Synthetic Cannabinoids: Reclassification

(Limited Text - Ministerial Extracts only)

Tuesday 6th November 2018 Westminster Hall

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

It is a huge pleasure to serve under your chairmanship, Mr Howarth. This is not a debate about medicinal cannabis, but with your leave, I thank the hon. Member for Strangford (Jim Shannon) for his update on Sophia and the Gibson family. Home Office Ministers are not regularly fed a diet of good news, but I was absolutely delighted to hear that. Perhaps, through him, I might pass my good wishes to the family.

[Jim Shannon]

After I had finished my speech, the family contacted me to thank the Minister personally—they watched the comments we made just now.

[Mr Hurd]

I thank the hon. Gentleman for that, and I send my best to the family, who showed enormous patience and dignity throughout a very difficult situation.

This has been a good debate, and I congratulate my hon. Friend the Member for Mansfield (Ben Bradley) on bringing the issue back before the House with persistence and tenacity. He is entirely right to do so. He described this as a serious national problem, and I do not think he is wrong about that. Statistics can be misleading. One might be lulled into thinking that synthetic cannabinoids are not a significant national problem by the statistic that less than 0.5% of 16 to 59-year-olds in England and Wales reported using a new psychoactive substance in the past year, which is broadly the same as the year before; it might seem a small number. However, as the hon. Member for Swansea East (Carolyn Harris) pointed out, there is another number. There were 24 deaths related to synthetics in England and Wales in 2017. That is a terrible number to put alongside the evidence that has come, loud and clear, from Stoke, Chesterfield, Mansfield, Torbay and Wales, that the issue we are discussing causes real anxiety across the country. It confronts people with the terrible reality of its impact on some of the most vulnerable individuals in our communities, for whom, as my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) and the hon. Member for Stoke-on-Trent North (Ruth Smeeth) pointed out, £2 buys oblivion and a dehumanised state. We do not yet have that problem in Ruislip, Northwood or Pinner, but I have seen it with my own eyes on the streets of Newcastle, and it is a shocking and unsettling sight, which we do not want in our town centres, for all the reasons that Members of Parliament have powerfully articulated here today. As Members have said, the evolution of generations of such drugs is fast-moving and a major challenge.

I would like to assure the House that we are prioritising the issue, and I will set out some evidence for that. However, I remind the hon. Member for Stoke-on-Trent North in particular that I get the urgency of the issue, and I will close with some remarks taking us forward a bit. We are prioritising the problem—the groundbreaking Psychoactive Substances Act 2016 was a substantial piece of legislation. I confirm, in response to my hon. Friend the Member for Mansfield, that we shall publish our review of it before the end of November. However, as I have said in previous debates, there is evidence that the Act has had a powerful effect in removing new psychoactive substances from open sale and ending the game of cat and mouse between Government and backstreet chemists. Significantly, 300 retailers across the UK have closed down and are no longer selling the substances. Suppliers have been arrested, there has been action by the National Crime Agency to remove psychoactive substances and, in 2016, there were 28 convictions in England and Wales, with seven people jailed under the new powers. That rose to 152 convictions in 2017, with 62 people immediately sent to custody. In parallel with that legislation, three separate sets of controls on the progressive generations of synthetic cannabinoids have been introduced, in 2009, 2012 and 2016.

[Kevin Foster]

The Minister referred to the 2016 Act. I can reassure him that there used to be two head shops in Torquay town centre, but both have closed following that legislation.

[Mr Hurd]

I thank my hon. Friend for that helpful contribution. I think that we can be clear, subject to what is in the review at the end of the month, that that groundbreaking legislation has had an effect. I can also point out targeted action by the Government, concentrated on areas where we know usage is especially high.

[Jack Brereton]

Is the Minister aware that potentially up to 90% of cases involving Monkey Dust are in Stoke-on-Trent?

[Mr Hurd]

The fact that two Stoke-on-Trent MPs are taking part in the debate tells its own story about the sense of urgency and concern in that city. That will be noticed by me and by the House.

Prisons featured in several contributions, and I know that the hon. Member for Chesterfield (Toby Perkins) visited Nottingham Prison recently and was shocked by what he saw. There is clearly a significant drug problem in prisons, exacerbated by the emergence of synthetics and psychoactive substances. I can, again, point out a stream of action being taken. A new drugs force is working with law enforcement to restrict supply, reduce demand and build recovery, and is working with 10 of the most challenging prisons; £6 million is being invested to tackle drug supply in those establishments. There is a new national partnership agreement for prison healthcare and a new £9 million joint Ministry of Justice and NHS drug recovery prison pilot at Holme House Prison. I could go on, but I see evidence of a proactive Government approach to drugs in prisons.

A number of colleagues mentioned rough sleeping, and made the relevant links with these drugs. Again, that is an unacceptable feature of too many town centres, high streets and shop entrances. I hope that there is cross-party support for the new rough sleeping strategy. The £100 million package is a step towards achieving the vision of a country where no one needs to sleep rough, by 2027. I could go into the details of that but I think that the House is aware of it.

