Chamber and committees

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:The answer given to question S1W-2006 was given in error shortly after the opening of Kilmarnock and prior to the establishment of arrangements under which the release of information on the company's inputs are the responsibility of KPSL. On 22 May 2002, Elaine Bailey (Managing Director PPG) gave evidence to the Justice 1 Committee and she described turnover at HM Prison Kilmarnock to be 11%.

In my statement accompanying the Home Secretary's announcement on 10 July 2002 that cannabis is to be reclassified from Class B to Class C in terms of the Misuse of Drugs Act 1971, I made clear that those who traffic in cannabis in Scotland should be in no doubt that they still run the risks of heavy fines or imprisonment. Those who are found in possession of cannabis will continue to be treated in the same way. All prosecutions in Scotland are of course at the instance of the Procurator Fiscal.The Scottish Police Service will continue to report alleged offences in respect of the Misuse of Drugs Act 1971 to the Procurator Fiscal. However, Procurators Fiscal are not obliged to prosecute such cases and a variety of disposals is available. On the basis that procedures in Scotland will continue to operate largely as at present, no new guidance to the police is currently planned.

The specific advice given to procurators fiscal with regard to the prosecution of such persons is confidential. The disclosure of such detailed guidance would be of assistance to those contemplating or involved in criminal actions.Cases involving the possession of cannabis will continue to be reported to procurators fiscal by the police. Procurators fiscal are not obliged to prosecute such persons and a variety of disposals are available.The relevant guidance has not been changed but will be kept under continuous review.

No. The SDEA was established to drive and co-ordinate an enhanced multi-agency response to the threat from drug trafficking and other forms of serious and organised crime in Scotland. That threat still exists, particularly from Class A drugs, and for so long as it does the SDEA will continue to have a vital role.

While it is possible that the reclassification of cannabis will result in some redirection of resources, no estimates have been made of the impact on the different elements in the criminal justice system. The Executive and the criminal justice agencies in Scotland will continue to devote substantial effort and resources to tackling all aspects of drug misuse which cause harm to individuals and communities.

I have asked Tony Cameron, chief executive of the Scottish Prison Service to respond. His response is as follows:(a) An initial period of two years 11 months.(b) An initial period of two years five months.

The classification of drugs is a reserved matter. The Scottish Executive was informed by Her Majesty's Government of the proposal to reclassify cannabis and the consequences highlighted were fully considered. The Home Secretary's decision was based, in part, on a recommendation by the Advisory Council on the Misuse of Drugs, on which Scottish interests are well represented. The Executive has issued a guide, which is also on the Know the Score website at: www.knowthescore.info, setting out the legal position in Scotland, the effects of cannabis and the health risks associated with its use.

The Executive has no plans to change its drugs strategy. The research referred to was about young people who already have drug problems. As part of the research, an international literature review examined a range of school-based programmes that sought to reduce drug use in this group. There was some evidence that such programmes did reduce drug use but that certain approaches, e.g. skills development, building self-esteem and confidence, were more beneficial than others. Education, as part of a programme of treatment and care, can have successful results but the use of a purely educational approach was found to be generally ineffective in reducing drug use. The Effective Intervention Unit's (EIU) review did not examine drug education programmes in Scotland, nor did it examine the effectiveness of drug education generally. To follow up the research, the EIU will be working with the Lloyds TSB Foundation Partnership Drugs Initiative to develop a practical guide to the planning, designing and delivery of services for young people with drug problems.

The Scottish Executive has already taken a number of actions to improve drug treatment services for young people in rural areas. All areas are benefiting from increased drug treatment resources of £13.3 million for the period 2001-02 to 2003-04. In addition, funding of £18 million has been made available over the same period through the Changing Children's Services Fund for work with young people and families affected by drug misuse. Applications have now been approved and grants issued to all local authorities, both urban and rural. These include prevention and treatment facilities for the under 16s. The Executive has set a national standard for all Drug Action Teams (DATs) to ensure that drug users aged under 16 have access to drug treatment and care services which are in line with national guidance, by 2004. Achievement of the standard is being monitored through DAT annual Corporate Action Plans. Plans received to date demonstrate a wide range of new and expanded services for young people in rural areas, covering education, prevention and treatment.

The Home Secretary proposed on 10 July that cannabis should be reclassified from a Class B to a Class C drug under the Misuse of Drugs Act 1971. If approved by the Westminster Parliament, this will reduce the maximum penalty for possession of cannabis from five years to two years imprisonment. The Home Secretary also proposed a 14-year maximum prison sentence for drug traffickers who deal in Class B or Class C drugs. The current maximum penalty for possession with intent to supply Class C drugs is five years in prison, compared with 14 years for Class B drugs. The Scottish Executive does not provide advice to judges on sentencing as the independence of the judiciary is a fundamental principle of the Scottish legal system. The role of the Scottish Executive is to ensure that the courts have an adequate range of penalties available to them.