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.”

New legal targets proposed for nature recovery

Further action to tackle the biodiversity crisis

Targets for nature recovery could be put into law in line with those for climate change, as part of a range of proposals to protect and restore Scotland’s natural environment.

The Scottish Government is asking for views on its plans and actions to accelerate nature restoration and regeneration. The consultation sets out the key elements of Scotland’s overall Biodiversity Framework, including:

  • Scotland’s Biodiversity Strategy – published in draft form in December 2022 – setting out goals of halting biodiversity loss by 2030 and reversing declines by 2045;
  • The first 5-year Delivery Plan to implement this strategy;
  • A set of principles to guide the delivery of key commitments to conserve 30% of land for nature by 2030 and expand ‘nature networks’ across Scotland;
  • Proposals for the upcoming Natural Environment Bill, including the introduction of statutory nature recovery targets which will be binding on government in the same way that climate change targets require Ministers work towards meeting net zero targets; and
  • Changes to National Parks legislation to strengthen the leadership role of National Parks in tackling the climate and biodiversity crises.

Biodiversity Minister Lorna Slater said: “We are at a tipping point for nature – it is in decline across the globe with around 1 million species already facing extinction. In Scotland alone, we have seen a 24% decline in abundance of wildlife since 1990; if we don’t take urgent action, nature in Scotland will continue to decline and important species will be lost forever.

“This week we have published our Programme for Government which recognises that the twin crises of climate change and biodiversity loss are global challenges of unprecedented proportions. Restoring nature will reduce carbon emissions, and tackling the climate crisis is essential if we are to prevent extinctions.  We must be both Net Zero and Nature Positive.

“A nature-positive Scotland creates great opportunities that will benefit people and communities throughout the country and particularly in rural areas. We want to work with everyone – with local government, local communities, organisations and environmental experts – to protect our precious natural environment for future generations.

“We are especially keen to hear the views of the stewards of our land and seas – farmers, gamekeepers and fishers who have the knowledge and skills to drive the transformation that is needed.”

Anne McCall, Director, RSPB Scotland said: “We welcome the Scottish Government’s ambition to drive forward and scale up action for nature – action which evidence tells us is needed now more than ever.

“We are at a crossroads, but this consultation gives me hope as it kickstarts a process that is the biggest opportunity for nature in Scotland that I’ve seen in my 25-years working in conservation.

“This is not just a big moment for nature, it’s important for every person in Scotland. Nature underpins our health, wellbeing, the air we breathe, water we drink, food we eat and much of our economy. Restoring nature will deliver many benefits including creating new jobs.

“RSPB Scotland will consider the proposals in detail and will no doubt have suggestions. That is why this consultation is so welcome: delivering the change needed for nature and people will require collaborative action across government, NGOs and the private sector and requires a collective discussion to ensure we get the plans right and then delivered successfully.”

NFU Scotland Director of Policy, Jonnie Hall said: ““As with climate challenges, active farming and crofting are critical to this nation’s biodiversity ambitions. With more than 70 per cent of Scotland’s land under agricultural management, farmers and crofters have a unique role in the stewardship of our habitats and wildlife. 

“Rural Scotland is a working landscape, with food production and economic activity being driven by sustainable land management. For nature to flourish, we need to enable those who manage our land to deliver multiple outcomes. 

“Enhancing our natural environment is clearly in the public interest and will deliver an array of public goods. But that cannot be sustained at private cost.  We have the clear opportunity to ensure our agricultural landscapes deliver the right outcomes for food production, climate, biodiversity and rural communities and a balanced approach to delivering on all four fronts is critical.

“We will encourage farmers and crofters to participate in this consultation as it offers an opportunity to shine a light on all the great work already being undertaken on farms and crofts as well drilling down on the full range of reasons that lie behind any biodiversity loss.” 

NatureScot Chair, Colin Galbraith said: ““Nature is in crisis, and we need to take urgent action now. This consultation is an opportunity for everyone to get involved in tackling the crisis in our natural world.

“We want to hear from the land managers, farmers and crofters already working to support and enrich wildlife, as well as from people in rural and urban communities who seek a fair and just transition to a nature-rich future for all.

“Now is the time to speak up for nature; to tell us what your priorities are for the future – we are listening.”

Tackling the Nature Emergency: Consultation on Scotland’s Strategic Framework for Biodiversity

What’s in the Programme for Government?

It’s a new term at Holyrood, and a new Programme for Government – the first for the new First Minister Humza Yousaf (writes Fraser of Allander Institute’s EMMA CONGREVE).

