SCPO Briefing Paper 5/3 ("Stepping Stones or Stumbling Blocks?") reviewed key legislation of Parliament's first term. This Briefing reviews some key policy areas in which significant developments took place apart from legislation, either through Parliamentary Committees or the Executive; it also looks to future action in these areas.

Tackling Scotland's drug-related problems was very high on the initial agenda of many new MSPs at the start of the Parliament, whether arising from personal working experience or from its emergence during the campaign as of major importance to voters. Perhaps the first term could be seen as a learning experience, or one of growing awareness of the absence of easy answers: the Executive's "Drugs Action Plan" of May 2000 says "There is therefore no single solution, or source of activity, which will bring dramatic results overnight".

An early report by the Social Inclusion Committee accused the Executive of not facing up to the strength of the link between drugs and deprivation, with drug-related hospital admissions in Scotland's poorest areas 17 times higher than in affluent areas. The report's findings included a recognition that some rural as well as urban areas were now badly affected, and that the most serious consequences of drug abuse come from the cost of the user’s habit (which at £50 day amounts to £18,000 per year, leading to crime) rather than from the drug use itself. The report estimated that there were around 30,000 drug injectors, spending around £540 million on drugs each year, including theft of an estimated £190 million worth of goods every year. Nearly a quarter of those dying from drug overdose in the Glasgow area occurred within two weeks of release from prison, more than half of these, within four days.

The Executive publish an annual report on progress across the key themes of the Drugs Strategy, ie "supporting young people, helping communities, tackling the availability of drugs, and treating those who have developed drug problems". There was a significant change in strategy when anti-drugs campaigning moved from the "just say no" approach (which evidence suggested had been ineffective) towards the more information-based strategy of the "know the score" campaign. In addition, specialist drugs courts are now operating in Glasgow and Fife with the option of Drug Treatment Orders instead of a custodial sentence, in an attempt to tackle the root causes of drug addiction and drug-related crime. A new Scottish Drug Enforcement Agency has been set up to target dealers and stop the supply of drugs; to date around £40m worth of illegal drugs have been seized.

A comprehensive Alcohol Strategy was launched, aiming to changing Scotland’s ‘lad’ and ‘ladette’ drinking culture. The plan includes additional funding of £1m for local alcohol action teams; development of a national alcohol information resource; the appointment of a national alcohol liaison officer to support local alcohol action teams; publication of an alcohol problems support and treatment services framework; and a £1.5m advertising campaign targeting both male and female binge drinkers – particularly among the 18-35 year-old age group. Key aspects of the plan include: improved training for bar staff and licensees in encouraging sensible drinking; measures targeted at children and young people – both in school and providing more resources to help parents discuss alcohol issues with their children; better education in schools, promoting healthy alternatives to drinking, and early intervention measures. Concerns have also been raised with the UK Government about the advertising and marketing of alcoholic drinks.

While drug issues have dropped from the forefront of political debate, the problems have not gone away, and these are likely to be ongoing issues. A working group report on liquor licensing is expected very soon, with clear relevance to the future of the alcohol strategy.

As indicated in our review of key legislation, perhaps the most significant impact of the better gender balance achieved in the Parliament has been in the commitment to tackle domestic abuse, reflected in a £6m funding package to improve refuge provision and provide dedicated services for children.

The National Strategy to Address Domestic Abuse has recently been augmented by draft prevention and training strategies (which should both be finalised this summer, following consultation); however, there is no sign so far of the legislation drawing together legal provisions on domestic abuse, which was called for by the national group taking forward the strategy. A recent meeting hosted by SCPO gained assurances that the churches would in future be included as social partners in the Executive’s approach to domestic abuse prevention. There has been recent research into the adequacy and appropriateness of refuge provision, which may pave the way for some changes in future.

The creation of a social justice strategy with 29 milestones has focused attention on some of the poorest and most marginalised sections of Scottish society. The life-cycle approach used, targetting vulnerable groups such as children and young people, low income families, the homeless and older people is described more fully in SCPO Briefing 5/5 ("Always With Us?"). At November 2002 the Social Inclusion Unit announced it was making progress on 16 of the milestones, while 2 were moving in the wrong direction (on reducing truancy and the number of families living on low incomes). Important advances have been made on some of the most pressing of Scotland’s social inclusion problems.

