Tories and Labour to block Scottish proposals for decriminalisation of drugs for personal use

The move to block the proposals come after the latest policy announcement on drugs from the Scottish Government.

Scottish Government proposals for powers to be devolved to allow Scotland to decriminalise drugs for personal use have been branded "irresponsible" by critics as both Labour and the Tories moved to block suggestions the “radical” policy could come to fruition.

Both the Conservative UK Government and Labour poured cold water on the request from the Scottish Government, effectively killing the plans within an hour of them being announced.

Elena Whitham, Scotland’s drugs minister, had said decriminalisation would reduce the harm of drugs on individuals and declared the “war on drugs had failed”.

A man leaves a cross for his brother as part of a remembrance event for victims of drug deaths in Scotland. Picture: John Devlin

In what was billed as a “momentous” policy shift, the plans were dependent on the UK Government either legislating for the change or for the powers to be devolved to Holyrood.

Independence was also put forward as a way to deliver the plans.

However, both the Prime Minister’s official spokesperson and Labour shadow chancellor Rachel Reeves said they would not engage with the Scottish Government on the proposals.

Downing Street said Rishi Sunak had no plans to alter his “tough stance” on drugs.

Elena Whitham, the Scottish Government drugs minister, has announced that the government would decriminalise drugs for personal use if it had the power to do so.

Asked whether Mr Sunak was likely to grant the request for a devolution of powers or for the UK Government to legislate, his official spokesman said: “No. Whilst I haven’t seen those reports, I think I’m confident enough to say that there are no plans to alter our tough stance on drugs.”

Later, a source close to home secretary Suella Braverman said: “Illegal drugs destroy lives and communities. The Scottish National Party’s proposals are irresponsible and would do untold damage to our neighbourhoods.

“This Government’s focus is on protecting people and preventing lives from being ruined – we’ve absolutely no intention of decriminalising illegal drug use.”

At an event in Hamilton, Ms Reeves also said her party would not support the policy if they win the next election.

Elena Whitham, the Scottish Government drugs minister, has announced that the government would decriminalise drugs for personal use if it had the power to do so.

She said: “The short answer is no. I do not think this sounds like a good policy. I find it quite stunning that this would be a priority for the Scottish Government."

She referenced rising mortgage rates and NHS waiting lists, adding: "Pick an issue. There's so many issues that you could focus on."

Despite the policy being welcomed by some left-wing MSPs within his own group, Scottish Labour leader Anas Sarwar accused the Scottish Government of picking another constitutional fight.

He said: "It's the same SNP approach we see now, particularly under Humza Yousaf, where every single big problem they're going to seek to find a constitutional divide and fight, rather than actually using the power they have to change people's lives in Scotland.

“People right now are struggling to put food on the table, and struggling to get access to NHS treatment that could save their lives, and if they're going to see at the same time the Scottish Government talking about decriminalising drugs for personal supply, I think they are going to make themselves look even more out of touch."

However, Mr Sarwar backed safe consumption rooms in certain circumstances. He said this could be done within existing laws in Scotland.

Scotland has the highest rate of drug deaths in western Europe – a statistic that continues to spark political backlash and accusations the SNP Government is failing addicts.

The most recent publication of suspected drug deaths in Scotland said there were 298 such deaths between January and March, and 1,105 between March last year and March 2023 – a 7 per cent decrease.

A policy paper released by the Government said it was “doing all we can” to tackle the drug deaths scandal in Scotland.

Announcing the proposals for drug reform at a press conference during a plenary session of the Global Commission on Drugs Policy in Edinburgh, Ms Whitham said the proposals focused on the evidence of what reduces drug-related harms rather than social outrage at drug users.

She was flanked by two former senior politicians, commission chair Helen Clark, who is a former prime minister of New Zealand, and Ruth Dreifuss, former president of Switzerland, both of whom backed the proposals and said the policies were in place and working elsewhere across the world.

Ms Whitham said: “These are ambitious and radical proposals, grounded in evidence, that will help save lives.

“We want to create a society where problematic drug use is treated as a health, not a criminal matter, reducing stigma and discrimination and enabling the person to recover and contribute positively to society.

“While we know these proposals will spark debate, they are in line with our public health approach and would further our national mission to improve and save lives.

“We are working hard within the powers we have to reduce drug deaths, and while there is more we need to do, our approach is simply at odds with the Westminster legislation we must operate within.”

The announcement comes almost two years after the Lord Advocate announced individuals caught in possession of class A drugs could be issued with a police warning rather than facing prosecution.

The minister added: “Our current drug law does not stop people from using drugs, it does not stop people from experiencing the harm associated and critically it does not stop people from dying. In fact I would say to you today that criminalisation increases the harms people experience. Criminalisation kills.

"These proposals are only radical when we focus on the cultural norms, the prejudices and the moral judgements, rather than looking at the evidence of what will reduce harm to support vulnerable people.”

Ms Clark, the chair of the commission, said it was right for Scotland to look at the example of Portugal and elsewhere when approaching the question of drug policy.

She said a similar journey for Scotland, from the highest rate of drugs deaths to the lowest in Europe “could be Scotland if it is able to undertake reforms”.

The proposals were broadly welcomed by charities and campaign groups, with the Scottish Drugs Forum calling on the UK Government to work with its Scottish counterpart on delivering the reforms.

The body said: “The UK Government must either work to reform legislation to enable the vital reforms proposed in this report across all four nations, or sufficiently devolve powers to allow each country to enact these policies themselves in order to save lives, and support communities.”

In a signed response including ten charities, the third sector groups also called for Scotland to deliver “supervised drug consumption rooms and drug checking services as a matter of urgency”.

Alex Feis-Bryce, the chief executive of Transform Drug Policy Foundation, said: “This demonstrates commendable political leadership from the Scottish Government on this crucial issue. Rather than pandering to ‘tough’ populist narratives, this UK Government and the Labour party must support Scotland in delivering these proposals, and take note that this is the best way to end the drugs crisis in the rest of the UK as well.”

However, the proposals were attacked by opposition politicians, with the Scottish Conservatives echoing Mr Sarwar’s accusation this was about sparking more constitutional grievance.

The party’s justice secretary, Russell Findlay, said the policy proposals were “madness”. He said the move would lead to more drugs on the streets by “essentially legalising heroin, crack, and other class-A drugs”, adding: “These proposals are not radical, they are reckless.

"Humza Yousaf is disgracefully playing politics with people's lives and using his Government’s drug deaths tragedy as the latest way of picking a fight with the UK Government. Instead, he should back the Scottish Conservative Right to Recovery Bill to tackle Scotland’s shameful record drug deaths.”

Scottish Liberal Democrat leader Alex Cole-Hamilton said it was “well established” that Holyrood’s powers were not being used to their maximum on drug policy.

He said: “If this were all about where different powers lie, Glasgow would not have a drugs death rate ten times higher than London. Nicola Sturgeon acknowledged she took her eye off the ball, tens of millions were cut from essential services and the SNP justice secretary at the time of the independence referendum admitted they chose to look away.

"Scotland has a particularly problematic relationship with drug misuse. That is not a product of a deficiency of devolution, but if tailoring a particularly Scottish solution might require the extension of powers on drug policy, then I am open to that discussion.

“If the Scottish Government is at last serious about reform, this will take detailed work both here in Scotland and in partnership with colleagues across the UK and beyond. I would hate for meaningful progress to be locked behind years of wrangling over where powers sit.”