In terms of content, however, there are not a lot of new ideas to get excited about. This isn’t necessarily a criticism – we all remember the meltdown generated by a certain “mini-budget” statement made by the UK Government about this time last year. In addition, the public finances don’t exactly have a lot of give in them at the moment.

However (and this a criticism!) there are a few big issues that have been kicked into the long grass, yet again, some of which could raise money, others that could prove critical to preventing additional spend in the future.

Here is our first glance summary of what is on offer for the next parliamentary year.

A focus on rebuilding trust with business

The First Minister’s New Deal for Business Group was mentioned several times as a way the Scottish Government plans to rebuild relationships with business after a rocky few months in the Spring.

The FM has said the PfG is “anti-poverty, pro-growth”. The data we published last week showed that the Scottish Government does have some way to go to build trust with business.

There is a specific commitment to “work with business to identify and remove regulations that are no longer required, if a good case can be made”. It will be interesting to see how this works in practice – particularly given the recent response to concerns about the short-term lets regulations.

More widely on the economy, there is a commitment to a new Green Industrial Strategy. While many may welcome a clear expression of how the Scottish Government plan to grasp the economic opportunity presented by net zero, the thought of another Government strategy document may also fill some with horror.

Childcare

Widely trailed, the expansion of childcare makes up a key plank of the commitment to reducing poverty.

However, in terms of detail, there isn’t a lot to go on. A vague commitment to phase in funded support to those two-year-olds “who will benefit the most”, developing some evidence on what might be required for future expansion for those over nine months and at primary school, and testing a new digital service for parents managing their childcare is the extent of it.

We may have to wait till the Budget until we have any more clarity on what the scale of some the spend and outcomes here could be. There appears to be no commitment to expanding the childcare entitlement to two-year-olds on the same basis currently offered to three- and four-year-olds, though we can only infer that from reading between the lines of the document.

A figure of 13,000 additional children and families accessing funded childcare is mentioned, but it’s not clear what this this relates to or what this will do to reduce poverty. Overall, these announcements are unlikely to add up to a significant impact on child poverty numbers unless they are deployed at a much larger scale.

There is also a specific funding commitment for the next budget year to increase pay in the early learning and childcare sector to £12 an hour, in line with the commitment for social care workers. Given the recent concerns from the childcare sector about the viability of their operations, it will be interesting to see if this alleviates their concerns.

What wasn’t in there

There is scant mention of the National Care Service, other than the Bill will continue (“subject to the agreement of Parliament” which sounds fairly ominous), but we had previously been promised an update “after the summer recess” on what the Government’s updated plans (and associated costings) are. The Programme for Government would have been an obvious place to provide that update, but we shall have to wait a bit longer to see

On Council Tax, there will be a ‘continuation’ of the Joint Working Group to identify further reforms to council tax (we have a few ideas) and some new levers to be handed over to local government for empty and second properties. Nothing substantive here and another year, it seems, of everyone avoiding dealing with the thorn in the side of any claims that Scotland has a progressive tax system.

Little detail on fiscal trade-offs

In May, the Deputy First Minister presented the Medium-Term Financial Strategy (MTFS), in which outlined three pillars to achieving fiscal sustainability – spending decisions focused on critical missions, supporting economic growth and a strategic approach to tax policy – set against the backdrop of spending commitments in excess of funding by £1bn in 2024-25, rising to £1.9 billion by 2027-28.

At the time, the SFC expected a larger income tax reconciliation than has transpired, and the increased borrowing powers in the latest Fiscal Framework Agreement also help ease some of this, but we think the funding gap remains at around £600m – still a large number.

The Programme for Government adds little detail on how the Scottish Government will deal with this shortfall. There is a vague mention of “more effective targeting of existing provision and services to support those who need it most” in line with the MTFS, but no specifics on whether there will be cuts to programmes and if so, to which.

The list of public service reform activities, while welcome (who could object to cataloguing assets or trying to save public funds on estates?), is hardly transformational, and unlikely to go a long way towards addressing the funding gap.

There is also no detail on the direction of travel of the taxes the Scottish Government does control, with a tax strategy promised for May next year instead – and of course we will know more about plans for 2024-25 come Budget time, even if being clear in advance and about longer-term intentions would be more in line with the aim of being strategic in tax policymaking.

The First Minister did outline the intention to introduce a new Building Safety Levy akin to that legislated for by the UK Government for England and which will apply from next year, with the intention to make developers contribute to the cost of cladding remediation work.

