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Mark McGivern

Former cops back Scottish Government's call for decriminalisation of drugs

Former cops have welcomed Scotland’s call for a UK wide reform of drug laws.

Simon McLean and Ian Andrew claim the Scottish Government’s new blueprint for decriminalisation could save lives and eventually scupper organised crime gangs that control the massive flow of drugs.

The ex-officers, now spokesmen for the Law Enforcement Action Partnership have stressed that Scotland must have a “Plan B” to bring in as many health-based interventions in drug policy as possible, even if Westminster says it will not support them.

LEAP believes that proper regulation of a legalised supply of drugs is the only way to cut off the huge profit from gangsters who are wilfully causing Scotland’s overdose emergency.

Simon McLean, a former drugs squad and serious crime squad investigator, said: He said: “The most constructive thing to come out of the Scottish Government’s new position is the call for people to get round the table.

“I really feel that this could be a very big step forward if we can get people to engage in proper talk, backed by proper evidence.

“We often hear Westminster politicians say there is no evidence to support the benefits of decriminalising drugs but they cannot bring a shred of credible evidence to support the continued application of the Misuse of Drugs Act, which is antiquated and, after 53 years, not fit for purpose.

“We would very much be in favour of gathering different parties together for adult conversation about what changes can be made.”

McLean said he is increasingly made aware that police officers of all ranks share an abject lack of faith in current drugs laws.

He said: “I can say with a fair deal of certainty that very few police officers currently believe that any war on drugs is worth pursuing. It is most certainly not a war that can be won.

“I would say virtually no senior officers think the current approach is fit for purpose.

“All this talk of being tough on drug gangs, of beefing up officer numbers to tackle the flow of drugs, is just nonsense that is not doing anything to reduce the amount of drugs on the streets.”

McLean said a call by Scotland’s drugs minister Elena Whitham last week for a joined-up and collaborative approach to drugs policy was “long overdue”.

Whitham, flanked by two former premiers, Helen Clark of New Zealand and Ruth Dreifuss of Switzerland, both now members of the Global Commission on Drug Policy, which is holding its annual meeting in Edinburgh, Whitham said decriminalisation is “no longer a novel approach” but in force “across the world and works well”.

Her announcement centred around the call for the immediate decriminalisation of possession of all drugs for personal use.

Despite the bullish approach, the Tory government quickly rejected the proposals out of hand and Labour did little to give hope of reforms if they win the next general election.

McLean said Scotland must put focus on the changes and improvements it can make with current powers.

He said: “I do believe that the Scottish Government has to have a Plan B.

“They cannot simply call for support of Westminster and then just leave it at that.

“There are already very clear pathways already set up within Scotland whereby people caught with drugs in their possession can avoid prosecution.

“They can already be diverted into treatment in drug courts or they can be sent on their way at the discretion of police officers.

“Scotland also has heroin assisted treatment in place, which should be extended, and the only things stopping Drug Consumption Rooms would appear to be red tape in Scotland that has got little to do with Westminster.

“The reality is that Westminster has little to do with the running of the Scottish justice system and Scotland can make bold moves on its own without their say-so.”

McLean said the only way to step into the modern world is to embrace the regulation of legalised drugs, with proper licensing.

He said: “If we are being honest we have to say that decriminalisation of possession on its own does not work.

“There will still be organised crime groups running the show, using drug money to wreak havoc in many different forms of crimes.

“The people controlling the drug markets right now don’t care what goes in the mix, they don’t care about whether people live or die, they just care about money.

“If we regulated drugs in the same way we have regulated gambling and alcohol we would eliminate the huge profits that can be made illegally by organised gangs.”

McLean said major talks should happen, with or without the UK government.

Drugs policy minister Elena Whitham (Daily Record)

LEAP member Ian Andrew, a former terrorism investigator with Strathclyde Police, said his former duties included breaking the news to families after overdose deaths.

He said: “I’ve been the person who’s broken down the door only to find a body that no one knew was missing. I’ll never, ever forget the face of grief and pain - I’ll carry with me for the rest of my life.

“It is for these inherently personal reasons, as well as my professional perspective, that I

welcome the proposals made by the Scottish Government.

“New policies can save lives, they can make our communities safer. When you’ve had three decades worth of law enforcement service such as I have then words cannot do justice to how monumentally important this moment is for Scotland’s communal health.”

At the press conference in Edinburgh last week, Elena Whitham denied that the new plan was a tactic to divert attention from the Scottish Government’s failure to turn around our shameful drug death rate.

Scotland continues to have by far the highest drug death rate recorded by any country in Europe, around five times the rate in England.

Two years ago Scotland’s Lord Advocate, Dorothy Bain, announced that Scottish police would have discretion to issue a warning to individuals caught in possession of class A drugs rather than face prosecution.

Whitham hinted that no concrete back-up plan is in place, saying: “If the UK government fails to move forward with this policy paper with us and refuses to devolve the powers to us, then I need to take a position at that point to figure out what do we do next for Scotland in terms of drugs laws.”

The new proposals - A Caring, Compassionate and Human Rights Informed Drug Policy for Scotland - follow recommendations made by the Drug Deaths Taskforce in September 2021.

The Taskforce was formed as a direct response to campaigning for more effective drug strategies.

Other proposals outlined in a new paper include changes in licensing that could streamline plans for Drug Consumption Rooms, drug testing and the provision of overdose reversal drug Naloxone.

The Scottish Government also proposes a roadmap for further exploration of drug law reform, including an update of the drug classification system to be based on harms caused

The Daily Record has campaigned for less punitive drug laws, with more focus on treatment and recovery.

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