Recommendations & Conclusions
21 items
1
Recommendation
3rd report - Problem drug use in Scotla…
Rejected
We call on both Governments to adopt a balanced, evidence-based approach to problem drug use. (Conclusion, Paragraph 35)
Government response. The government rejected the implied call for legislative changes to permit harm reduction measures like safer drug consumption rooms or the provision of drug paraphernalia, stating such actions would be unlawful under current legislation and it has no plans for …
Scotland Office
2
Conclusion
3rd report - Problem drug use in Scotla…
Deferred
We recognise that the opening of The Thistle on a pilot-basis presents an opportunity to test the effectiveness of SDCFs in Glasgow’s unique context. We believe the evidence provided by the independent evaluation panel should be determinative in discussions about The Thistle’s future beyond the three-year pilot. If the evaluation …
Government response. The government deflected by discussing a Home Office licence issued for drug checking services at 55 Hunter Street, Glasgow, while clarifying that this licence does not cover The Thistle's safer drug consumption service.
Scotland Office
3
Conclusion
3rd report - Problem drug use in Scotla…
Deferred
A range of rationales have been given for why there is a need for The Thistle and what effect it is intended to have. This has been unhelpful to public understanding of the facility and may result in unrealistic expectations of its impact. Moving forward, it is imperative that the …
Government response. The government deflected by reiterating its commitment to an evidence-based drug policy and highlighting existing successful programs, rather than addressing the clarity of The Thistle facility's rationale and objectives as recommended.
Scotland Office
4
Conclusion
3rd report - Problem drug use in Scotla…
Rejected
The current Lord Advocate’s statement of prosecution policy has been pivotal in enabling The Thistle to open. However, the Lord Advocate’s prosecutorial discretion is not a substitute for a considered legal framework to enable and regulate safer drug consumption facilities. The Thistle’s current legal position creates potential risks for people …
Government response. The government rejected the call for a new legal framework for safer drug consumption facilities, explicitly stating it has no plans to amend the Misuse of Drugs Act 1971 to enable their operation in the UK.
Scotland Office
5
Recommendation
3rd report - Problem drug use in Scotla…
Rejected
There has been interest in establishing SCDFs in other parts of Scotland, and the Lord Advocate has indicated that she will consider any such applications on their merits. Rather than having multiple facilities with individual 48 prosecution policy arrangements, it would be more appropriate for them to operate on a …
Government response. The government rejects the recommendation for legislative action to provide a common legal basis for SDCFs, stating it has no plans to amend the Misuse of Drugs Act 1971.
Scotland Office
6
Conclusion
3rd report - Problem drug use in Scotla…
Given the severity of problem drug use in Glasgow, it is clear that decisive, radical action is needed. The Thistle is a gold standard facility and represents an intervention that is commensurate with the scale of Glasgow’s drug problem. However, it is also expensive. The Thistle could prove good value …
Scotland Office
7
Conclusion
3rd report - Problem drug use in Scotla…
However, any discussion of the cost of The Thistle must be considered in the context of Scotland’s drugs crisis, with 1,172 people having died from drugs in 2023 alone. While it is right that the cost of The Thistle is properly considered, it must be recognised that the scale of …
Scotland Office
8
Conclusion
3rd report - Problem drug use in Scotla…
It is also clear to us that SDCFs must not come at the cost of funding current recovery services. It is not an ‘either/or’. Rather, SDCFs are just one tool available to combat problem drug use, which is complementary to, and works in tandem with, recovery services. (Conclusion, Paragraph 84)
Scotland Office
9
Conclusion
3rd report - Problem drug use in Scotla…
The Thistle is an example of just one model of a safer drug consumption facility, and it is possible that others — such as mobile units — could provide more cost-effective solutions, or interventions better suited to the needs of local populations. There could be merit in exploring other service …
Scotland Office
10
Conclusion
3rd report - Problem drug use in Scotla…
Community support and the impact of the SDCF on the local community is of paramount importance to the success of The Thistle. While we are reassured that the ongoing independent evaluation is monitoring the levels of discarded paraphernalia and the wider impact on the local community, and recognising the international …
Scotland Office
11
Conclusion
3rd report - Problem drug use in Scotla…
A responsive communication strategy must be developed by The Thistle, agreed by the Community Forum, and put in place as soon as possible in order to support the community engagement and partnership working that is crucial to the success of the project. (Conclusion, Paragraph 104)
Scotland Office
12
Conclusion
3rd report - Problem drug use in Scotla…
It is vital that key stakeholders of The Thistle are engaged to address concerns about the impact of the facility and continue to work with the local community on how to address any concerns raised. We recognise that it may take time for the local effects of The Thistle to …
Scotland Office
13
Conclusion
3rd report - Problem drug use in Scotla…
Rejected
Drug trends in Scotland have changed and are changing. For The Thistle to be effective, it must be able to meet the needs of the population it is trying to help, which it cannot do without an inhalation room. As well as making the facility accessible to those who inhale …
Government response. The government rejects the idea of enabling an inhalation room at The Thistle, stating that providing equipment for drug inhalation is unlawful under the Misuse of Drugs Act 1971 and it has no plans for legislative changes.