But this is not part of current devolved powers, and so the Scottish Government would need to successfully negotiate that with the UK Government before even starting the lengthy process of introducing and designing a new levy. So it’s unclear when it could come into place, assuming the Scottish Government did get said powers.

As for revenues, clearly that depends on the tax rate – but that would have to be balanced against the Government’s intention to encourage further housebuilding. If it were to be levied at a similar rate to England, while it no doubt would raise welcome revenues, it would not be a major solution to the medium-term funding gap.

Looking ahead to the budget – on 14th December??

So, we’ll need to get the details on these trade-offs – and therefore the areas that will be bearing the brunt of any cuts – in the Scottish Budget itself. Given we’ve heard today that the UK Autumn Statement will be on 22nd November, the usual timing would mean the Scottish budget would be on 14th December.

We’ll have to wait for confirmation from the Scottish Government on the timing, which hopefully will come soon!

Developing Nature Networks

Additional £5 million from Nature Restoration Fund to enhance biodiversity

Scotland’s councils will invest £5 million this year to develop Nature Networks across the country to help tackle the nature and climate crises.

The funding from the Scottish Government will allow local authorities to develop new woodlands, hedgerows, wildflower meadows and ponds, as well as restoring and joining together existing natural habitats that are important for wild plants and animals. Nature Networks provide the opportunity to create and improve active travel spaces, mitigate against flood risk, and give spaces for people and communities to enjoy the natural environment. 

The Scottish Government has committed to ensuring every local authority has a thriving Nature Network. Using practical guidance, local authorities and communities can put in place projects that best meet their priorities for nature and climate change.

Local Government Empowerment and Planning Minister Joe FitzPatrick said: “We are facing twin climate and nature crises, and we have a responsibility to protect our natural environment for future generations.

“Local authorities have a key role to play through their engagement with communities to identify shared priorities and the projects that will best allow these to be met.

“The additional £5 million from the Nature Restoration Fund will allow councils to develop Nature Networks and build on the good work already delivered through support from the fund to support new, or to enhance existing, approaches to restoring biodiversity.

“One of the key drivers of biodiversity loss is changes to how land is used, causing habitats to be lost and/or broken up. Remaining habitats are often isolated and less resilient, meaning they struggle to support healthy plant and animal populations in the way they once did. If we are to reverse declines in biodiversity, it is vital to address this by developing robust networks for nature across Scotland.”

Jo Pike, Chief Executive, Scottish Wildlife Trust, said: “The Scottish Government has recognised that nature is in crisis and that concerted action will be required to tackle the twin crises of nature loss and climate change.

“We welcome the focus on nature networks as a way of stepping up our approach to bringing about nature’s recovery.

“Since 2019, the Scottish Wildlife Trust has been working with the City of Edinburgh Council, with input from a host of community organisations, to develop the Edinburgh Nature Network, which is the first of its kind.

“Every local authority is different but we hope that the methodology, which focuses strongly on local circumstances, will provide a sound foundation for work across Scotland.”

Local councils publish RAAC data

EIGHT EDINBURGH SCHOOLS AFFECTED

Inspections carried out by local authorities have shown that, at present, there are 16 council areas which have identified schools as containing Reinforced Autoclaved Aerated Concrete (RAAC). 

Local authorities have responsibility to ensure schools are safe for pupils, staff and all their users, and are carrying out inspections of school buildings to identify the presence of RAAC. Ministers have been clear to local authorities that those must be carried out as a matter of the highest priority and have offered assistance to councils in the matter where appropriate. 

Where RAAC has been identified, Councils have assured the Scottish Government that mitigations are in place in accordance with guidance from the Institution of Structural Engineers. 

The schools currently impacted are in the following council areas: 

  • Aberdeen City
  • Aberdeenshire
  • Argyll and Bute
  • City of Edinburgh
  • Dumfries and Galloway
  • Dundee City
  • East Ayrshire
  • East Lothian
  • Glasgow City
  • Highland
  • Inverclyde
  • Moray
  • North Ayrshire
  • North Lanarkshire
  • Perth and Kinross
  • West Lothian

Education Secretary Jenny Gilruth said: “The Scottish Government has been actively engaging with local authority partners, who have statutory responsibility for school buildings in Scotland, for some time.  

“It is important that there is transparency around the schools where RAAC has been identified and mitigations in place. Local authorities were asked to publish by today the data relating to impacted schools in their area given the seriousness of this issue and to ensure this data is freely available.

