Drug Death Prevention Bill could operate in Scotland without UK Government approval, says Paul Sweeney MSP

Paul Sweeney who is proposing the Drug Death Prevention Bill said he believes prevention facilities could operate in Scotland without the need for UK Government approval.

It comes as consultation is being launched on the plans under the bill which look at introducing legal overdose prevention centres.

The Labour MSP argues the “key breakthrough” for Scotland’s autonomy on the issue is through the Lord Advocate Dorothy Bain’s decision to introduce diversion from prosecution for drug possession. It means people could be moved to an overdose prevention facility instead of face potential prosecution.

Scottish Labour's Paul Sweeney has said the proposed Drug Death Prevention Bill could operate in Scotland without UK Government approval (Photo: Jane Barlow, PA).

Speaking to Radio Forth at Parliament on Wednesday, Mr Sweeney said: “I’m very confident that there is legislative competence in the Scottish Parliament to deliver it as a public health intervention first and foremost.

"The 1971 misuse of drugs act which has a reserved power to regulate drugs and the classification of drugs didn’t apply to supervising someone taking it.

"The key breakthrough in Scotland in recent months has been the Lord Advocate’s decision to introduce diversion from prosecution.

"The key liability is that if you are in possession of a controlled substance you are committing a crime or an offence and you could be arrested and charged as a result but by introducing this diversion scheme you could actually divert people to the overdose prevention facility as a harm reduction measure. That’s what we found works really well in other jurisdictions around the world.

"So hopefully that’s where we can arrive at with this legislation if it comes through.”

The UK Conservatives have been opposed to overdose prevention facilities.

However, Mr Sweeney argues within devolved legislation, Scotland can go ahead with the bill without consent from the UK Government.

He added: “It doesn't require a sign off or permission from anyone else and I think we need to force that issue now. What are they going to do about it, exactly?"

Mr Sweeney said a pilot scheme trialling such measures proposed demonstrated there was “no prosecutions resulting from it” and said there was identification that the measures were a public health intervention.