Hansard

Thank you, Presiding Officer, for the opportunity to make a statement today on new psychoactive substances—substances whose sale is not restricted but which, if taken by an individual, mimic the effects of controlled drugs and can be just as harmful and can in some cases have fatal consequences.

I want to bring the chamber up to date with the latest developments and with what the Scottish Government is doing in response. The challenges and, therefore, my announcements today are not only from an enforcement perspective but are also in respect of our education efforts. Those challenges have been well rehearsed in the chamber, and I have been struck by and am grateful for the consensual nature of the debates on this issue, and the good will and well-informed contributions from members.

Members will no doubt agree with me that the biggest difficulty, and perhaps frustration, is that the existing legislative framework enables the substances to remain legal in situations in which they are not knowingly sold for human consumption and do not thereby come under the traditional radar of the Misuse of Drugs Act 1971, on which we have relied to control drugs.

To that end, I am pleased to announce that the expert review group that was established by my predecessor has presented its report to me, and that that has been published today. It makes a number of key recommendations not only on how the existing legal framework might be strengthened with regard to the available law but on how it can be made to work better in practice.

I am pleased to advise the chamber that, on behalf of the Scottish Government, I am minded to accept the recommendations of the report, and I wish to record my thanks to all who directly contributed to this work, and to those who offered the group insights and expertise from the field. Members will appreciate that I have received the report only today, but I wanted to place this in the public domain to alert members to its findings.

Members have my commitment that the recommendations will be taken forward with vigour and with priority and in a spirit of collaboration and consensus, where that can be found.

One of the clear barriers to progress is identifying a shared understanding of the problem. In particular, there is a need for a clear and practical definition of NPS; more evidence of the harms that are being caused in the immediate, medium and long term; and better data collection and sharing across the range of public services. I heard that directly yesterday from our NPS evidence group, which is a parallel group of experts that has been brought together by the Scottish Government to review the available evidence on NPS.

I am pleased to further announce that that group will be working to develop a definition of NPS that can be used consistently across different sectors. That will assist the courts, forensic experts and those supporting people using NPS. The group will also be reviewing existing systems of data collection and information sharing to improve our knowledge of the extent of NPS use and the associated harms. The particular recording difficulties in respect of accident and emergency departments have been raised before in the chamber.

In addition to the work of the evidence group, I am delighted to announce that the Scottish Government will shortly be commissioning specific research to enable us to better understand the prevalence and harms of NPS use within specific vulnerable sub-groups of the population.

Stakeholders across Scotland have raised concerns about the use of these substances among vulnerable young people, adults with mental health issues and injecting drug users. Evidence about the use and harms of NPS within those groups is very limited and there are concerns that the consequences of NPS use among them might be particularly severe. The position is exacerbated by the alarming number of new NPS products that appear on the market each year.

I recently visited Forfar police station, in Angus, and heard at first hand about the proactive, multi-agency approach that has been taken by local police, trading standards officers, the Crown Office and Procurator Fiscal Service, community campaigners and others in Tayside to tackle NPS. Operation carinate targeted individuals and premises that sell NPS; officers used common law and trading standards regulations at premises selling NPS. That action has resulted in the closure of premises selling NPS and is an example of good practice, with a number of agencies and communities working in partnership to tackle NPS. Partners in Angus indicated that the action has reduced NPS purchases in their area, but it is still early days.

Only last month, I had the opportunity to close a members’ business debate, on a motion submitted by Alex Johnstone, on the “New Psychoactive Substances Needs Assessment for Tayside, 2014” report. In preparation for that debate and during my subsequent visit, I was struck by the excellent work that is being done to tackle the issues that the substances are causing for local communities

I have also become aware of the significant degree of consensus across the political spectrum in the chamber on this challenge, and the recognition that there are no easy answers to the questions that are posed by NPS. As I take forward the range of matters that are discussed in the report, I extend an invitation to my colleagues from across the parties in the chamber to join me in a ministerial cross-party group on NPS. I will write to colleagues regarding the details of that in the near future. In essence, the group will continue to examine the work that is under way, will build a shared understanding of the problem, will hear from experts in the field and will oversee the work as it unfolds.

Our education efforts must also continue. Our drugs campaign, know the score, continues to offer reliable and non-judgmental advice on drugs—including new psychoactive substances—and their risks via a free helpline and website. We also support choices for life, which is delivered in partnership with Police Scotland. It is a drugs, alcohol and tobacco education programme for schoolchildren across Scotland that is supported by an information website. Choices for life will shortly release a video of the dangers of NPS via the glow online learning portal for schools. I have also seen at first hand the work of Crew 2000, which is another excellent partnership that we have in place. On my visit to Crew 2000, I learned a great deal about the harmful effects of NPS, as do the individuals with whom the project engages on a daily basis, including the families of those who are using NPS.

I would like to examine with the ministerial cross-party group how we might better connect with young people and exploit social media to educate young people about the risks that they face if they use NPS. I would also like parliamentary colleagues to work with me to examine how we might work with the Scottish Youth Parliament to raise the profile of NPS and to support it to complement the efforts of this Parliament.

A specific recommendation of the expert review raised the need for a first-class forensic capability that can develop clear standards to support the fast provision of accurate information on NPS not just to those in enforcement but to those in critical areas of the health service such as accident and emergency departments. I am already in discussion with forensic services and the Scottish Police Authority on how we can take that forward. The work is particularly important given that there is evidence from Wales of the substances increasing in strength. I hope that the ministerial cross-party group will oversee the development of a national centre of excellence.

There is a specific recommendation for new legislation to be introduced, and I recognise and acknowledge the potential role of the United Kingdom Government in securing new arrangements to bring NPS under legal control. The Home Office has been helpful and co-operative in the work of the expert group, and I will meet my counterpart, Lynne Featherstone MP, to press her on supporting us to bring these substances under legal control in Scotland.

The report of the expert group has been published today, and I have made a number of immediate announcements on commissioning research on the prevalence of NPS and the harm that they cause. We are beginning work on a definition to guide those in the field as part of an immediate response. I have also invited parliamentary colleagues to join me in considering the work in more detail, including overseeing an increased effort to educate young people and develop a first-class forensic service to strengthen our response.

I am encouraged that the expert review concluded that a range of existing powers can be used to tackle the sale and supply of NPS and that those powers can be made more effective. The practical work to progress those operational matters will now begin. I am also clear in my commitment to ensure that new legislation is brought forward as quickly as possible to put the substances where they belong, subject to criminal proceedings.

As has been echoed in the chamber many times, the term “legal high” is regarded as a misleading and unhelpful term. I hope that members will support the findings of the report that I have published today. We should make the question of the legality of the substances very clear, identify the harms that they cause and, when appropriate, put those who seek to sell them—in the knowledge of the harms that they cause—behind bars rather than behind the shop counters in our high streets.