“I hope this provides reassurance to parents, carers, staff and pupils who may be concerned about the presence of RAAC in their learning facilities. I also expect the local authorities still to publish to do so as a matter of urgency. 

“Currently half of Scotland’s local authorities have identified RAAC in schools.  COSLA has confirmed that safety is their central consideration and that there is robust guidance that is followed by every local authority to ensure that those buildings are safe to be in for pupils, staff and the public. 

“This is in line with the existing guidance from the Institution of Structural Engineers who have advised us they do not believe there is sufficient grounds to update their advice.”

EDINBURGH REPORT:

Reinforced autoclaved aerated concrete (RAAC) is a lightweight construction material that was used in the construction of some public buildings between the 1950s and 1990s. It was mostly used mostly in flat roofing. Despite its name, it is very different to traditional concrete. It is aerated, or ‘bubbly’, and is therefore less durable than traditional concrete.

RAAC can be susceptible to failure when exposed to moisture. As a result UK Government has issued guidance to organisations across the UK to carry out check buildings where RAAC may have been used.

Since April 2023, we have been inspecting our schools to check for RAAC. The work is being carried out in line with UK Government advice. We have contracted independent structural engineers to do the surveys.

No schools have had to close as a result of RAAC. 

These are the schools affected and the mitigations that are in place (as at 8 September 2023):

  • Colinton Primary School – no impact on the school
  • Cramond Primary School – one classroom block is closed, temporary classroom units on site
  • Currie Community High School – access still available to dining hall, old gym block, assembly hall and an art classroom are closed. Newer gym block still in use, some gym classes taking place outdoors
  • Fox Covert/St Andrew’s RC Primary School – gym hall/dining hall closed but likely to re-open after remedial works; kitchen closed for longer term
  • Lorne Primary School – top floor currently closed while assessment takes place; classes relocated within the school.
  • Pentland Primary School – four classrooms, kitchen and supporting areas not in use; numbers restricted in dining hall
  • Trinity Academy – swimming pool, no impact as building has been closed since 2014
  • Trinity Primary School – a classroom area and kitchen not in use; temporary classrooms on site.

Scottish Government announces Public Inquiry into ‘butcher’ surgeon

Actions of Sam Eljamel and NHS Tayside to be examined

Health Secretary Michael Matheson has announced a Public Inquiry will take place into the conduct of former neurosurgeon Sam Eljamel.

Mr Matheson said that in light of the last week’s Due Diligence Review, published by NHS Tayside, he has now concluded a Public Inquiry is needed to get the answers to the questions patients have about the surgeon, who worked in Tayside between 1995 and 2013.

Individual former patients who have ongoing concerns will also be able to request an independent clinical review of their care and treatment by Mr Eljamel.

Mr Matheson said: “Many former patients still live with the consequences of being treated by Mr Eljamel and still have many unanswered questions.

“The report presented last week to the board of NHS Tayside outlines a number of failings that I believe can only be examined thoroughly by a public inquiry. It also brings forward significant information not previously known to the Scottish Government. Given the length of time since the first concerns were raised about Mr Eljamel, this raises real concerns.

“It is now clear that the Board’s governance obligations were not consistently met in respect of how reviews of concerns about Mr Eljamel were actioned.

“I consider that this now means that commissioning a full public inquiry under the terms of the Inquiries Act 2005, with the powers to compel witnesses, is the only route to determine what happened, what contributed to the failures described by NHS Tayside and what can be done to prevent this happening again.

“A full public inquiry will not necessarily answer the individual clinical questions of each former patient about their own particular circumstances. For that reason I do still consider that an individual clinical review of patients’ individual cases, where that is what individual patients want, remains necessary.

“This will allow a person-centred, trauma-informed review of each patient’s own clinical case, addressing their individual needs and circumstances and attempting to offer answers in a bespoke and personalised way that an inquiry may not.”

Further details of the Public Inquiry and the process for arranging individual clinical care reviews will be announced in due course.

RAAC: Reassurance given on building safety

The Scottish Parliament has been provided with an update on Reinforced Autoclaved Aerated Concrete (RAAC).

Shirley-Anne Somerville reiterated to MSPs that the Scottish Government continues to follow professional advice on RAAC, as it always has done and is working with local authorities and other partners to understand the extent of the issue.

Ministers have been reassured that the current guidance of the Institution of Structural Engineers and risk-based approach remains appropriate.

