As the ACMD is an independent Non-Departmental Public Body (NDPB), sponsored by the Home Office, the basis for publication of its reports is a matter for the ACMD.

The Government does not support drug consumption rooms. We have been clear that we have concerns about the potential for these facilities to appear to condone drug use and to encourage the continued illicit supply of drugs. They will not be introduced in England and Wales.

We are aware of previous international studies of DCRs, sometimes referred to as overdose prevention centres, although there is usually little or no focus on how far DCRs reduce illicit drug use by those using DCRs, or whether they result in reductions in overall drug use. Methodological and geographical differences as well as the small number of cities where DCRs operate makes it difficult to draw firm conclusions at this stage. In addition, the impact of DCRs in isolation is hard to measure as a range of other support and interventions such as needle and syringe exchange programmes are often provided within a DCR.

As set out by the response to Written Answer HL767, the Advisory Council on the Misuse of Drugs (ACMD) marked the document titled “Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016” “in confidence”. The document was not intended for publication and there are no plans to publish it. The portion that has been made public was made public under the terms of the Freedom of Information Act 2000 (“FOIA 2000”) and following the decision of the relevant tribunal (case reference EA/2021/0301).

The portion released under the FOIA 2000 recommended a review of the Working Protocol between the ACMD and the Home Office to take into account the functions of the ACMD under the Psychoactive Substances Act 2016 (“the 2016 Act”). The Working Protocol has not been revised since 2011 and is available at the following link: Working Protocol between the Home Secretary and the Advisory Council on the Misuse of Drugs - GOV.UK (www.gov.uk)

The Government intends to undertake a review in due course and if this results in a revised Working Protocol, the revised version will be published on gov.uk.

As set out by the response to Written Answer HL767, the Advisory Council on the Misuse of Drugs (ACMD) marked the document titled “Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016” “in confidence”. The document was not intended for publication and there are no plans to publish it. The portion that has been made public was made public under the terms of the Freedom of Information Act 2000 (“FOIA 2000”) and following the decision of the relevant tribunal (case reference EA/2021/0301).

The portion released under the FOIA 2000 recommended a review of the Working Protocol between the ACMD and the Home Office to take into account the functions of the ACMD under the Psychoactive Substances Act 2016 (“the 2016 Act”). The Working Protocol has not been revised since 2011 and is available at the following link: Working Protocol between the Home Secretary and the Advisory Council on the Misuse of Drugs - GOV.UK (www.gov.uk)

The Government intends to undertake a review in due course and if this results in a revised Working Protocol, the revised version will be published on gov.uk.

The Psychoactive Substances Act 2016 (PSA) was designed to complement the Misuse of Drugs Act 1971 (MDA), by introducing civil sanctions and offences for those who produce, possess with intent to supply, supply, offer to supply and import or export new psychoactive substances which are not controlled under the MDA or which are not otherwise exempt. One of the important safeguards which the PSA provides is ensuring there are no gaps in law enforcement powers to tackle newly emerging harmful drugs. This is in the context that prior to 2016 criminal gangs were designing new psychoactive drugs with different chemical structures in order to evade MDA controls. Substances can be moved into the MDA following advice on their harms from the Advisory Council on the Misuse of Drugs (ACMD) and subject to the decisions of Ministers.

A review of the PSA published in 2018 found that there is no evidence that the PSA has adversely affected the process or timeliness with which substances can be controlled under the MDA, with substances continuing to be controlled after the Act was introduced. Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk). The government keeps all legislation under review, but has no plans to change either legislative regime substantially.

The report referred to as ‘Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016’ was shared with the Home Office in confidence by the ACMD and is not a public document. One recommendation has been made public, concerning a review of the Working Protocol between the ACMD and the Home Office, which the government has agreed to undertake.

The Drug Strategy sets out our commitment that the government and our public services will continue to work together and share responsibility for creating a safer, healthier and more productive society. It is backed by increased funding across the system, including nearly £900 million of additional investment over 2022-2025, of which the largest amount, £780 million, is dedicated additional funding for the treatment and recovery system.

Delivering a world-class treatment and recovery system is one of the three key strategic priorities in the Drug Strategy.

As part of this priority, the Government continues to support a range of evidence-based approaches to reduce the health-related harms of drug misuse, such as maintaining the availability of needle and syringe programmes to prevent blood borne infections, widening the availability of naloxone to prevent overdose deaths and the rollout of the opioid treatment, depot buprenorphine.

The Psychoactive Substances Act 2016 (PSA) was designed to complement the Misuse of Drugs Act 1971 (MDA), by introducing civil sanctions and offences for those who produce, possess with intent to supply, supply, offer to supply and import or export new psychoactive substances which are not controlled under the MDA or which are not otherwise exempt. One of the important safeguards which the PSA provides is ensuring there are no gaps in law enforcement powers to tackle newly emerging harmful drugs. This is in the context that prior to 2016 criminal gangs were designing new psychoactive drugs with different chemical structures in order to evade MDA controls. Substances can be moved into the MDA following advice on their harms from the Advisory Council on the Misuse of Drugs (ACMD) and subject to the decisions of Ministers.

A review of the PSA published in 2018 found that there is no evidence that the PSA has adversely affected the process or timeliness with which substances can be controlled under the MDA, with substances continuing to be controlled after the Act was introduced. Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk). The government keeps all legislation under review, but has no plans to change either legislative regime substantially.

The report referred to as ‘Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016’ was shared with the Home Office in confidence by the ACMD and is not a public document. One recommendation has been made public, concerning a review of the Working Protocol between the ACMD and the Home Office, which the government has agreed to undertake.

Those wishing to offer drug testing or checking services can do so provided that any possession and supply of controlled drugs is licensed by the Home Office or, exceptionally, relevant exemptions under the Misuse of Drugs Regulations 2001 apply.

Ministers are clear that any type of drug checking service must not condone drug use and should only be delivered where licensed and operated responsibly in line with Government policy to ensure that they discourage drug use and signpost potential users to treatment and support. We welcome potential applicants who wish to apply for a licence and who share these principles.

The UK Government does not support drug consumption rooms, sometimes referred to as overdose prevention centres. We have been clear that we have concerns about the potential for these facilities to appear to condone drug use and to encourage the continued illicit supply of drugs and they will not be introduced in England and Wales.

I am aware of the Lord Advocate’s statement that in her view it would not be in the public interest to prosecute users for simple drug possession offences in relation to a pilot drug consumption room in Glasgow. While our concerns remain, the UK Government will not interfere with, or seek to impede, the lawfully exercised prosecutorial independence of the Lord Advocate.

Increased drug testing in custody is a further way in which testing is being supported. The Drug Testing on Arrest (DToA) expansion project is a key deliverable in the 10-year Drug Strategy to help tackle drug-related offending. The primary aim of this project is expansion, both in the number of police forces delivering DToA and the overall increase in volume of tests carried out.

Year 1 of the DToA project (FY22-23) saw an increase in the number of police forces accepting Home Office funding to set-up or expand DToA operations, and an increase in the number of forces reporting data to the Home Office, with recent programme data published on GOV.UK. Year 2 of the programme is underway, and the Home Office has appointed an external evaluator to consider the impacts of the project.

The legislative expansion of DToA is also progressing well, following the publication of the Anti-Social Behaviour Action Plan in March 2023. In August, police were given the power to test for all Class A drugs. Further legislation will enable specified Class B and C drugs to be tested for and will extend the list of ‘trigger’ offences that make drug testing more accessible to officers to deploy. These changes will also enable the police to refer more individuals to treatment and support services.