Scottish Parliament votes down proposal to create right to drug rehabilitation

A bill to enshrine the right to drug and alcohol rehabilitation has been voted down in parliament, after the Scottish Government raised concerns it risked “undermining” services.

Former Conservative leader Douglas Ross presented his Right to Addiction Recovery (Scotland) Bill to parliament in May 2024 and it had its stage one vote on Thursday afternoon.

He argued the bill could “help to address the appalling number of drugs deaths in Scotland”, and described the vote as a “dark day for the Scottish Parliament”.

But SNP and Green MSPs voted it down, with drugs minister Maree Todd warning the bill would have required “fundamental revision” to be fit for purpose.

The bill was lodged following concerns about increasing drug-related deaths in Scotland, which has seen the country become the drug-deaths capital of Europe.

In 2024, 1,017 deaths were attributed to drug misuse – around 3.6 times higher than when records began in 2000.

While drug deaths peaked in 2020, when 1,339 fatalities were recorded, figures have remained stubbornly high.

That high watermark sparked the government launching a “national mission” to tackle the issue.

Alcohol-related deaths also remain high, with the latest figures showing 1,185 people died in 2024.

The parliament’s health committee, which was in charge of scrutinising Ross’s bill at stage one, last month recommended MSPs vote against it due to concerns about the significant amendments required.

But the committee was split, with Tory member Brian Whittle disagreeing with its final conclusion and Labour members Carol Mochan and Paul Sweeney abstaining.

During his speech to parliament, Ross accepted the bill was not “perfect” but urged MSPs against “shutting down the debate”.

He said the vote was about the principle of a  “guarantee for everyone to receive the treatment they need, when they need it, to tackle their addiction”.

“Support this bill, give us time to improve it, and let us have a bill that we in this chamber and people across Scotland can rally behind,” he said.

There had been hope that SNP members would abstain in the vote to allow the bill to go forward to the amending stages, but Todd confirmed in her opening speech that the government was against the bill.

While she said that the “central ambition of the bill is one the Scottish Government shares”, she added her party would not support it due to concerns about deliverability.

She said: “All of us have a responsibility to ensure that any legislative proposals are workable, deliverable and aligned with the evidence available… It is clear from the evidence presented through the scrutiny process, the bill rases profound legal, practical and resources concerns that risk undermining service delivery, rather than enhancing it.”

Scottish Labour leader Anas Sarwar announced during FMQs earlier in the day that his MSPs would back the bill.

Speaking in the debate, deputy leader Jackie Baillie said there were “too many people dying” and “not enough rehab beds”.

She agreed the bill was “not the finished article” but amending it was “doable”. “It is beyond strange that the SNP are unwilling to do this. This parliament spends an inordinate amount of time amending government legislation,” she added.

Green MSP Patrick Harvie highlighted concerns about legal action being taken if the right was enshrined in law, which would reduce resources going to the frontline provision of services.

He also called for the Misuse of Drugs Act to be reformed, claiming it inhibits the delivery of services to support those with addictions.

Scottish Lib Dem leader Alex Cole-Hamilton said his party would provide “cautious support” for the bill at stage one, on the assumption it could be improved later.

“We do owe it, presiding officer, to every family who has lost a loved one to addiction to explore every possible solution,” he said.

The final voting tally was 52 for and 63 against.

Annemarie Ward, CEO of Faces & Voice of Recovery (FAVOR), who has long championed the bill, reacted with disappointment. 

In a statement before the vote but after it became clear it would not pass, she said: “The Right to Recovery Bill would make it illegal for services to turn people away from detox, rehab, or any other form of treatment. Who in good conscience could oppose that?

“If your MSP votes against the Right to Recovery, remember their name. Because every family that’s lost someone to addiction has a moral duty to make sure they lose their seat in May 2026. You cannot claim to care about Scotland’s drug deaths and then vote to keep the system broken.”