Right to Addiction Recovery (Scotland) Bill - Call for Written Evidence

Overview

Background

The Right to Addiction Recovery (Scotland) Bill was introduced in the Scottish Parliament on 15 May 2024 by Douglas Ross MSP. Annie Wells MSP is the additional member in charge of the Bill.

The Bill, as introduced, seeks to make provision about the rights of persons addicted to drugs or alcohol to receive treatment for addiction.

The Explanatory Memorandum accompanying the Bill describes its purpose as follows:

“The Bill provides for a right for anyone diagnosed as having a drug and/or alcohol addiction to receive a treatment determination and for the person to be provided with that treatment as soon as reasonably practicable and no later than three weeks from the date of the determination. The Bill provides that the Scottish Ministers must secure the delivery of all of these rights and obliges them to make regulations setting out how they will fulfil that duty. In doing so, it gives the Scottish Ministers the power to confer functions on health boards, special health boards, the Common Services Agency, local authorities and integration joint boards. The Bill also requires the Scottish Ministers to prepare a code of practice to go alongside these regulations. 

“The Bill enables a person who has been diagnosed as having a drug and/or alcohol addiction to participate in the decision-making process about their treatment and for that treatment to commence no later than three weeks from the date of the determination. 

“The Bill also requires the Scottish Ministers to report annually to the Parliament on progress made towards achieving the provision of the treatments under this Bill. 

“The Bill requires the Scottish Ministers, before preparing a report, to consult representatives of patients and people with lived experience of drug and/or alcohol addiction, as well as health boards, special health boards, the Common Services Agency, local authorities and integration joint boards.”

Purpose of the call for written evidence

The Health, Social Care and Sport Committee has been designated as lead committee for scrutiny of the Bill at Stage 1.

Responses to this call for written evidence will help to inform the Committee’s scrutiny of the Bill, including the selection of witnesses to be invited to give oral evidence on the Bill.

The call for written evidence includes 8 questions:

1. The Bill focuses on drugs and alcohol addiction. Do you agree or disagree with the purpose and extent of the Bill?

2. What are the key advantages and/or disadvantages of placing a right to receive treatment, for people with a drug or alcohol addiction, in law?

3. Section 1 of the Bill defines “treatment” as any service or combination of services that may be provided to individuals for or in connection with the prevention, diagnosis or treatment of illness including, but not limited to:  

• residential rehabilitation,   
• community-based rehabilitation,   
• residential detoxification,   
• community-based detoxification,   
• stabilisation services,  
• substitute prescribing services, and   
• any other treatment the relevant health professional deems appropriate. 

Do you have any comments on the range of treatments listed above?  

4. Section 2 of the Bill sets out the procedure for determining treatment. It states that: 

• A healthcare professional must explain treatment options and the suitability of each to the patient’s needs; 
• that the patient is allowed and encouraged to participate as fully as possible in the treatment determination and; 
• will be provided with information and support. 

The treatment determination is made following a meeting in person between the health professional and the patient and will take into account the patient’s needs to provide the optimum benefit to the patient’s health and wellbeing.  

Do you have any comments on the procedure for determining treatment? 

5. Are there any issues with the timescales for providing treatment, i.e. no later than 3 weeks after the treatment determination is made? 

6. Is there anything you would amend, add to, or delete from the Bill and what are the reasons for this? 

7. Do you have any comments on the estimated costs as set out in the Financial Memorandum? 

8. Do you have any other comments to make on the Bill? 

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The deadline for responding to this call for written evidence is Friday 20 December 2024.