Green light for Safer Drug Consumption pilot?

Minister welcomes statement from Lord Advocate

An announcement by the Lord Advocate, that it would not be in the public interest for people using a pilot Safer Drug Consumption room to face prosecution for possession within the facility, has been welcomed by the Drugs and Alcohol Policy Minister Elena Whitham.

Dorothy Bain KC’s indication that she would issue a public statement of prosecution policy removes an obstacle to establishing the first official Safer Drug Consumption Facility in the UK.

It follows her independent consideration of a detailed proposal for a pilot developed by Glasgow City Health and Social Care Partnership (HSCP) and Police Scotland, facilitated by the Scottish Government.

Today’s news means Glasgow HSCP can take plans to establish the facility to the Glasgow City Integration Joint Board for approval.

Drugs and Alcohol Policy Minister Elena Whitham said: “I welcome the position the Lord Advocate has taken.

“Glasgow authorities may now progress their proposal to set up a facility which can operate within the existing legal framework. While the service would still be limited to some extent, due to the reserved Misuse of Drugs Act, we are confident it would save lives.

“This is not a silver bullet. But we know from evidence from more than 100 facilities worldwide that Safer Drug Consumption Facilities work. It is now time to see this approach piloted in Scotland.

“It’s vital this pilot has the full confidence of the general public as well as those who use the facility, and the leadership of Glasgow and Police Scotland will help ensure it is introduced as quickly as possible.

“Through our £250 million National Mission, we are doing everything within our powers to tackle drug deaths in Scotland. However, the number of deaths is still too high and we must use every means at our disposal as we face future challenges, including the increasing threat from synthetic opioids.”

Assistant Chief Constable Gary Ritchie said: “Police Scotland is committed to working in partnership to reduce the harm associated with problematic substance use and addiction.

“Our approach to any initiative aimed at tackling these harms will be to establish how best policing can support it within the confines of the law.

“It is important to note that existing legislation will not be changing and, while we may take an overall supportive policing approach, police officers will still be bound by their legal duty to uphold the law and will not be able to simply ignore acts of criminality which they see occurring.” 

Susanne Millar, Chief Officer for Glasgow’s Health and Social Care Partnership, said: “We welcome the position from the Lord Advocate and the positive response on plans for a Safer Drug Consumption Facility to operate in Glasgow. 

“A large body of evidence already exists from around the world which demonstrates that Safer Drug Consumption Facilities can save lives, as well as reducing the spread of blood-borne viruses and cutting levels of publicly discarded injecting equipment.”

Salmond Inquiry: Key legal advice to be released

The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.

Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.

Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.

Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.

“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.

“Serious allegations have been made. This material allows people to confirm that these allegations are false.

“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.

“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”

The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.

The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.

Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.

This was the THIRD time parliament had requested the release of the papers.

If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.

If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.

Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.

Lord Advocate to deliver fourth Chancellor Talk

JamesWolffe

SCOTLAND’S senior law officer will explore the concept of a free society in a public event at Edinburgh Napier University. Lord Advocate James Wolffe QC, head of the country’s prosecution system, is to deliver a talk entitled The Law, Democracy and Fundamental Rights. Continue reading Lord Advocate to deliver fourth Chancellor Talk