The first item of business this afternoon is a statement by Paul Wheelhouse on new psychoactive substances in Scotland. The minister will take questions at the end of his statement, so there should be no interventions or interruptions.
Thank you, Presiding Officer, for the opportunity to make a statement today on new psychoactive substances—substances whose sale is not restricted but which, if taken by an individual, mimic the effects of controlled drugs and can be just as harmful and can in some cases have fatal consequences.
I want to bring the chamber up to date with the latest developments and with what the Scottish Government is doing in response. The challenges and, therefore, my announcements today are not only from an enforcement perspective but are also in respect of our education efforts. Those challenges have been well rehearsed in the chamber, and I have been struck by and am grateful for the consensual nature of the debates on this issue, and the good will and well-informed contributions from members.
Members will no doubt agree with me that the biggest difficulty, and perhaps frustration, is that the existing legislative framework enables the substances to remain legal in situations in which they are not knowingly sold for human consumption and do not thereby come under the traditional radar of the Misuse of Drugs Act 1971, on which we have relied to control drugs.
To that end, I am pleased to announce that the expert review group that was established by my predecessor has presented its report to me, and that that has been published today. It makes a number of key recommendations not only on how the existing legal framework might be strengthened with regard to the available law but on how it can be made to work better in practice.
I am pleased to advise the chamber that, on behalf of the Scottish Government, I am minded to accept the recommendations of the report, and I wish to record my thanks to all who directly contributed to this work, and to those who offered the group insights and expertise from the field. Members will appreciate that I have received the report only today, but I wanted to place this in the public domain to alert members to its findings.
Members have my commitment that the recommendations will be taken forward with vigour and with priority and in a spirit of collaboration and consensus, where that can be found.
One of the clear barriers to progress is identifying a shared understanding of the problem. In particular, there is a need for a clear and practical definition of NPS; more evidence of the harms that are being caused in the immediate, medium and long term; and better data collection and sharing across the range of public services. I heard that directly yesterday from our NPS evidence group, which is a parallel group of experts that has been brought together by the Scottish Government to review the available evidence on NPS.
I am pleased to further announce that that group will be working to develop a definition of NPS that can be used consistently across different sectors. That will assist the courts, forensic experts and those supporting people using NPS. The group will also be reviewing existing systems of data collection and information sharing to improve our knowledge of the extent of NPS use and the associated harms. The particular recording difficulties in respect of accident and emergency departments have been raised before in the chamber.
In addition to the work of the evidence group, I am delighted to announce that the Scottish Government will shortly be commissioning specific research to enable us to better understand the prevalence and harms of NPS use within specific vulnerable sub-groups of the population.
Stakeholders across Scotland have raised concerns about the use of these substances among vulnerable young people, adults with mental health issues and injecting drug users. Evidence about the use and harms of NPS within those groups is very limited and there are concerns that the consequences of NPS use among them might be particularly severe. The position is exacerbated by the alarming number of new NPS products that appear on the market each year.
I recently visited Forfar police station, in Angus, and heard at first hand about the proactive, multi-agency approach that has been taken by local police, trading standards officers, the Crown Office and Procurator Fiscal Service, community campaigners and others in Tayside to tackle NPS. Operation carinate targeted individuals and premises that sell NPS; officers used common law and trading standards regulations at premises selling NPS. That action has resulted in the closure of premises selling NPS and is an example of good practice, with a number of agencies and communities working in partnership to tackle NPS. Partners in Angus indicated that the action has reduced NPS purchases in their area, but it is still early days.
Only last month, I had the opportunity to close a members’ business debate, on a motion submitted by Alex Johnstone, on the “New Psychoactive Substances Needs Assessment for Tayside, 2014” report. In preparation for that debate and during my subsequent visit, I was struck by the excellent work that is being done to tackle the issues that the substances are causing for local communities
I have also become aware of the significant degree of consensus across the political spectrum in the chamber on this challenge, and the recognition that there are no easy answers to the questions that are posed by NPS. As I take forward the range of matters that are discussed in the report, I extend an invitation to my colleagues from across the parties in the chamber to join me in a ministerial cross-party group on NPS. I will write to colleagues regarding the details of that in the near future. In essence, the group will continue to examine the work that is under way, will build a shared understanding of the problem, will hear from experts in the field and will oversee the work as it unfolds.
