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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 10 February 2025
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Displaying 349 contributions

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Meeting of the Parliament [Draft]

Alcohol Use Disorder in the Justice System

Meeting date: 6 February 2025

Elena Whitham

I thank colleagues from across the Parliament for supporting my motion, which has enabled me to bring to the Parliament’s attention the recent report “Alcohol (In)justice—Position on people with an alcohol use disorder in the justice system” by Scottish Health Action on Alcohol Problems. I welcome representatives from SHAAP to the chamber.

The play on words in the title of this critical report is in itself a lightning rod that we should all be coalescing around. Alcohol is a recurring feature in our justice system and the link between alcohol and crime is well understood. That, in turn, highlights the injustice that is faced by many when alcohol use disorder impacts on the individual, the family and their community.

Inequality is at the heart of the issue, and the human cost is staggering, but it goes wider than that—it impacts on all public services, and the cost to the public purse is considerable. Repeated interaction with the criminal justice system, driven and exacerbated by alcohol use, creates impacts that ripple through every area of life, such as repeated contact with police and courts, repeat periods of incarceration, repeat homelessness, social work interventions, loss of employment or employment opportunities and poor health that results in increased need for national health service interventions, including costly unscheduled care.

I believe that the case for change that is set out in the report is clear. The number of people with alcohol use disorders in our Scottish justice system is disproportionately high compared with the figure for the population at large and, although we are working hard on our imprisonment rate, we still have the highest rate in western Europe. We know that 63 per cent of people in prison have an alcohol use disorder, with 31 per cent of those individuals possibly being alcohol dependent. The risk of death from alcohol causes is three times higher in men who have been in prison, and a staggering nine times higher for women who have been in prison, than it is for the rest of the general population.

If we consider adverse childhood experiences and trauma, we find that 25 per cent of people in Scottish prisons are care experienced, 47 per cent have experienced physical abuse in childhood, and around a third lived with someone who was a problematic drinker during childhood. Inequality and disadvantage are pervasive in the justice system. I saw that over and over again when I worked in front-line homelessness services.

If we think in resourcing terms, we find that the overall estimate for the yearly cost to public services of alcohol-specific and alcohol-related offences is between £462.5 million and £991.7 million, with a midpoint of £721.1 million. It is important to note that those figures have not been re-estimated since 2007-08 and that the true figure is likely to be much higher.

The SHAAP report calls for a system that truly integrates health and justice; that provides treatment options and community disposals instead of incarceration, where appropriate; and that offers support at every stage of an individual’s journey, from arrest to sentencing and beyond. That is not just a humane approach—it is an effective one.

We know that addressing the root cause of problematic alcohol use through targeted interventions can reduce offending and lead to better outcomes for individuals and for society as a whole. However, the reality is that the 2019 Scottish prisoners survey showed that

“only 22% of participants reported that they had been given the chance to receive treatment for an alcohol use disorder during their sentence.”

The survey also revealed that

“40% of prisoners involved reported being drunk at the time of their offence”

and that nearly

“one fifth ... of prisoners who took part in the survey were worried alcohol would be a problem ... when they got out.”

Encouragingly, however,

“Forty one percent of participants said that if they were offered help for their alcohol use disorder (both inside and outside of prison) ... they would take it.”

The key recommendations from SHAAP that are outlined in the report are that, at each stage of a person’s interaction with the justice system, alcohol issues should be recognised, properly assessed and acted on, with key agencies having accountability. Accountability is key. In police custody centres,

“There should be a standard in place for the identification and treatment of people with an alcohol use disorder ... for the police and NHS ... staff.”

That would include referral to healthcare or addiction services, appropriate tools being used for alcohol use screening and appropriate actions being taken, including alcohol brief interventions or arrest referral for alcohol treatment and support.

The report says that, for alcohol brief interventions in justice settings,

“delivery sits at about 29% in prison and 3% in police custody”.

Those figures urgently need to rise. Those who are identified as needing support should be flagged so that their support needs are known throughout their journey in the criminal justice system. If fulsome information was provided on the standard prosecution report, that would also help to support the procurator fiscal when looking at suitability for diversion from prosecution.

We know that referrals to drug and alcohol specialist treatment have fallen in Scottish prisons in recent years, and work is under way by Public Health Scotland to understand why that is the case. That is part of wider work on overall reductions in referrals to alcohol services in general. The Scottish Government is also working on a national service specification for alcohol and drugs. That represents an ideal opportunity to publish a clear specification for justice settings, as well as to develop standards for alcohol treatment and support at each stage of the justice system, which will help to embed treatment and recovery communities across the justice sector.

Recent broader approaches to justice, such as Public Health Scotland’s health and justice programme strategy and the Bail and Release from Custody (Scotland) Act 2023 demonstrate that there is a will to change, but the separation of powers and the independence of decision making between the organisations and bodies that are involved in the justice system can pose a challenge for the overall co-ordination of care and support. We need enforceable standards with clear lines of accountability so that those recommendations can be implemented and so that people do not continue to fall through the cracks.