Addressing parliament, Ms Somerville said: “The Scottish Government and the wider public sector has already done much to understand the extent of RAAC issues in Scotland, and we recognise there is more to do. Everyone with the responsibility for building safety takes this matter very seriously.

“Local authorities have a clear responsibility to ensure their schools are safe for pupils, staff and all their users.  They are carrying out assessments of all their school buildings.

“We are aware that some parts of the school estate in some councils still need to complete full surveys. Ministers have been clear to authorities that these must be carried out as a matter of highest priority.

“Safety is the central consideration and there is robust guidance which is followed by every local authority to ensure these buildings are safe for the pupils, staff and the public to be in.”

COSLA President Shona Morrison said: “The first point to make is that there are many councils who own no buildings where RAAC is present.

“The safety of everyone in Scotland’s schools and all other council buildings is of paramount importance to councils. We treat the safety of everyone within our facilities extremely seriously.  Scottish local authorities are aware of the RAAC issue in buildings across some of their estates and have regular inspections, put in place mitigations as appropriate and closed some buildings where this is required.

“We would stress that some councils have no RAAC affected buildings. We would reiterate that safety is the central consideration and there is robust guidance to ensure these settings are safe for the public to be in.”

Social Justice Secretary‘s statement

Supporting a start-up Scotland

£1.5 million to open up entrepreneurial opportunities

The first phase of a new initiative to identify and nurture new entrepreneurial talent has been launched.

Funding of up to £1.5 million will be delivered through the Pathways Pre-Start Fund this financial year to provide support, mentoring and advice services for people thinking about taking the first steps towards creating a start-up company.

It will have a particular focus on closing the gender gap and widening participation in entrepreneurship, and is the first step to developing a pre-start network to bring more people into the entrepreneurship pipeline.

This week’s Programme for Government has committed to a further £15 million of investment in Scotland’s start-up community, encouraging entrepreneurs from all walks of life to start and scale their business.

To launch the Pathways Pre-Start Fund, Wellbeing Economy & Fair Work Secretary Neil Gray visited the offices of PwC UK in Glasgow to meet with members of the Black Social Entrepreneurship Programme, run by The School for Social Entrepreneurs in collaboration with PwC.

He said: “Through the jobs they provide and problems they solve, new businesses play a fundamental role in growing our economy while creating better futures for our people and communities. That is why we must inspire more Scots to view starting a business as a viable path.

“We want to cultivate a thriving, world-leading entrepreneurial ecosystem and our Programme for Government 2023/24 sets out a very clear vision and tangible actions to help this and future generations of entrepreneurs succeed.

“There is a moral and economic duty to do more to ensure women – indeed, every under-represented group – have the support and opportunities they need to start and grow successful businesses.

“Kick-started by immediate funding this year, our Pre-Start programme will play an important role in breaking down barriers and ensuring Scotland’s start-up community continues to flourish.”    

The Programme for Government 2023/24

Pay uplift promise for both health and social care and childcare workers

Scottish Government makes £12 an hour commitment

Private and voluntary sector staff working in Adult Social Care (ASC), Children’s Services (CS) and those who deliver funded Early Learning and Childcare (ELC) will receive at least £12 an hour under a new pledge made by the First Minister.

This uplift, announced in the First Minister’s first Programme for Government, will mean an increase of more than £2,000 a year for some staff in April 2024.

The £12 minimum pay rate represents an increase of 10.1% from the £10.90 minimum rate that was introduced in April 2023 for eligible staff in ASC and ELC.

For workers in CS who previously received National Minimum Wage, this increase will represent a minimum increase in pay of 15.2% compared to April 2023.

First Minister Humza Yousaf said: “Up to 100,000 workers will benefit from this policy. They fulfil a vital role in society, and we are immensely grateful for the contribution they make.

“Pay and conditions are of great importance in the wellbeing and retention of the social care workforce, and that is why we are committing to make sure staff in these vital services are paid at least £12 per hour.

“Four out of five people who will benefit from this uplift in pay are female. Increasing pay not only helps the workforce in question, but will also help achieve our wider priorities on child poverty, fair work, and post-Covid recovery in the health and care sector.”

The Scottish Government is working with COSLA and local authorities to support the implementation of this commitment and will set out further details in the coming months, building on the current guidance that supports implementation of the real Living Wage commitment.

Public Health Scotland welcomes consultation on single-use vapes

Action to protect young people and the planet

Single use vapes could be banned in Scotland, as part of plans to protect public health and the environment.