Our education efforts must also continue. Our drugs campaign, know the score, continues to offer reliable and non-judgmental advice on drugs—including new psychoactive substances—and their risks via a free helpline and website. We also support choices for life, which is delivered in partnership with Police Scotland. It is a drugs, alcohol and tobacco education programme for schoolchildren across Scotland that is supported by an information website. Choices for life will shortly release a video of the dangers of NPS via the glow online learning portal for schools. I have also seen at first hand the work of Crew 2000, which is another excellent partnership that we have in place. On my visit to Crew 2000, I learned a great deal about the harmful effects of NPS, as do the individuals with whom the project engages on a daily basis, including the families of those who are using NPS.
I would like to examine with the ministerial cross-party group how we might better connect with young people and exploit social media to educate young people about the risks that they face if they use NPS. I would also like parliamentary colleagues to work with me to examine how we might work with the Scottish Youth Parliament to raise the profile of NPS and to support it to complement the efforts of this Parliament.
A specific recommendation of the expert review raised the need for a first-class forensic capability that can develop clear standards to support the fast provision of accurate information on NPS not just to those in enforcement but to those in critical areas of the health service such as accident and emergency departments. I am already in discussion with forensic services and the Scottish Police Authority on how we can take that forward. The work is particularly important given that there is evidence from Wales of the substances increasing in strength. I hope that the ministerial cross-party group will oversee the development of a national centre of excellence.
There is a specific recommendation for new legislation to be introduced, and I recognise and acknowledge the potential role of the United Kingdom Government in securing new arrangements to bring NPS under legal control. The Home Office has been helpful and co-operative in the work of the expert group, and I will meet my counterpart, Lynne Featherstone MP, to press her on supporting us to bring these substances under legal control in Scotland.
The report of the expert group has been published today, and I have made a number of immediate announcements on commissioning research on the prevalence of NPS and the harm that they cause. We are beginning work on a definition to guide those in the field as part of an immediate response. I have also invited parliamentary colleagues to join me in considering the work in more detail, including overseeing an increased effort to educate young people and develop a first-class forensic service to strengthen our response.
I am encouraged that the expert review concluded that a range of existing powers can be used to tackle the sale and supply of NPS and that those powers can be made more effective. The practical work to progress those operational matters will now begin. I am also clear in my commitment to ensure that new legislation is brought forward as quickly as possible to put the substances where they belong, subject to criminal proceedings.
As has been echoed in the chamber many times, the term “legal high” is regarded as a misleading and unhelpful term. I hope that members will support the findings of the report that I have published today. We should make the question of the legality of the substances very clear, identify the harms that they cause and, when appropriate, put those who seek to sell them—in the knowledge of the harms that they cause—behind bars rather than behind the shop counters in our high streets.
The minister will now take questions on the issues raised in his statement. I intend to allow around 20 minutes for questions, after which we will move to the next item of business.
I thank the minister for the advance copy of his statement and for making it available an hour in advance of speaking in the chamber. Scottish Labour will be pleased to take part in the cross-party working group that he proposes.
New psychoactive substances are an issue that Governments around the world are struggling to cope with. Biochemical knowledge is now so advanced that, if one substance is banned, another with similar effects on the receptors in the brain can be synthesised to replace it.
On the forensics, has the minister examined the approach that is taken in Wales? Last year, the Welsh health minister allocated funding to the Welsh emerging drugs and identification of novel substances—WEDINOS—project, which provides a mechanism for the collection and testing of unknown and new psychoactive substances or combinations of substances and issues advice on harm reduction. Has the minister given consideration to the suggestion that was made by my colleague Kezia Dugdale in the debate just over a year ago, which seemed to be accepted by his predecessor, that universities work with organisations such as Crew 2000 to set up a social enterprise that would enable drugs that are taken off the streets to be handed over for assessment?
Will the minister clarify what he means by pressing Lynne Featherstone to support him
“to bring these substances under legal control in Scotland”?
Is he arguing for devolution of those powers? If that is the case, I put it to him that there should be no borders in the fight to control the harm that is caused by NPS.
I thank Elaine Murray for her very positive contributions to the debates that we have had so far on the issue and for her warm words about wanting to work with the Government’s ministerial cross-party group. I would welcome that.
On newly emerging substances, Elaine Murray is absolutely correct. I think that, in the past year, 81 new substances have come on to the market. That shows just how difficult it is for the authorities and those working in the third sector not only to keep on top of the impacts and the harm to individuals but to advise those individuals on the risks that they face in taking them.
