Source · Select Committees · Scottish Affairs Committee
Recommendation 4
4
Rejected
The Thistle's current legal position creates risks for operators and users lacking a full framework.
Conclusion
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 operating and using the facility. While the operators of The Thistle have reassured the Lord Advocate that the possibility for offences other than possession can be mitigated through strict standard operating procedures, only a full legal framework can offer certainty to the people who are operating and using the facility. (Conclusion, Paragraph 67)
Government Response Summary
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.
Government Response
Rejected
HM Government
Rejected
The UK fully recognises the Scottish Government’s need to tackle drug misuse in areas where responsibility is devolved, including healthcare, criminal justice, housing, and education. The legislative framework for drugs works as intended, enabling harmful substances to be controlled whilst ensuring access for those with legitimate reasons including researchers, pharmaceutical companies, clinicians and patients in receipt of valid prescriptions. The Government has been clear that it has no plans to amend the Misuse of Drugs Act 1971 to enable the operation of DCRs in any part of the United Kingdom. The Thistle is subject to an independent evaluation, and we will welcome any evidence that emerges as part of that following the three-year pilot. 6