Executive Response
The first item on the agenda is the Executive's response to the points that we raised last week on the Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Drug Treatment and Testing Orders) 1999 (SSI 1999/191). We have received a response from the Lord President's office on the numerous matters that we raised.
We have been advised, however, that there are still matters that we might not be satisfied with. As the instrument will not go before a parliamentary committee, we can, if we so wish, return to the Lord President's office with our further concerns.
Perhaps we should seek further comment from the Lord President's office and ask for further consideration to be given to the matter, for the following reasons. On the testing requirement, section 234C(5) of the Criminal Procedure (Scotland) Act 1995 states that
"the testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided".
That provision is mandatory, whereas the Act of Adjournal states that the offender shall provide
"for the purpose of ascertaining whether he has any drug in his body such samples, of such description, at such times, in such circumstances, as the treatment provider may determine".
The Act of Adjournal does not refer to the specific requirements set out in the 1995 act.
Our legal advice includes a detailed exposition of why it is felt that the committee's original view is perhaps to be preferred and that the response possibly confuses treatment with testing. Our attention has been drawn to the possible importance of the matter, given that failure to comply with the drug treatment and testing orders carries a criminal sanction. The desire for clarity is therefore paramount.
For those reasons, perhaps the detailed arguments that we had the benefit of considering earlier might usefully be considered afresh by the Lord President's office.
Is it agreed that we note our on-going concern and that, in view of the fact that we are unable to take the matter elsewhere in the Parliament, we register our on-going worry that problems might be looming?
Members indicated agreement.