Testing and forensic capabilities are so important because we need to understand what is in a new product and its potency, so that we can then cascade the information through the community that is serving drug users to ensure that they are prepared for and aware of the risks that they face. We are looking closely at what is being done in Wales with the WEDINOS project. I cannot promise that we will take exactly the same approach, but we will look into that and take it forward in the cross-party group. My officials are engaging with their colleagues in Wales and being kept informed about their progress.
I will happily look into the member’s point about universities and social enterprises. The issue predates my becoming the Minister for Community Safety and Legal Affairs, but I will take account of what Kezia Dugdale has said. We can take forward the issue in the ministerial cross-party group.
On pressing Lynne Featherstone, clearly we want to work collaboratively with the Home Office and the United Kingdom Government. I respect Dr Murray’s point about cross-border issues. We face challenges. Tomorrow, the Cabinet Secretary for Justice is in a trilateral meeting with the Irish and UK Governments where those issues will be discussed.
New psychoactive substances do not respect boundaries. We need to work together and we are learning a lot from what the Irish have done. In addition, last October, the Home Office produced a report with 31 recommendations. We are studying the reports and working closely with our colleagues. I encourage Lynne Featherstone to help us in so far as the UK Government can to effect the result that we all want to see.
I, too, thank the minister for advance sight of the statement.
The minister made reference to the question that my colleague, Annabel Goldie, put to the Solicitor General about how many people supplying the substances have been convicted under common law with reckless and culpable conduct. The Solicitor General responded that the figures are not available. That is a matter of concern, especially as the report identifies that using a charge of reckless and culpable conduct has been successful in securing convictions. Therefore, I am very pleased that the minister addressed the data collection issue in his statement.
I confirm that the Scottish Conservatives will be happy to take part in the cross-party group. However, there seems to be a number of different expert groups looking at the issue without an overarching co-ordinator. Has that been considered?
The member may expect me to say this, but I would hope that the Scottish Government is providing overarching co-ordination of the activity. I take the point that there appear to be different strands to it, but I assure Margaret Mitchell that those are co-ordinated and complimentary rather than cutting across each other.
The data issues work that I witnessed yesterday at the expert group sits alongside the work of the expert legal group, which is looking at the legal aspects. There is a focus on data, statistics and information sharing with the group that I met yesterday.
I welcome Margaret Mitchell’s confirmation that the Scottish Conservatives are happy to take part in the cross-party group, especially as I know that she and members such as Annabel Goldie have a lot of interest in drug-use issues. The Conservatives’ participation is very positive.
Following yesterday’s portfolio questions on justice, the Solicitor General is looking at how we can improve the availability of Crown Office and Procurator Fiscal Service data to ensure that we have as much visibility as possible.
We must finish by 3 o’clock, because I need to protect the debate that comes afterwards. I have 11 members who want to ask a question. If they keep to a question and the minister keeps to a brief answer, we will get through.
The review group report states that there are a number of benefits to the approach taken by the Irish Republic to tackling NPS, citing as an example the reduction in the number of head shops from 102 in 2010, when legislation was introduced, to just 10. Does the minister accept that shutting down such premises, welcome though that would be, will not in itself solve the problem of NPS, not least because the addictions that they have helped to create will presumably be fed via the internet instead?
That is an important point. As another part of its approach, Ireland has banned all sites selling NPS that use Irish domain names. In paragraph 6.10, the report recommends consideration of a new offence to deal with the sale or supply of NPS. If we go forward with that proposal, it could mean that sales via the internet are also banned.
However, because internet sales are regulated by the UK Government in this context, we need to work closely with the Home Office and other departments at UK Government level on such matters. They are another example where a co-ordinated approach between the Scottish Government and the UK Government may be helpful, as would working with our colleagues elsewhere in the European Union to ensure that the issue is addressed.
The minister noted the need for first-class forensic capability. Forensic services are overspent by £0.29 million and face a further £0.214 million of unallocated cost reductions before the end of the year. The Scottish Police Authority has admitted that that is beginning to put pressure on its finite resources. Given the importance of tackling the menace of NPS, will the minister advise what additional funds will be available to forensic services to build that first-class capability?
Like all parts of the public services, we are under pressure at the moment due to funding constraints. However, we will work closely with Police Scotland and forensic services to identify what is possible within existing resources. Where necessary, if additional resources are required, we will take that on board.
It is early days, though. The report has just been produced, we are signalling that we accept the point that has been made by the expert legal group and we look forward to working up the detail. That is something that we can discuss within the group that I have suggested today.