There was, rightly, substantial comment about the need for effective treatment and prevention. I could not be more supportive of the emphasis that my hon. Friend the Member for Mansfield placed on that. If we have learned anything in this place from many years of evidence on many issues, it is that it is always smarter to invest in the fence at the top of the cliff than in the ambulance at the bottom. That is nowhere more true than in the matter of drugs. I can see from the statistics that people are seeking and receiving treatment from drugs services. Data from the national drug treatment monitoring system show that 1,223 adults presented to treatment for new psychoactive substances in 2017-18 in England, and 703 of those cases were for synthetic cannabinoids. Presentations for synthetic cannabinoids represented 0.6% of all adults who presented to drug and alcohol treatment in 2017-18.

To support those services, there is guidance on treatment for synthetic cannabinoids, including the recently updated drug treatment clinical guidelines, NEPTUNE’s “Guidance on the Clinical Management of Acute and Chronic Harms of Club Drugs and Novel Psychoactive Substances”, and Public Health England’s new psychoactive substance toolkits for the community and prisons. However, as my hon. Friend pointed out, there is also more investment going into the NHS. The Health Secretary has made it clear that prevention is a core pillar of his approach to the brief. He is right about that, and we must see the dividend from more effective prevention work in years to come.

I join others in offering congratulations on some excellent examples of partnership and multi-agency working and police work in Derbyshire, south Wales, Gwent, Staffordshire and Mansfield. There is clearly good leadership on the issue around the country, which is fundamental. The importance of local multi-agency working is clear in our drug strategy and modern crime prevention strategy. This is not just a police issue. We are not going to arrest or sentence our way out of it. The key is such local leadership and such multi-agency partnerships. Having been reading up in preparation for this and previous debates, and having got to understand a bit better the work going on in Mansfield, I join my hon. Friend in commending the work of Mansfield police and their partners. It seems extremely commendable —arguably “best in class” across the system. Part of my responsibility and engagement with the National Police Chiefs Council is to challenge the system, and learn from the rest of the system, about what works and what partnership working is really effective.

I want in my closing remarks to move things on a bit, as I think my hon. Friend is already aware of the things I have talked about so far; we have had such exchanges before. I am persuaded by his previous debates, this debate and correspondence from police and crime commissioners of different political persuasions that we need to go further. I hope he welcomes the major review of drugs that the Home Secretary announced on 2 October, including a focus on the workings of the drugs market and synthetic cannabinoids, which will be in the scope of the review. That is a major piece of work.

I have also asked the National Crime Agency to undertake a threat assessment of synthetic cannabinoids, which will be reported to the Department in spring. It will provide a richer picture of the threat faced by law enforcement. I hope my hon. Friend welcomes that too.

[Toby Perkins]

I think I welcome what the Minister is saying, but I want to clarify something. By saying that he is persuaded that we need to go further, is he saying that he will institute a review or that it will become Government policy that synthetic cannabinoids will be reclassified?

[Mr Hurd]

The hon. Gentleman has jumped ahead of my remarks. I am sure he understands the context, because he is a sensible man. In this complex situation, when dealing with something fast-moving, the Government have to take decisions based on good evidence and a good understanding of the risks, the threats, the drivers of the market, the changes in the market and the likely consequences and implications of decisions, including about classification. I am setting out a series of urgent pieces of work that will look at the drugs market in a broader sense, which is a big step in itself, and a specific commissioning of the National Crime Agency to look at the threat assessment of synthetic cannabinoids—for the first time, as I understand it—with a commitment to report back to us in spring.

I am also asking the Advisory Council on the Misuse of Drugs, whose advice we rely on for decisions on classification, to advise on refreshing its assessment. We have not done that in the last few months because the honest truth is that it has not been that long since the council last took a view in 2014. In this fast-changing environment, however, and given the representations of real concern made by Members of Parliament and by police and crime commissioners, it is the right moment to ask the council to refresh that assessment of synthetic cannabinoids’ harms.

Hon. Members, and not least my hon. Friend for Mansfield, have been clear that reclassification is not a silver bullet—to use that cliché—and that we need to get several other things right. We should also be clear that reclassification would arguably not significantly increase the police’s powers to deal with the possession, supply and production of these substances. Instead, it would primarily increase the penalties for possession from a maximum of five years in prison to seven years, and for supply and production from a maximum of 14 years in prison to life. The House will have its own view on whether that change would have a material impact as a deterrent.

The Government rely on advice from the Advisory Council on the Misuse of Drugs, whose last assessment was in 2014. Even though that does not seem that long ago, based on representations made to me, it is the right to time to ask it to refresh its assessment. I give that undertaking to hon. Members. I congratulate and thank my hon. Friend for Mansfield for his tireless passion in pursuing this cause, and other hon. Members for making it clear to the Government that there is no room for complacency.