming Presidencies."

14.8 The Minister tells us that the Government wants to see more flexible use made of EU working structures by using the Action Plan to apportion responsibility to specific working groups. She adds that:

    "In particular, the Government will argue that the plan should bring the function of the Horizontal Drugs Group into much clearer focus, giving it the role of delivering the Action Plan."

14.9 The Presidency expects the Action Plan to be presented for agreement at the June meeting of the Justice and Home Affairs Council.

Conclusion

14.10 We welcomed the pragmatic and results-oriented approach of the Drugs Strategy for 2005-12. In our view, the draft Action Plan for 2005-08 reflects this approach and the substance of the proposed actions is consistent with the Strategy. We recognise that the document is a first draft and we expect, therefore, that it will be amended and improved before a text is ready for consideration by the Council in June. We share the Minister's view about the importance of clear specification of aims, actions, timescales, responsibilities and mechanisms for evaluating results. So we hope, for example, that the specification of item 19 (money laundering in relation to drug crime) will be improved: the number of projects initiated or completed appears to us to be a measure of activity rather than of the achievement of the aim.

14.11 When we considered the Drugs Strategy in December, we noted that it called for consistent national policies on the prosecution of drug-related crime. We asked the Minister how this might affect prosecution discretion. She assured us that the discretion of the UK's courts would not be affected. Nevertheless, we are glad to see that the first draft of the Action plan contains no reference to national prosecution policies.

14.12 There are no questions we need put to the Minister about the draft Plan. We should be grateful, however, if she would provide us with a copy of the Government's comments on the draft when they are sent to the Commission. We expect a revised text of the Plan to be prepared for submission to the Council in June and we are content to clear the current draft from scrutiny.


47   See headnote. Back

48   Conclusion 37 of the European Council meeting on 16/17 December 2004. Back


 
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