I am grateful to the minister for his statement. I recognise that he is doing a lot about the physical supply within the country. To extend Graeme Dey’s point, what does the minister feel that he can do, presumably with the Home Office, to deal with what will happen, which is internet sale and supply, which will only be worked out through international discussion?
I appreciate that it is early days, but the issue of NPS use has been discussed in the past in the European justice and home affairs council and is potentially an agenda item in the near future. That may be a forum in which we can engage with other Governments to discuss a co-ordinated approach throughout the European Union to tackle the problem of internet sales.
For those who wish to use the internet sales route, there are some challenges. I have heard that, in Angus, NPS is predominantly being used by young unemployed males, who may not have access to credit cards or other means of buying NPS via the internet. However, there is a risk that someone else could do so and sell on to those individuals.
We need to have a sophisticated approach to the issue. There is no single silver bullet, which is why it is useful to take on board the ideas of all other parties in the chamber and to work together to come up with a co-ordinated solution.
The minister will know how important this issue is to the communities that I represent in Dundee and Angus, where there have been fatalities as a result of legal highs.
Scottish Labour called this week for the collection of data on the number of people presenting themselves to accident and emergency having taken legal highs. The minister said today that he would review existing systems of data collection but he did not give a specific commitment to collection. Will he tell me what timeline he aspires to for the collection of that data?
We are interested in data collection and new means of collecting data. The group that I met yesterday in Edinburgh was looking at the issue. We could use existing data, but are there other forms of data that we could deploy? Are there existing information systems that could, if adapted, capture more useful information on the granularity of drug misuse and therefore, within that, NPS use?
I assure the member that we are looking at that. It is important to take an evidence-based approach to policy development at any point in time. At the moment, we lack a comprehensive picture.
Some differences of opinion are emerging. The statutory sector perhaps sees a different message emerging about intravenous drug use, while in the third sector, people are saying that, increasingly, a new group of people is using intravenous drugs. We have some conflicts in the data and we need to bring them together, understand them and get a comprehensive picture so that we know where the problems are, the prevalence rates and indeed the particular drugs are being used.
The Local Government and Regeneration Committee is currently considering the Air Weapons and Licensing (Scotland) Bill. There is a sense of frustration among folk in Aberdeen that there is a lack of licensing provision for shops that specialise in the sale of psychoactive substances and drug paraphernalia. Is there a practical way of bringing such shops into the licensing regime to give folk peace of mind?
The expert legal group considered alternative models from places such as New Zealand, where licensing has been introduced. Although there are some strengths to that approach, there are also concerns about it and the group did not deem it to be the most appropriate solution.
However, I recognise the point that Kevin Stewart makes about the concerns that communities have about the prevalence of head shops in their high streets. That is why the action that was taken in Angus to tackle the issue was so positive. That was done through trading standards officers, Police Scotland and the local council working together to identify how they could use the common law on careless and reckless behaviour to identify where the irresponsible sale of NPS put at risk young people and others in the community.
Successful action has been taken in that community, led by community groups that forced the issue home and put their own pressure on the suppliers. It has had the benefit of shutting down those shops.
There is considerable avoidance of prosecution by labelling products as not being for human use and, at the same time, not saying what effect could occur if they were used by humans. Will the minister hold early discussions with the new food standards Scotland on products that, although labelled for animal use, are clearly being sold with the intention of human use, to determine whether we can extend warnings so that people are protected?
Dr Simpson makes a useful point. I agree with him that there is great concern that the perception of the products as legal highs is entirely misplaced. They are legal if they are not used for human consumption but many of them are clearly very dangerous if they are used for human consumption. We know that some of the substances that mimic existing illicit drugs are eight or more times as powerful as the equivalent, so people might take a similar quantity and be taken by the strength of the dose, which might have fatal consequences.
We all have an interest in making sure that labelling is clear to ensure that people do not consume the substances at all. I take on board the point that Dr Simpson makes and will discuss it in the ministerial cross-party group.
I thank the minister for taking broad action across a broad front after receiving the report. I suggest that we commend the action that Police Scotland took in Angus, where the common law and trading standards were used in combination to facilitate a raid on a shop selling psychoactive substances. Have any other sections of the police force in Scotland taken similar action, and is it likely to become Police Scotland policy in future?
I am aware that a similar approach was taken in South Ayrshire some years before, but it would be fair to say that Angus has demonstrated a much more co-ordinated, wide-scale approach to tackling the problem at a community level and there has been a strong community impetus behind that. It is a more recent example and took place in the light of emerging trends of a higher incidence of NPS use and greater availability of the products.
