Hansard

The Government motion

“welcomes the … Expert Review Group report recommendations”.

On behalf of the Labour Party, I contribute to that welcome and thank the group for the hard work that it has done on the Parliament’s behalf. Scottish Labour supports the Government motion and will vote accordingly at the end of this brief but important debate.

New psychoactive substances, which are known in some communities as legal highs but are perhaps better described as lethal highs for some families, are a scourge and a growing menace that affects our society. They can be legal or illegal and, sometimes, both together in a cocktail.

Throughout the European Union, NPS are used largely among younger age groups and particularly by those who are clubbers in our towns and cities at night. Scotland is little different. Mephedrone and synthetic cannabinoids have been the most commonly available NPS although, with a cornucopia of chemicals entering the market each month to add to the challenges that we face as a society, there is a changing fashion in the types of substances that are consumed.

Only 1 per cent of drug seizures in Scotland are identified as involving NPS. That level of recovery does not reflect the numbers of so-called head shops. There are more than 650 throughout Europe, with more than our fair share in Scotland. The number of internet outlets that retail legal highs to customers of any age and with any pre-existing medical condition further suggests that the 1 per cent seizure rate merely touches the tip of the iceberg.

The main supply emanates from China and India, but growing profits mean that laboratories around the globe are entering the market to enhance the supply. Compounds are constantly changing as the illicit chemists try to keep ahead of the law. According to the United Nations Office on Drugs and Crime, 541 NPS chemical potions had been identified in the marketplace by December 2014.

The growing trend of injecting NPS is disturbing, given the dangers that have been identified in connection with alternative means of ingestion. Kidney failure and psychosis can be laid at the feet of NPS as identified outcomes for some patients. In addition, as the minister acknowledged, NPS have been implicated in up to 132 deaths since 2009, and NPS were identified as the sole drugs involved in 18 deaths. In those circumstances, the Scottish and UK Governments’ actions to stem the growing tide of misuse and abuse of NPS are necessary and must be seen to work if we are to protect our citizens and particularly our young people.

The motion refers to the UK Government’s stated commitment in May this year, which I welcome, to introduce legislation to ban new psychoactive substances. The provision of up to seven years’ imprisonment for those who produce and deal in NPS is an effective deterrent, and I acknowledge the legislation’s intention to avoid criminalising those who are simply caught in possession of NPS.

At the Scottish level, creating a centre of excellence for forensic analysis and a database of information and intelligence will help to fill the current knowledge gap. It would be helpful to have greater detail regarding the who and the where, how much it will cost and what success will look like after a centre of excellence is created, so that we can share that knowledge externally and create confidence that the Scottish Government has the matter in hand.

I am concerned about the abilities of local authorities across Scotland to address the NPS issue, because their trading standards departments are reported to be struggling, with smaller departments having to cope with greater demands. Coincidentally, my colleague Elaine Murray raised the issue of trading standards staffing at topical question time. That issue has implications for the Government’s intention to issue guidance to assist staff to deal with the NPS challenge. The remaining staff in trading standards departments, who are on the front line, will have difficulty coping with the additional guidance. I am sure that, if information could be offered about the impact and the additional resources that might be required, that would remove doubts in the minds of staff about their ability to cope.

Information sharing and common definitions are always crucial in developing a successful plan, but I hope that the Scottish and UK Governments will act together to ensure that the UNODC and the United Nations Security Council take all steps to encourage member states to eradicate the laboratories that are responsible for the supply of new psychoactive substances around the globe, because that is in the interests of world health and it will also deal with international crime groups, which profit greatly from the trade in NPS.

The commitment to obtaining an accurate picture about NPS is to be welcomed. It is also necessary to prepare new packs for education and for the public services front line. New treatment protocols need to be created, as do pathways to divert young people from substance abuse generally and from NPS, given the debate that we are having.

We need a commitment to the use of licensing regulations to prevent head shops from operating at festivals and concerts and to the use of planning regulations, where possible, to manage the presence of those shops in town centre estates. We also need HM Revenue and Customs to ensure that profits from such enterprises are identified and that, if they are not subject to the proceeds of crime legislation, levels of taxation are applied and taxes are collected. Such action would be highly desirable in persuading those who would take advantage of young people in that environment to adopt other business practices.

The use of NPS, particularly in the context of polypharmacy—that is, the cocktail of substances such as cocaine, heroin, prescription drugs, alcohol and tobacco—presents a troubling challenge for maintaining healthy communities that are capable of sustaining a productive lifestyle for the future. One can hope that the steps that are outlined in the Government’s motion will represent a successful first step in our efforts to provide a safe and healthy environment for all for the future.

As my colleague Mr Finnie said, a concentration on clear education to provide full knowledge of the damage that such substances do is crucial to any successful outcome. I hope that the Government and those who are involved in the wider drug strategy will apply themselves with vigour to ensuring that the number of drug deaths falls and that the number of those who create problematic drug abuse is reduced as soon as possible.