Scotland Office
14
Recommendation
3rd report - Problem drug use in Scotla…
Rejected
The Lord Advocate believes that widening the statement of prosecution policy to allow an inhalation room to operate is undesirable and we understand the reasons she has given. However, given that expert medical advice suggests that allowing the inhalation of drugs would increase opportunities for harm reduction, any future application …
Government response. The UK Government rejects the recommendation, stating it does not support drug consumption rooms or the expansion of facilities for drug inhalation, and has no plans for legislative changes to enable them.
Scotland Office
15
Conclusion
3rd report - Problem drug use in Scotla…
Rejected
Having access to equipment such as single-use tourniquets, testing drugs onsite, and allowing visitors to inhale drugs have all been highlighted as key to The Thistle achieving its maximum effectiveness. Without these, a full and fair evaluation of The Thistle will be inhibited. (Conclusion, Paragraph 126) 50
Government response. The government rejects the implied need to enable access to equipment like tourniquets or allow drug inhalation at The Thistle, stating that such provisions are unlawful under the Misuse of Drugs Act 1971 and it has no plans to make …
Scotland Office
16
Recommendation
3rd report - Problem drug use in Scotla…
Rejected
If an application for exemptions from the Misuse of Drugs Act 1971 to enable the provision of medical equipment at The Thistle were made by Glasgow City HSCP or the Scottish Government, the UK Government should consider such an application on its merits, as evidence suggests this could enable The …
Government response. The government rejects considering exemptions for providing medical equipment at The Thistle, stating it does not support DCRs or expansion for inhalation and has no plans to change legislation.
Scotland Office
17
Recommendation
3rd report - Problem drug use in Scotla…
Not Addressed
The Home Office should urgently complete its assessment of The Thistle for a drug checking licence and should ensure any necessary support is provided to ensure The Thistle is successful in its application. The Home Office should provide an update on the progress of the drug checking license in its …
Government response. The government clarifies that a controlled drug licence was issued in October to the Greater Glasgow and Clyde NHS Board for a separate drug checking service, and this licence does not cover The Thistle itself.
Scotland Office
18
Recommendation
3rd report - Problem drug use in Scotla…
Acknowledged
The Minister has stated that the UK Government will consider the evidence emerging from the pilot. However, it was clear from the Minister’s evidence that the Home Office will not make legislative changes, even if the evaluation finds that the facility has been effective in meeting its aims. The UK …
Government response. The government acknowledges its commitment to an evidence-based approach to drug policy within the law, citing various existing evidence-based programs as examples.
Scotland Office
19
Recommendation
3rd report - Problem drug use in Scotla…
Acknowledged
The UK Government must demonstrate that it has an evidence-based approach to policy making and will consider the independent evaluation of The Thistle. Any intervention found to be effective at saving lives and reducing harm should not be dismissed. (Recommendation, Paragraph 136)
Government response. The government acknowledges its commitment to an evidence-based approach to drug policy, citing existing programs like Individual Placement and Support, naloxone availability, and heroin-assisted treatment.
Scotland Office
20
Conclusion
3rd report - Problem drug use in Scotla…
Rejected
Without the UK Government’s approval or a change in legislation, The Thistle and potential other Safer Drug Consumption Facilities could, theoretically, continue to operate in Scotland indefinitely but this is not a desirable situation as their status would be precarious and uncertain. (Conclusion, Paragraph 137)
Government response. The government acknowledges devolved responsibilities but reiterates its stance of having no plans to amend the Misuse of Drugs Act 1971 to enable DCRs, thus maintaining the 'precarious and uncertain' status highlighted by the committee.
Scotland Office
21
Recommendation
3rd report - Problem drug use in Scotla…
Rejected
If the independent evaluation of The Thistle deems the pilot a success, and the Scottish Government proceeds to make The Thistle permanent, and perhaps to open further SDCFs, the UK Government should work with the Scottish Government to make the necessary changes to reserved legislation to ensure there is a …
Government response. The government rejects the recommendation for legislative changes to support SDCFs if The Thistle pilot is successful, stating it has no plans to amend the Misuse of Drugs Act 1971.
Scotland Office