SCOTLAND’S drug policy minister has warned her new UK counterpart over passports potentially being confiscated from those prosecuted for possession offences.
The Scottish Government is aiming to halt the country's drug deaths crisis by treating it as a public health emergency.
The Lord Advocate Dorothy Bain has said police will be advised to issue recorded warnings for possession of any illegal substance instead of referring offenders to prosecutors.
Ms Bain will also investigate whether safe consumption rooms can be introduced within the current legal framework of Scotland.
But the UK Government is pushing ahead with treating drugs as a criminal justice problem.
Yesterday, the Scottish Government’s drug deaths taskforce published its final recommendations and actions.
One of the recommendations calls on the UK Government to “immediately begin the process of reviewing the law to enable a public health approach to drugs to be implemented”.
READ MORE: SNP to press ahead with drug consumption rooms after 'legislative framework' call
Another action calls for the UK Government to “consider a legislative framework” to support the introduction of safe consumption rooms.
It adds: “The Scottish Government should continue to engage with the UK Government to support these changes.
“In the interim, the Scottish Government should do everything in its power to implement a public health approach.”
Yesterday, Ms Constance doubled down on her intent to press ahead with bringing in drug consumption rooms.
She said that she hopes to “engage with the UK Government on the evidence” to pave the way for safe consumption facilities.
Ms Constance added: “We have worked very hard to develop a proposition and we have looked at our existing powers very carefully and that proposition that has now been built with partners in Glasgow is now with the Crown Office.
READ MORE: Drug Deaths Minister to lobby for cash to address 'woefully inadequate' funding
“It will be for the Crown Office and ultimately the Lord Advocate to say whether safe drug consumption facilities can be delivered within the existing legal framework of Scotland.”
The SNP’s drug policy minister has now written to the new UK Minister for Crime and Policing Tom Pursglove, raising concerns about a white paper that tables penalties for people prosecuted with drugs possession offences that could apply in Scotland.
Ms Constance said she was left “disappointed” by a Home Office document that she warned “outlines new consequences for drug possession, with measures such as passport confiscation for drug possession that could apply here in Scotland”.
She added: “Increasing or expanding criminal sanctions have not in the past proven successful in preventing drug deaths.
“I would therefore oppose any decision to require Scotland to implement any of these measures and would highlight the significant risks inherent in this approach.
“Scotland has taken a different approach to the UK Government, implementing evidence informed measures that aim to treat drug use as a health issue.
“This is in line with recommendations from the evidence including from the ACMD; the recommendations of two UK Parliamentary Committees, the Scottish Affairs Committee and the Health and Social Care Committee; as well as other experts and academics.”
Ms Constance said: “The number of these deaths have reached unacceptable record levels across the United Kingdom and are particularly acute in Scotland.
“I am sure you will be aware of the on-going discussions between our governments on this issue.
“My recent discussion with Kit Malthouse included Safer Drug Consumption Facilities, the need for pill press regulations and the introduction of drug checking facilities of which I’m sure you will have received the detail.”
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