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UK: Crime fighters at war over new Scottish drug agency

The Sunday Times (UK)

Sunday 17 Oct 1999


Crime fighters at war over new Scottish drug agency
Marcello Mega

TWO powerful crime-fighting organisations are locked in a behind-the-scenes
row with the Scottish government over plans for a drug enforcement agency.

The National Criminal Intelligence Service (NCIS), the brains behind many
anti-drug offensives, fears its independence could be compromised and has
threatened to withhold its co-operation from the new agency.

The Sunday Times has also obtained a confidential memo prepared for civil
servants by Customs and Excise, which warns the Drug Enforcement Agency
(DEA) could be open to corruption and says existing organisations could
become "second class partners".

The criticisms are a blow to the Scottish executive, which has made the
creation of a DEA its flagship anti-drug policy. Last month deputy justice
minister Angus Mackay, responding to public outrage at Scotland's toll of
drug deaths which had reached 198 this year, unveiled detailed proposals
for the DEA.

A chief executive will be appointed in February and the organisation will
be running by June 2000. Mackay promised a budget of pounds 4m, and said
200 officers would be appointed, half of them placed in existing police
drug squads.

NCIS is a Britain-wide intelligence-gathering operation with an elite squad
of investigators on secondment from police forces and customs. The Scottish
wing is based in Paisley and provides much of the information on which
police and customs operations are based.

Scottish executive sources have told The Sunday Times that NCIS has warned
in writing that it would not support the new agency if its own independence
was compromised.

The customs memo paints a stark picture of the problems the new agency
could create. These include strained relationships with existing agencies,
which might become "second class" partners, and an increased risk of
corruption if the new organisation had greater powers than the other agencies.

The memo also raises questions over the accountability of the DEA, and
warns of difficulties in its relationship with the English arms of customs
and NCIS. In the past two years Scottish customs has seized drugs valued at
pounds 60m.

Scotland's chief police officers are divided over the need for the new agency.

Mackay has signalled that the agency's primary concern will be law
enforcement, a stance supported by Strathclyde police. But chief constables
in other force areas, which do not have drug problems on the same scale,
would favour a more rounded approach with additional resources devoted to
education and rehabilitation.

One chief officer said: "The message from the top is enforcement,
enforcement, enforcement. The government must know that 200 extra
detectives won't solve Scotland's drug problems any more than 500 extra
detectives would. It should be about changing attitudes, changing youth
culture, but this has all the hallmarks of a cheap fix."

Police also say ministers may have miscalculated the timescale for setting
up the DEA, which they insist will require primary legislation.

One senior figure said: "There is a strong feeling that Mackay jumped the
gun, that ministers didn't realise a new agency was likely to require
primary legislation."


The police source said that without legislation to give the DEA statutory
authority, it could have no legal power of enforcement. The only
alternative to new legislation was to "hitch" the agency to one of the
existing law enforcement arms, but this was unlikely as it would lead to
problems of accountability.
"Police forces are accountable to local authority police boards, Customs
and Excise are accountable to the Treasury, and NCIS ultimately to the Home
Office," he said.

"We have to assume ministers intend the DEA to be accountable to the
Scottish parliament and I can't see how they can achieve that without
passing legislation."

He said another problem facing ministers and civil servants was the pledge
to appoint a chief executive by February. "If there is no legislation in
place by that time enshrining the DEA as a statutory body, who will be
employing that chief executive?" he said.

It is understood that Mackay has told civil servants they must keep to the
time-frame he announced. One route being considered is simply to make the
new agency an enhanced version of the crime squad which is fed by
Scotland's eight police forces on a pro-rata basis. But ministers believe
the public would have more confidence in an elite new agency.

A spokesman for the Scottish executive declined to confirm or deny that law
enforcement agencies were split on the best way forward. He said
discussions between the involved parties were continuing. Until a structure
had been formalised, it would be impossible to answer any detailed questions.

Mackay was not available for comment.


 

 

 

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