Anyone assessed as homeless now has a right to temporary accommodation, advice and assistance. The number of people sleeping rough is down although the figures also show that those who do sleep rough are doing so more often. The Warm Deal programme has seen 8,500 central heating systems installed and 137,000 homes made warmer and more energy efficient through improved insulation. 21,000 new or improved homes have been made available for people on low incomes, including over 4,000 new or improved homes for people with disabilities.

The "Breakfast Services Fund", announced in November 2001, is now funded to the tune of £300,000 in an attempt to improve the health of Scotland’s children, particularly those from the most deprived areas. Although, the School Meals Bill – which would have provided free nutritious lunches for all school children (removing the stigma of free school meals being conditional on being from a low income family) – was defeated on the Executive's argument that money would be better spent being targeted to poorer families, the Executive established an Expert Panel on School Meals. On the basis of their report, £63m of investment was promised to ensure free fruit for pupils in primary one and two, new nutrient standards for school meals, larger portions of more nutritious food at no further cost to parents, and steps towards raising awareness of the entitlement to free school meals.

The first Executive Bill in the new Parliament was rushed through to deal with an anomaly whereby changes in the benefits system would have excluded several thousand children from free school meals. The SSP propose to reintroduce the School Meals Bill which was defeated in the last Parliament, and the SNP have proposed a Bill ensuring free milk in nursery and primary schools.

Following a petition submitted by Action of Churches Together in Scotland (in partnership with the Scottish Refugee Council and Amnesty International), an initial refusal by the Executive to get involved in issues relating to refugees and asylum-seekers (since the legal framework for these is reserved to Westminster) has been overcome as concerns about education, advice, and housing services have grown. Establishment in January 2002 of the Executive’s Refugee Integration Forum marked an important development in the inclusion of asylum-seekers and refugees in Scotland's communities. Its remit is to develop action plans, in consultation with the public and voluntary sectors, to help refugees fully integrate into Scottish life and to provide accessible, good quality services; the Forum is also charged with promoting positive images of refugees and their contribution to society. It has now developed (following consultation) a strategy containing over 50 key actions.

The row over farm trials of Genetically Modified (GM) crops was a recurrent issue of Parliament's first term. Environment Minister Ross Finnie consistently maintained that he had no power to restrict such trials without clear scientific basis. However, the Health Committee carried out an inquiry into the health risks involved, raising concerns over the efficacy of GM crop risk assessment procedures in their report, which labelled the procedures "flawed". The Committee called on the Executive to examine the effects on the health of the local population near GM sites and to carry out new tests. The Executive response claimed the Committee were not qualified to make judgements about GM crops, but support for the Committee’s conclusions came from the British Medical Association who echoed their concerns for public health. This row aside, any decision on bringing commercial GM crops to Scotland as in the rest of the UK rests with the European Union, and any attempt by the EU to block commercial GM crops would upset the US in World Trade Organisation talks. This argument will continue to run, not least because of the increased Green Party representation in the new Parliament and the UK consultation launched in June 2003.

The securing of personal care free for the elderly at the point of delivery owes much to the support of the Scottish Parliament's Health Committee, whose inquiry backed the findings of the Sutherland report. The unanimous report called for an end to means testing, and for fairness and equality on the basis of need, with uniformity throughout Scotland. It looked for a commitment to raising both NHS and local authority expenditure on community care services in real terms. Presenting the report, Committee Convener Margaret Smith said: "A civilised society is judged upon how well it looks after its most vulnerable citizens and it is clear that many of Scotland’s most vulnerable people are not getting the support services they need or deserve".

Adequate funding for care homes in the private and voluntary sectors was another ongoing issue, with a deal allowing increases of 33% in average fees in homes without nursing care (from £260 per week in 2001 to £346 in 2003) and of 21% in homes with nursing care (£336 to £406) eventually agreed by both sectors. While going some way towards bridging the "care gap", these increases are also intended to help with implementation of the new standards laid down under the Registration of Care Act.

