Exclusive:Douglas Ross warned drug recovery bill could mean 'more people suffering greater harm'

The former Scottish Conservative leader’s Bill could cause “unintended consequences”, he has been warned.

Douglas Ross has been warned his proposed legislation to embed a legal right to drug and alcohol treatment in Scots law could result in “more people suffering greater harm”.

The Scottish Conservative MSP has tabled a members bill that aims to ensure everyone in Scotland who has been diagnosed with addiction has access to the “necessary drug and alcohol addiction treatment they need”.

Scotland’s drug death rates among adults are among the worst in the world

Mr Ross’s legislation comes with Scotland the European drug deaths capital, while alcohol deaths have also soared to a 15-year high.

But clinicians have warned the former Scottish Conservative leader that his proposed legislation could unintentionally result in more people facing substance harm, “including developing dependence”.

Read more: Why 'shocking' 12% drug deaths rise in Scotland was worse than expected

Scottish Health Action on Alcohol Problems (SHAAP), a partnership of the Medical Royal Colleges in Scotland and the Faculty of Public Health, based at the Royal College of Physicians of Edinburgh (RCPE), has issued the warning about the proposed legislation.

In an official consultation response to Mr Ross’s plans, SHAAP said that Mr Ross’s aims were “laudable” but that his vision “requires investment, resource, training, systems change and a cultural shift”.

The response stresses that “a right in itself won’t necessarily drive all the systemic action required”.

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It added: “We also believe that if the Bill is to make a substantial difference, it would need to be extended significantly to ensure all people who would benefit from alcohol services and treatment have a right to treatment, not just people who are diagnosed as ‘addicted’ or dependent.

“People who are dependent on alcohol make up a relatively small proportion of people with alcohol problems in Scotland.

“The burden of alcohol health harms is not restricted to people who are dependent, and as the Bill is currently drafted these people would be excluded.

Read more: The reality behind Scotland's 15-year-high alcohol death rate

“It is our clear view that limiting the right to people with alcohol dependence and not including all people with Alcohol Use Disorder would not be appropriate.

“This would risk skewing service provision towards dependence and away from treatment services for other people with Alcohol Use Disorder, which in turn could result in more people suffering greater harm including developing dependence.”

Glasgow City Alcohol and Drug Partnership has also raised fears over “unintended consequences” of Mr Ross’s plans.

Kelda Gaffney, chair of Glasgow’s ADP, said that “introducing the three-week time frame in the Bill could result in a reduction in the quality of existing services” or a “dilution” of the current Medication Assisted Treatment (MAT) standards.

Ms Gaffney added: “We believe that the Bill is not possible to implement or enforce, specifically the assumption that the proposed Bill will enshrine the right to treatment of choice as an absolute right.

“This proposal exists to apply an enforceable right to the individual but takes no account of the implication for all patient groups who may also seek to enforce a right to access a treatment of their choice, in any clinical specialism.”

Former Scottish Conservative leader Douglas Ross

Mr Ross told The Scotsman he will “continue to listen and engage with experts over their views” in relation to his Bill.

He added: “Alcohol deaths are at their highest level since 2008 in Scotland and it is clear that we must do more to tackle this national emergency.

“I am looking forward to responding in full to this submission and others when I give my evidence to the health committee soon.

“I have also said that I will consider all amendments to the proposals that have been submitted. This is a unique opportunity to tackle drug and alcohol deaths in Scotland and it is important we get this right.”