What was done in Angus is certainly welcome and we are interested in it but, to be able to use the common law on careless and reckless behaviour, we have to be able to demonstrate harm. That is why it is important to have the forensic capability and co-ordination with our health professionals to understand the physical, emotional and psychological impacts of the substances on individuals to demonstrate harm. The law is much easier to enforce once we have a clear idea of the harms of each product.
I am grateful to the minister for his statement and the focus that is being placed on education in the action that the Government is taking. Will he consider expanding the education that is targeted at children and young people to include the adult population, given the important role that parents and community leaders will play in ensuring that the strong messages that the Government wishes to convey are put across and in spotting the signs of NPS use in young people for whom they are responsible as parents or, perhaps, youth leaders?
The points that Mark McDonald makes are extremely important. The work that Crew does is a good example. It has offices in Edinburgh, but it is a nationally commissioned organisation that can provide support across the country. Crew works with parents, who will often come in to get confidential advice about substances that they know that their children are taking, to find out about the risks and to support their children in coming off those substances.
As far as adult users are concerned, we are seeing an increasing number of experienced drug users diverting into the use of NPS, which are sometimes cheaper and more freely available than the equivalent. There is a danger of their getting back into a culture of using drugs intravenously and therefore putting themselves at risk of contracting blood-borne diseases, developing ulcers and even of having to undergo amputation. There are serious consequences associated with injecting drugs intravenously, so we need to make sure that people are equipped with the knowledge to keep them safe. If people are to use such substances, we need to do the maximum to prevent them from putting themselves at risk.
What assistance can be given to local authorities with regard to licensing premises that sell NPS? Can lessons be learned from the approach that is being taken by the local authority down in Lincoln to stop such outlets opening on our high streets?
We will take an interest in what is happening in Lincoln. The situation there is not directly comparable with the one in Scotland, but we will study the implications of the measure that is being taken, which, as we understand it, will deal with activity in a public space but will not necessarily prevent the sale of such substances. Therefore, it will have only a limited impact.
I recognise the important role that local authorities have to play in discharging their functions on licensing, planning and trading standards. It is clear that they are important players in this area. Angus Council and South Ayrshire Council have worked constructively to help tackle the problem at local level. We want to ensure that all local authorities are aware of what is possible and what toolkits are available to them. One of the key recommendations in the report is that a toolkit should be developed for trading standards officers so that they know what powers they have and how they can deploy them most effectively, learning from the good practice in Angus and South Ayrshire. The more we can do to help local authorities to tackle problems at a local level, the better. I welcome Rhoda Grant’s comments, and I am keen to ensure that such help is provided.
How would the minister evaluate the success of the know the score helpline and website to date?
The website has been effective in that it has reached a large number of individuals. Know the score is a good source of information, which can be read by individuals at their leisure. There are no anonymity issues—people can learn about the challenges in their own time in their own space.
We have had some evidence of Facebook being used to promote the use of know the score. The campaign that was launched last year generated 11,000 clicks, with 5,000 additional people visiting the website over the month for which the adverts ran. We can do more to ensure that people are aware of where the information is and how they can access it. I know that agencies such as Crew and the local alcohol and drug partnerships make sure that local residents are aware that know the score is a valuable resource.
The know the score website is only one part of the picture. Another important part of what we propose to do is to use information on the internet, through glow, to educate children.
In many people’s eyes—including mine—the misuse of drugs legislation represents 45 years of failure. We must engage with people and give them an understanding of what we are talking about. In the meantime, the term “legal highs” continues to be used. Like the minister, I commend the work of Crew. Does the minister agree that education should be the primary vehicle for addressing the concerns that we all have?
That is probably true. We must deal with the immediate impacts on individuals, but in the longer term, given the number of such products that are coming on to the market, we must educate people—young people, in particular—about the risks that they face in using them. We know that many people who attend clubs are being presented with NPS as a so-called soft option or legal high. They might not be aware that that does not imply that the products in question are properly regulated or safe. The fact that they are professionally packaged leads people to think that they are safer than they are. In truth, when people take them, they cannot be guaranteed that they will get the same experience with one packet that they will get with another. In addition, new psychoactive substances have sometimes been cut with illicit drugs, so people might be taking something that is extremely powerful and which might do them enormous damage.
We must educate people and ensure that they do not use an NPS product without having a good grounding in the risks that they face. In that way, we might be able to deter people from using such products.
I thank the minister and members for keeping it brief—we can do it when we try.
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