Substantial public concern led to an inquiry by the Health Committee, which called for more research into the possible links between the MMR vaccine and childhood autism. While stressing that on the basis of currently available evidence, there is no proven scientific link between these, the report called for the Executive to set up an 'Expert Working Group' to address unanswered concerns. Several key concerns were highlighted including the lack of co-ordinated information and statistics, and the need to have a uniform test for autism at an early age. Other questions raised included whether there would be any benefit in deferring the MMR vaccine until a later age when the immune system is better developed, and whether the apparent rise in autism is as a result of better diagnosis. The Expert Group was established, and reported in April 2002, concluding that "there is no proven scientific link between the MMR vaccine and autism or Crohn's disease" and therefore rejecting demands for making single vaccinations widely available.

The National Debate on Education (see SCPO Briefing 4/6) was an attempt by the Executive to spark a wide, open-ended national debate about the education system. More than 20,000 people participated in the Debate, launched in March 2002, including children, parents, teachers, employers.

Fewer tests, smaller classes and more subject choice were promised in the Executive's response to the debate. Other measures included more information and involvement for parents and more control over budgets for headteachers, and reform of School Boards and Parent Teacher Associations. The Education Minister, Cathy Jamieson, pledged to improve literacy and numeracy levels, particularly among disadvantaged children, and to implement the recommendations of the Discipline Task Group to tackle discipline problems and bullying.

Ten criteria for educational reform were set out in the findings of the Education Committee’s report into the purposes of education. Future educational policy should include the promotion of positive values, active citizenship and social inclusion, as well as more emphasis on creativity, developing intellectual skills and encouraging emotional as well as cognitive development.

Inquiries carried out by two Parliamentary Committees into the Scottish Qualifications Authority (SQA) in the wake of the exams crisis were significant examples of holding the Executive and quangos to account. The report by the Education Committee, more critical than either the SQA’s internal report or the Executive’s inquiry, labelled the SQA’s handling of the crisis as a "shambles", found that there were serious failures at both Board and Management level of the SQA, and identified a conflict of interest in the role of HM Inspectorate as both controllers and evaluators of "Higher Still". The three-month inquiry found that the Executive had failed to work effectively with the SQA, that vital areas of SQA were under-staffed, under-resourced, subject to poor internal and external communications, and the management and board were complacent and unwilling to admit these shortcomings until it was too late. The Executive was criticised for failing to intervene effectively in the issue. In the Enterprise & Lifelong Learning Committee’s report, the Board of the SQA was found to be "fundamentally negligent" and to have embarked on an ultimately unsuccessful and damaging high-risk strategy, conducted in an "information vacuum". Ministers were criticised for not fully appreciating the problems SQA were experiencing, and for approving the body’s unrealistic Corporate Plan for 1999-2000. As a result of these reports, fundamental reform of the SQA was undertaken and significant changes made to the role of HMI.

Equal opportunities is one of the founding principles of the Scottish Parliament; and the Equal Opportunities Committee has been particularly active, with gender mainstreaming a key focus. The US State Department's annual Human Rights Report in 2002 highlighted the pioneering work of the Committee regarding Gypsy Travellers. An equality report is attached to each Bill, and the kind of issues debated, from the use of Gaelic and to the provision of Time for Reflection involving Scotland’s different faith communities, demonstrate the Parliament’s commitment to equal opportunities. The ‘One Scotland, Many Cultures’ campaign unveiled by the Executive in September 2002 marks an attempt to challenge racist attitudes and behaviour, while the commitment of the First Minister and Deputy First Minister to tackling sectarianism and other forms of religious hatred ensure that these remain on the agenda (with the inclusion of churches and faith communities in the new "Communities" brief, within the Equality Unit). Margaret Curran announced the establishment of a follow-up working group on 'hate crime' – defined as crimes motivated by prejudice, such as those perpetrated on the grounds of a victim’s sexual orientation or disability

An inquiry into alternatives to custody, completed by the Justice 1 Committee in 2003, called for a radical shift in sentencing – away from custodial sentences and towards mediation and restorative justice approaches. The report highlighted the limitations of prison sentences for minor offences, and recommended that community alternatives to custody should be promoted and properly funded, particularly for those on remand, fine defaulters and women convicted of minor offences. The Committee was critical of the patchy provision and inadequate funding of alternatives to custody programmes, raising concerns about the shortage of criminal justice social workers in Scotland, and "postcode justice".