Planning for release should happen when someone arrives in custody, so that we can ensure that they have been linked with recovery services and support as well as housing and welfare provision well ahead of their release. We should also seek to maximise the role of recovery communities and Alcoholics Anonymous, which can help people to work through those issues. Reports suggest that, with consistent access to AA meetings, attendees have reduced cravings, stronger coping strategies and improved engagement with other rehabilitative programmes. Participants who continue with AA after release credit it with helping them to secure employment, rebuild family relationships and remain sober in the community.

The same can be said when people are proactively linked into recovery communities once they have returned home. When I was a minister, I was privileged to visit the Glasgow drug and alcohol courts and watch them in action. I was mightily impressed by the problem-solving attitudes of those sheriffs and their shared desire to drive systems change. I also spoke to other sheriffs right across Scotland who shared the problem-solving ethos and a desire to understand what drives offending and what interventions, diversions and community justice disposals could deliver better outcomes.

That attitude must become the default if we want to sever the link between alcohol and crime. It is not soft justice—it is smart justice. I look forward to hearing from colleagues across the chamber and from the Cabinet Secretary for Justice and Home Affairs, who I know is as passionate about the issue as I am.

12:56  

Meeting of the Parliament [Draft]

General Question Time

Meeting date: 30 January 2025

Elena Whitham

To ask the Scottish Government how it is supporting the public and private sector to develop carbon literacy skills. (S6O-04272)

Meeting of the Parliament [Draft]

General Question Time

Meeting date: 30 January 2025

Elena Whitham

Scotland was one of the first countries in the world to acknowledge that we face a climate emergency. Does the minister agree that, to inspire changes in behaviour and improve our environment and the quality of people’s lives and wellbeing, as well as the places that they care for, it is crucial that we take every step possible to support the upskilling of businesses and organisations, such as through the carbon literacy courses that The Way Forward 2045 delivered in my constituency?

Meeting of the Parliament [Draft]

First Minister’s Question Time

Meeting date: 30 January 2025

Elena Whitham

Recent research from Pro Bono Economics has found that disability benefits improve people’s health and wellbeing and are more positive than costly for the economy. Meanwhile, the United Kingdom Labour Government has proposed cutting UK disability payments, as we have heard from my colleague Collette Stevenson, which has caused widespread concern among stakeholders. What assessment has the Scottish Government made of that new research? Can the First Minister provide assurances that, unlike the UK Government, the Scottish National Party Government in Scotland will continue to deliver social security that is based on the principles of dignity and respect?

Meeting of the Parliament

Storm Éowyn

Meeting date: 28 January 2025

Elena Whitham

My heart goes out to Mr Carmichael’s family, who are my constituents.

What powers does the Scottish Government have to compel employers to act earlier to close businesses once a red weather warning has been announced, noting that such warnings are rare and are given when dangerous weather and threat to life are predicted?

Meeting of the Parliament [Draft]

Fatal Accident Inquiries (Deaths in Custody)

Meeting date: 23 January 2025

Elena Whitham

None of us here can adequately understand the grief that the families are shouldering, but all of us must understand that it could happen to us and our families at any time. I recognise that it can take time for legislation to be developed, consulted on and dealt with in the Parliament but, given the urgency and the immediate needs of families who are faced with circumstances and tragedies such as those that we heard about from Pauline McNeill, can the cabinet secretary provide a timescale for introducing legislation on swift and universal legal aid for families for fatal accident inquiries?

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 22 January 2025

Elena Whitham

I share the concerns expressed in the member’s question.

Will the minister explain how the cumulative impact of trade deals that deliver nothing to the primary producer, together with the uncertainty about future levels of funding and the potential threats to Scotland’s future support schemes posed by the United Kingdom Internal Market Act 1998 and the Subsidy Control Act 2022—all of which was presided over by Douglas Ross’s party and which he supported—have exacerbated the very issues that Douglas Ross brings to the chamber today?

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 22 January 2025

Elena Whitham

It is important to recognise the unwavering support and dedication of families with neurodivergent children. I am part of such a family and can attest to the extreme challenges that you face in seeking to secure access to diagnosis and support.

Can the minister please provide an update on what further intended actions the Scottish Government is taking, both in the 2025-26 budget and in the longer term, to best support families of neurodivergent young people in alleviating the difficulties that they face?

Meeting of the Parliament Business until 14:51

Portfolio Question Time

Meeting date: 22 January 2025

Elena Whitham

It is important to recognise the unwavering support and dedication of families with neurodivergent children. I am part of such a family and can attest to the extreme challenges that they face in seeking to secure access to diagnosis and support.

Can the minister please provide an update on what further actions the Scottish Government is taking, both in the 2025-26 budget and in the longer term, to best support families of neurodivergent young people in alleviating the difficulties that they face?

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 9 January 2025

Elena Whitham

I know that the minister will be aware of Education Scotland’s wonderful cyberfirst girls competition, designed to help girls enter the world of cyber technology and security, in which Girvan academy in my constituency recently made the shortlist of 10 finalists. Noting that fantastic achievement, does the minister agree that it is vital that continued support is provided to equip our young girls with those much-needed skills to engage, nurture and inspire them to enter the field of computer sciences, providing them with the skills that Scotland’s technology sector and wider economy will fundamentally depend on?