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The proposal currently with COPFS officials was developed by Glasgow Health and Social Care Partnership (HSCP) not the Scottish Government

Police Scotland have been involved in discussions about the establishment of a safer drug consumption facilities (SDCF) for a number of years, since Glasgow HSCP first proposed establishing one.

The Lord Advocate, in a statement to the Justice Committee in November 2021, was clear that any new proposal for an SDCF would, before it could be brought to the Lord Advocate, need to be, amongst other things, supported by those who would be responsible for policing such a facility, and by Police Scotland Official Report (parliament.scot) .

The initial proposal that was submitted to COPFS officials in June 2022 included a paper from Police Scotland. Scottish Government officials understand that COPFS and Police Scotland officials have had further discussions since then.

Public Health Scotland were not involved in discussions around the current proposal for an SDCF.

The Lord Advocate provided specific parameters, which were set out in a statement on 3 November 2021, it stipulated in order for a new proposal to be considered it would need to be precise, detailed and specific, which was underpinned by evidence and supported by those who would be responsible for policing such a facility, and by Police Scotland.

The current proposal, as developed by Glasgow Health and Social Care Partnership, is only for a site within Glasgow.

The current legal framework for Drug Checking facilities comes under the Misuse of Drugs Act 1971 and an amendment to the act in relation to ‘Controlled Drugs’ which provides authorisation via the use of a license. The license can be applied for through the UK Home Office.

Scottish Government Officials will continue to work with Home Office colleagues as license applications from the proposed pilot cities progress. Police Scotland have also been involved in this work, alongside Crown Office.

The Medicines Act 1986 is governed by the UK Parliament. This means that any legislative changes in relation to the act are fully reserved to the UK Government and its ministers.

However, continuing the work done to make naloxone more widely available during the COVID-19 pandemic, Scottish Government officials are engaged with both COPFS and colleagues in the UK Office for Health Improvement and Disparities to ensure that those changes remain in place in Scotland. Following the 2021 consultation carried out by the UK Government into expanding the access to naloxone, Scottish Government officials are working with UK Government colleagues to push for amendments in current legislation at a UK level to ensure those changes introduced in Scotland are made permanent.

The Scottish Government facilitated discussions between Glasgow Health and Social Care Partnership and Police Scotland, both of whom input into the proposal, which was developed by Glasgow HSCP, for a Safer Drug Consumption Facility prior to it being sent to COPFS.

The proposal for a SDCF which could operate within current legislation, and which would suit the parameters set out by the Lord Advocate in November 2021, was shared with COPFS on 22 June 2022.

This was a proposal developed by Glasgow Health and Social Care Partnership and Scottish Government facilitated that development.

Further to the recommendation of the Drug Death Taskforce we are continuing to work with the UK Government and other devolved administrations regarding the expansion of access to drug paraphernalia.

This includes the provision of smoking inhalation devices which have been seen as an essential harm reduction tool for those smoking crack cocaine. The distribution of these devices would require an amendment to the Misuse of Drugs Act 1971. As this legislation is reserved, such an amendment is not within the competence of the Scottish Parliament.

The intention is that fares policy will be reviewed through the Fair Fares Review and Islands Connectivity Plan. Decisions will be taken on implementation in due course.

Some work had commenced with the commercial operator to consider potential options to put in place a compliant RET scheme, although this work has not progressed as quickly as we would have hoped due to other priorities in supporting ferry services.

Applying RET fares on Scottish Government funded services to the Northern Isles routes has previously been considered as potential high risk of distorting the Pentland Firth market and open to challenge. Further discussion and agreement with commercial operators would be required for this to be a viable option.

The following table shows the average (median) and longest continuous time (expressed in days) spent on remand before transition to the sentenced population or departure, in 2020-21 and 2021-22. Data for 2022-23 is not yet available.

Table 1: Average (median) and Longest (Maximum) Number of Days Spent of Remand

As of the morning of 1 August 2023 there were 2,275 people on remand. The following table shows the average (median) and longest (maximum) continuous time (expressed in days) spent on remand, by ethnic grouping.

The start date of this collection imposes an upper limit on the continuous time to date spent on remand of 1,225 days. Less than five individuals were at that limit, held under the Extradition Act 2003 (S8).