Key recommendations included increasing the provision of residential bail schemes, particularly for women, and programmes which also tackle problems such as health (including mental health), addiction, and issues surrounding housing and employment. Restorative justice projects, the report advocates, can demonstrate to the community that something is being done about the offence, while helping offenders to admit to the effects their actions have had on the community. The report, published shortly before the end of the first Parliamentary session, recommends that work on this be taken forward by Parliament and the Executive; whether that survives the different emphasis of the criminal justice agenda which dominated the election campaign remains to be seen, but the Partnership Agreement does speak of expanding the role of restorative justice.

In one of the most high profile attacks on Executive policy by a Committee, the Justice 1 Committee argued against the closure of Peterhead prison, home to a highly-regarded specialist sex offenders' unit. Instead the Committee called for refurbishment, rejecting claims that this would be too expensive: "Our investigation found that the Executive's Review was based on inadequate financial and performance information ... We believe they need to look again at the evidence before making any significant changes to the way in which prisons are run in Scotland."

The Estates Review was further criticised for failing to explore adequately the option of privately built, publicly operated prisons or not-for-profit trusts. Major concerns regarding Kilmarnock prison, Scotland's only private jail, were raised, including fears over the low level of staffing. Slopping out should to be ended as soon as possible through refurbishment or new building on existing sites, according to the report.

The Committee also criticised the Executive for not examining the Prison Estates Review in the context of wider penal reform, and for failing to adequately resource schemes to tackle offending and reoffending: "We do not consider it proper to set out a plan for Scotland's prisons in a vacuum, without considering existing alternatives to prosecution and future penal reform. It surely must be the aim of the Executive to reduce the prison population by tackling recidivism".

The Executive later substantially accepted the report's conclusions, notably "reprieving" Peterhead. However, there can be little doubt that these issues will re-emerge, especially after HM Inspector of Prisons' highly critical report on conditions at Peterhead.

The two-year inquiry by the Procedures Committee into how well the principles of the Consultative Steering Group have been implemented in the first session of Parliament made 135 recommendations in total. These included increased transparency throughout the parliamentary structures - Committees, the Parliamentary Corporate Body, Bureau and Conveners' group; more time and full openness in the legislative process, reform of the civil service, better scrutiny of ‘quangos', and more engagement with disadvantaged groups.

The report criticised the practice of holding discussion of draft reports in private. Executive consultation was judged to be much improved on the pre-devolution era, but disquiet was voiced at the pace of legislation, particularly at the later stages. A culture of openness between civil servants and MSPs was deemed to be slow to take root: "While the Parliament may be implementing the CSG principles, the Executive does not seem to have changed its culture much from the Westminster model of governance." While the report remains on the agenda, other issues about expanding question time and Parliamentary hours seem to have gained priority since the election.

The voluntary sector was high on the agenda of the first term of the Parliament, and some significant steps forward were taken, eg re longer term funding. The Review of Voluntary Services looked at current public sector funding of the voluntary sector and outlined proposals for action on ways to improve its availability, effectiveness and sustainability. Launched in November 2000, the review was designed to improve the service delivery of the sector, particularly to Scotland’s most deprived communities. Key to the Parliament’s relations with the sector was the Voluntary Sector Compact, an agreement between the Scottish Parliament and the voluntary sector to partnership working. Endorsed by the Parliament in 1999, it contains five categories of commitments - recognition, representation, partnership working, resources and implementation. Since the election, the issue of charity law reform has dominated this area of the agenda, with Jackie Baillie's Member's Bill proposal reacting to Executive reluctance to timetable reform.

Published in January 2003, this Committee report arose from concerns about rural poverty. It covered issues including planning, affordable housing, and rural transport. Key recommendations include: extension of the Rural Stewardship Scheme to more small farmers and crofters; a single marketing and labelling scheme for Scottish farm produce; making the rural road network a matter of priority; implementation of a strategy on siting renewable energy structures; re-examining the funding formula for local learning centres in rural areas; development of a comprehensive forestry policy by the Executive. With the review of the Common Fisheries Policy in mind, the report urges the Executive to renegotiate structural funds, at European and domestic level.

The Committee advocate radical change to increase the availability of affordable rural housing, with more areas zoned for rural housing appropriate to the local needs, and an urgent review of planning regulations, particularly on conversion of existing rural buildings for diversification. As a short term measure, the Executive is urged to examine a rural rates relief scheme for rural businesses, and to create a rural forum involving the various rural interests such as voluntary and business organisations, and public bodies.