Right to Addiction Recovery (Scotland) Bill

Douglas Ross MSP has introduced this Member’s Bill. It will establish a right in law to treatment for addiction for anyone in Scotland who is addicted to either alcohol, or drugs or both.

This is a Member's bill

The Bill was introduced on 14 May 2024 and is at Stage 1

Stage: Introduced Stage: Stage 1 Stage: Stage 2 Stage: Stage 3 Stage: Act

This Bill is at Stage 1 of the process to decide if it should become an Act.

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Overview

Douglas Ross MSP has introduced this Member’s Bill.

It will allow people who have been diagnosed by a health professional as being addicted to either alcohol, or drugs, or both to be provided with:

a treatment determination
the treatment that is appropriate for them

The treatment must be made available to them within three weeks of the treatment determination being made.

If the health professional thinks that no treatment is appropriate, or that the treatment which the person wants is not appropriate, then the health professional must tell the person in writing why they think this.

If the person does not agree with the health professional’s decision, they can get a second opinion from a different health professional.

The Scottish Government must report on its progress towards providing treatment to people addicted to either alcohol, or drugs, or both, every year. The report should be given to Parliament and published by the Government.

The report needs to include certain statistical information for each health board area.

The Scottish Government must prepare a code of practice to help the bodies which help implement the Bill know what they need to do. These are bodies like health boards and local authorities.

Why the Bill was created

Douglas Ross MSP believes that any person who has been diagnosed as being addicted to either alcohol, or drugs, or both, should have the legal right to access treatment to help them to recover from that addiction.

In 2022, 1,051 people died due to drug misuse, and there were 1,276 alcohol-related deaths in the same year. Mr Ross believes that these figures are too high and show that that there is a problem in Scotland with addiction to drugs and alcohol. Mr Ross also believes that this problem is made worse by the length of waiting times for some types of treatment, including residential rehabilitation.

Mr Ross believes that a rights-based system should be created. This would give individuals the right to treatment without delay information and involvement in their treatment. Mr Ross also believes this would lead to progress in tackling addiction to alcohol, or drugs, or both.

All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:

Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.

Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.

Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.

Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.

Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.

Additional member in charge

Annie Wells MSP is the additional member in charge for the Right to Addiction Recovery (Scotland) Bill.

The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:

it would be likely to increase public spending significantly
it would be likely to increase taxation, or would require certain payments to be made.

If a Bill requires a Financial Resolution:

only the Scottish Government can propose it, usually at the end of Stage 1
until a Financial Resolution is agreed, Stage 2 can’t get under way.

The Bill was introduced on 14 May 2024

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health, Social Care and Sport Committee.

The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.

Call for views (open)

The Committee is running a call for views on the Right to Addiction Recovery (Scotland) Bill.

Read the questions and submit your views on Citizen Space

The call for views closes on 20 December 2024.

Meetings of the lead committee

29 October 2024

Read the Official Report of the meeting

Watch the meeting on Scottish Parliament TV

Read the agenda, papers and minutes for this meeting

Correspondence: lead committee

Right to Addiction Recovery (Scotland) Bill Equality Impact Assessment

Letter from Douglas Ross MSP to the HSCS Convener concerning the Equality Impact Assessment for the Right to Addiction Recovery (Scotland) Bill, 25 September 2024

Stage 1 report by the lead committee

The lead committee will publish its report before the debate on the general principles of the Bill.

Work by other committees

If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.