Chamber and committees

Safer Drug Consumption Facilities, Drug Checking and the UK Government's new Drug Strategy

Letter from Angela Constance MSP, Minister for Drugs Policy to Rt Hon Kit Malthouse MP, Minister of State for Crime, Policing and Probation, 27 January 2022

Dear Kit,

Thank you for your recent letter regarding Safer Drug Consumption Facilities, Drug Checking, as well as the UK Governments new Drug Strategy.

I appreciate the time your officials took to examine the evidence we provided around safer drug consumption facilities (SDCFs). I would however with respect, dispute the point about the evidence being outdated. The evidence paper we provided quoted trials which had taken place over the last 20 years, including one which started in 2018, lasting for 18 months and there are now studies which are based on the most recent facilities from November 2021.

Two newly opened SDCFs in New York City have shown that in their first 3 weeks, they prevented 59 overdoses. Both centres not only provide a supervised, hygienic space for people who use drugs, but also provide connections to services which include harm reduction, medical care, mental health services and drug treatment. The early data from these facilities demonstrates that they are reaching those who require the most support with their addiction. These lifesaving facilities are what we in Scotland wish to implement in order to save lives and reduce the harms that drugs cause some of our most vulnerable people.

You also mention that it is difficult to test the stand alone benefits of an SDCF as they do not tend to operate in isolation, but rather alongside a range of other supports and interventions. This is, I would suggest, almost the point of the issue. SDCFs are not supposed to operate alone. The intention is always that they provide an essential harm reduction service, but at the same time they can offer a vital way in to additional supportive services which an individual using an SDCF might not otherwise access. This is where some of the key additional benefits of an SDCF can be realised. The intention to have a range of these additional services on site has always been part of the proposal to trial an SDCF in Scotland.

I would agree with you that there are issues around law enforcement, particularly concerned with how to enforce the law in, or around a facility. I can assure you though that we are currently in detailed discussions with colleagues in Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS) about how we can resolve these issues within current legislation. The Lord Advocate is on record as saying she would be willing to consider a fresh proposal for a facility in Scotland if it were to meet that criteria.

In your letter you state that the primary issue remains the range of crimes committed by both staff and service users in the operation of a facility. However, at no time in the operation of an SDCF would any staff member be committing any of the crimes you set out. Healthcare staff would be able to assess service users, provide sterile injecting equipment, as per existing injecting equipment provision (IEP) policies, and supervise the injecting process to ensure no harm came to the individual. There would be no question that they would be involved in supplying, or permitting the supply, of controlled drugs, nor would they be encouraging or assisting in these offences. Service operating procedures, staff training and service user information would set all of this out in advance, making it quite clear what would, and would not, be tolerated in and around a facility.

You also highlight the possibility of offences being committed associated with providing paraphernalia. Again, this is something which would not be an issue as staff would only be providing the equipment currently available through IEP services. Staff in those facilities are not committing offences under the Misuse of drugs Act due to the guidelines already issued by the Home Office in cases where it will reduce harms.

On the points you raise around liability, again I can assure you that these are issues that we are well aware of. We are considering, alongside partners, the possible outcomes from incidents, such as the ones you mention, arising and the mitigations that can be put in place to prevent these.

The point you make about establishing a system for licensing and oversight of a facility is an interesting one. To our knowledge no such scheme currently exists that would provide licensing for an SCDF. I would, however, be more than happy to work together with you to discuss the creation of this. We would welcome an appropriate system that would address the scope of exemptions from the criminal law, and deal with issues of civil liability.

As you say, primary legislation would take time but in Scotland we are currently taking all possible steps to address the drugs death crisis and this can be seen in what we are doing with our National Mission which aims to provide fast and appropriate access to treatment, increased access to residential rehabilitation, better support after non-fatal overdoses and recognising the vital role of frontline organisations. SDCFs would be one additional tool which would help to increase this support and, as we have seen in other countries, save lives. As I have said to you before, we need to use all the options available to us to urgently tackle this crisis through all possible means.

I would like to thank you for you updates on both Heroin Assisted Treatment and Drug Checking. Officials have been able to discuss and offer advice on the implementation of Drug Checking Facilities in Scotland and these discussions will continue as we work to develop the licence applications to provide to the Home Office.

I look forward to your response on the above points.

Angela Constance MSP

Minister for Drugs Policy