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Drug Consumption Rooms

Letter from Rt Hon Kit Malthouse MP, Minister of State for Crime, Policing and Probation to Angela Constance MSP, Minister for Drugs Policy, 10 January 2022

Dear Angela,

Thank you for your letters of 8 October and 25 November 2021 about Drug Consumption Rooms (DCRs) and the accompanying evidence paper provided. Thank you also for your letter of 22 December 2021 about our new Drug Strategy, which we are really pleased to have published. Please accept this response as a response to all three letters, and I apologise for the delay in responding to you.

In your letters you noted we discussed the issue of DCRs when we met in August last year. We have since had the opportunity to discuss it at the UK Drugs Ministerial in Belfast on 11 October. As I said on those occasions, I remain open to any further evidence on these facilities.

My officials have reviewed the evidence, and while it flagged a range of health and social benefits, evidence tended to be outdated and focused on a small number of locations. Testing the stand alone benefits of DCRs is difficult as these services do not operate in isolation, rather with a range of other support and interventions, making the impact of a DCR alone unclear.

DCRs remain controversial, and there are significant issues which the current evidence base does not address, such as the challenge for law enforcement of how to enforce the law in or around a facility and how to retain our clear approach to offences of drug supply and possession, the risks for those running a facility in the event that harm occurs to users or staff and the broader impact of DCRs on social attitudes towards drug use including whether they lead to an overall reduction in drug misuse. The primary issue remains that a range of crimes would be committed in the course of running such a facility, by both service users and staff, such as possession of a controlled drug, being concerned in the supply of a controlled drug, knowingly permitting the supply of a controlled drug on a premises or encouraging or assisting these and other offences.

To have the necessary legislative framework that establishes an appropriate system for licensing and oversight, addressing the scope of exemptions from the criminal law, and deals with issues of civil liability would require Primary Legislation, which as you know would take time. We must first and foremost look at what immediate steps can be taken to address drug misuse, especially in relation to investment in treatment. Given that this Government is not currently minded to legislate for DCRs, and were a licence application successful, it could only enable some activities to be undertaken lawfully. A valid licence could not provide exemptions for any offences or civil liabilities that may arise under common law or other legislation.

Given the significant challenges of offences and liabilities associated with a DCR which a licence under the Misuse of Drugs Act could not overcome, how would you propose to
deal with the risks under the pilot scenario you propose? For example, the risk that those operating any facility could commit criminal offences, including providing paraphernalia for drug consumption for example, or be liable for damages in negligence should an individual suffer harm or die in the operation of a DCR. These are vital considerations given the inherent risk that would be involved were any decision to be made to trial such a facility.

Another issue you raised when last we spoke is your desire to establish drug checking facilities for the most vulnerable of users in Scotland. I have asked my officials to discuss
this with yours and to offer advice on the concerns we have about these services as well as support and guidance on the process of applying for a Home Office licence for such
facilities. The decision on whether to issue a licence will of course be taken on a case-by case basis taking account of the safeguards a provider can demonstrate that they have in place and may require a compliance visit by the Home Office Drugs and Firearms Licensing Unit.

You also note that heroin assisted treatment (HAT) does not feature in the new Drug Strategy. While it is not mentioned specifically, this continues to be an option open to local areas under the existing legal framework and the Government supports areas that pursue this approach where the relevant licences are obtained from the Home Office. HAT is a recognised clinical intervention in clinical guidelines for clients who have not responded to optimised oral opioid substitutes. However, commissioning and implementing HAT is very much a local healthcare decision on the basis of an assessment of local need.

More broadly, the new Drug Strategy puts evidence at the centre of our approach. As you know, the strategy is strongly informed by Dame Carol Black’s review, which brought together years of research and investigation into the treatment and recovery system and we have accepted all of her key recommendations. In addition, we have committed to building the evidence base where we recognise there are gaps, including looking at how we can shift attitudes to so-called ‘recreational’ drug use. You will note that the strategy includes reference to the Scottish Drugs Deaths Taskforce and its work to develop evidence-based approaches, including on drug treatment.

This is a long-term strategy which we will continue to develop and refine, informed by further engagement with experts, people with lived experience, and partners in the field to do this. As recommended by Dame Carol, we remain committed to a whole-system approach which balances efforts to reduce the demand for drugs and supporting treatment and recovery with activity to cut the supply of illicit drugs.

Now that the strategy is published, UK Government officials will work with your officials to discuss the detail and ensure we have a shared understanding of any UK-wide implications.

I want to thank you for your continued dialogue on these important issues and look forward to our ongoing collaboration in tackling drug harms across the UK.

Rt Hon Kit Malthouse MP