The Programme for Government outlined a commitment to take action to reduce vaping among non-smokers and young people and to tackle the environmental impact of single-use vapes, including consulting on a proposal to ban their sale and other appropriate measures.

Research suggests that almost one in five (18%) of adolescents have tried vapes. Zero Waste Scotland estimates that up to 26 million disposable vapes were consumed and thrown away in Scotland in the last year, with 10 per cent being littered and more than half disposed of incorrectly.

With millions of vapes littered every year, there is a significant and increasing cost to local authorities through litter clear up and waste management.

Following a request of Scottish Ministers, the Circular Economy Minister and Public Health Minister will meet with counterparts in the UK Government, Welsh Government and Northern Ireland Executive to discuss the findings of recent research and potential policy responses.

In addition, action to help ensure that children, young people and non-smokers do not use these devices will also be set out in this year’s refreshed Tobacco Action Plan, which will set out our road map to 2034.

After publishing his first Programme for Government, First Minister Humza Yousaf said: “Disposable vapes are a threat to both public health and the environment.

“We know that the bright colours and sweet flavours catch the eye of children and young people in particular. The World Health Organisation has said there is evidence to suggest that young people who have never smoked but use e-cigarettes, double their chance of starting to smoke tobacco cigarettes in later life.

“Last year we consulted on restrictions on the advertising and promotion of vaping products. Any action we seek to take will build on the regulations already in place to restrict the marketing, promotion and sale of vaping products to under 18s and the findings will be used to inform the refreshed Tobacco Action Plan.

“On the environment, the evidence is undeniable – from litter on our streets, to the risk of fires in waste facilities, there are issues which demand action.

“We will be working constructively with retailers and other stakeholders to come up with solutions. While we will be asking for views on a ban, we are also keen to explore other interventions that could have a more immediate impact. 

“Of course, this is not just an issue for Scotland – these problems are being experienced all over the UK and we will soon be holding discussions on potential solutions.”

Public Health Scotland (PHS) welcomes the Scottish Government’s commitment to consult on plans to ban the sale of single use e-cigarettes (also known as vapes), following today’s Programme for Government announcement.

PHS wants to see ambition and clear action around measures that will improve human health and protect the environment. A ban on disposable vapes is one example of a measure that can benefit both people and planet.

PHS is working with the Scottish Government, academics and the third sector to better understand and address this important issue.

Dr Garth Reid, Consultant in Public Health at PHS, said: “The rise in youth vaping in Scotland is deeply concerning. E-cigarettes contain nicotine which is addictive and the long-term negative impacts of vaping are not yet clear. They can be a gateway to smoking and are not products for children.

“PHS welcomes a ban on the sale of disposable e-cigarettes as part of a comprehensive approach to tackling youth vaping and wider efforts to improve population health.”

ASH Scotland is welcoming today’s Programme for Government announcement by the First Minister, Humza Yousaf MSP, that a consultation on banning the sale of disposable e-cigarettes will be carried out by the Scottish Government.

Sheila Duffy, Chief Executive of ASH Scotland said: “We have been alarmed for some time about the upsurge of children across Scotland using disposable e-cigarettes so welcome the Scottish Government’s commitment to consulting on proposals that include an outright ban on the health harming recreational vaping products.

“Young people who use e-cigarettes are three times more likely to start smoking cigarettes and only a ban would ensure the availability of single-use health-harming products that have become so popular with children are off the market as soon as possible.

“France is currently in the process of banning disposable e-cigarettes and their law could be enacted before the end of this year. Several other European countries are considering bans too so Scotland has a great opportunity to re-establish itself as a leading public health nation by prohibiting the sale or use of these products in 2024.

“Throughout the consultation period we expect the Scottish Government to ensure that interference by the tobacco industry and its vested interests, including retailers, to influence policy development is not permitted, as part of the good global health governance for which Scotland is known internationally.

“Under the World Health Organisation Framework Convention on Tobacco Control (FCTC) Article 5.3, WHO describes tobacco industry interests as ‘fundamentally and irreconcilably opposed’ to the aims of public health and, through their long record of denial and deceit, tobacco companies have shown they cannot be trusted to tell the truth about their own health harming products, and have sought to disrupt or delay health regulations designed to reduce use of tobacco and related products such as electronic nicotine and non-nicotine devices.

“By implementing a ban on the sale of disposable e-cigarettes, Scotland can start to address the exponential rise in young people vaping which is being driven by these products, safeguard public health and mitigate the environmental impacts.”