18:33 - The House divided: - Ayes: 404 / Noes: 36 - Question accordingly agreed to.
The Minister for Crime, Policing and Fire (Chris Philp)
I beg to move,
That the draft Misuse of Drugs Act 1971 (Amendment) Order 2023, which was laid before this House on 5 September, be approved.
The order proposes an amendment to paragraph 1(a) of part 3 of schedule 2 to the Misuse of Drugs Act 1971 to bring nitrous oxide under the control of that Act as a class C drug. In September 2021, following increasing reports of the harms associated with the use of nitrous oxide, the Government commissioned the Advisory Council on the Misuse of Drugs to undertake an independent assessment of it. The Government requested that the ACMD include in its assessment a recommendation on the appropriate legislative control of the substance. I thank the ACMD for the updated harms assessment that it published in March 2023. Its work has been helpful, and we are grateful for the time it spends advising the Government on this and other issues. The ACMD report did not recommend the control of nitrous oxide under the MDA, but it did note concerning health harms such as nerve damage.
Claire Hanna (Belfast South) (SDLP)
On health harms, does the Minister acknowledge that the amendment is just tinkering with an Act that does not address the health harms of drugs? Does he agree that a wider review of the Act, which is half a century old, is needed to take drug dealers off the streets, tackle sinister organised crime, and treat those with addiction issues with compassion?
Chris Philp
I do not agree that the amendment is tinkering; it is an important measure, as I will outline in just a moment. On action against drug abuse more generally, we have a whole 10-year drug strategy that we are a year and a half into. It includes tough enforcement at the border and action to disrupt criminal gangs who deal drugs—we had a record level of drug seizures recently. In addition, we are investing record sums in drug treatment—£582 million extra over a three-year period—and increasing the number of treatment places by 54,000, so there is a comprehensive programme of work, both on enforcement to break drug importation and drug gangs, and, critically, on treatment to help people out of addiction and into a better life.
Jim Shannon (Strangford) (DUP)
I thank the Minister for clearly outlining the Government’s intentions. The amendment deals very specifically with nitrous oxide, and I welcome it. The Government have recognised the need to make changes. I would like more stringent drug controls—as, I think, would the Minister—but, bearing in mind the Government’s intentions, and the intention of some Members to divide the House, can the Minister confirm that the amendment will not place more onerous conditions on those who need to use nitrous oxide, such as dentists? Will they be outside its scope? At the same time, the need for the law is clear.
Chris Philp
Yes, I can provide that assurance. I will expand on this later, but those who are using nitrous oxide for legitimate purposes, which includes the catering industry, the dental sector, research and even semiconductor manufacture, will be outside the scope of these restrictions.
The hon. Gentleman touched on the control of harmful drugs more generally. It is important to control harmful drugs, particularly where they are very addictive and cause health harms. We have seen in cities in North America that have liberalised their drug laws substantially, such as San Francisco, Portland and some Canadian cities, that it has resulted in widescale public health problems.
Ronnie Cowan (Inverclyde) (SNP)
I knew that the Minister was going to bring up Portland at some point. There has been a clarion call to the extreme right wing to clamp down on drug policies, but we have to look at Portland in its entirety. Yes, it decriminalised drugs, but it also cut back all its support services drastically and had a fentanyl crisis at exactly the same time. That created a perfect storm for the damage that has been done there. We would not want to undermine some of the good work that has been done there as well.
Chris Philp
Well, if we look at the centre of San Francisco at the moment, it is not a very happy sight. The de facto decriminalisation of drugs and, indeed, the failure to police certain criminal offences such as shoplifting has led to disastrous outcomes, and I am determined that we do not see the same in our jurisdiction. I do accept that treatment is very important, which is why we are investing all that extra money in treatment.
Anna Firth (Southend West) (Con)
The Minister talks about problems in San Francisco. Does he agree that this legislation will also help to stop the havoc that nitrous oxide is wreaking in our coastal communities, in particular by tackling the increased availability of these higher-harm larger canisters? Last summer, Southend police confiscated 400 on one day. I welcome this motion, and I thank the Minister for engaging with me and other Members across the House and listening to our concerns.
Chris Philp
I thank my hon. Friend for her kind words. The campaigning that she has done, on behalf of her Southend constituents, is an important part of why we are moving this motion. I can see my hon. Friend the Member for Wyre Forest (Mark Garnier) in his place. I recall a Westminster Hall debate just a few months ago in which he and other colleagues raised the harms that nitrous oxide was doing in their communities. People may sometimes wonder about the value of Westminster Hall debates, but I can honestly say that the contributions made by my hon. Friends the Members for Southend West (Anna Firth) and for Wyre Forest and others were instrumental in bringing about this change.
Mark Garnier (Wyre Forest) (Con)
I am grateful to my right hon. Friend for mentioning that Westminster Hall debate. Does he agree that campaigners such as Dr David Nicholl, an eminent neurosurgeon in Bromsgrove, were also instrumental? He was responsible for raising with me and many colleagues the unbelievable harm that this does to children, who think that, because it is called laughing gas, it is amusing, but it actually causes profound neurological problems for those who use it too much.
Chris Philp
My hon. Friend is right to point to Dr Nicholl’s work, and I thank him again for his campaigning on this issue, without which we possibly would not be here today taking this legislation through Parliament. The evidence we have seen about the neurological damage caused in particular by large-scale consumption of nitrous oxide is very worrying. Neurological units around the country have seen cases of people who have been paralysed and suffered really quite serious consequences. The numbers are not enormous, but they are extremely worrying, and the severe cases, including paralysis, are deeply concerning. I agree completely with what my hon. Friend just said.
Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
I draw the House’s attention to my declaration in the Register of Members’ Financial Interests: until recently, I was an acting consultant addiction psychiatrist. On the point about other uses of nitrous oxide—legitimate medicinal and industrial uses—moving it away from the psychoactive substances regulations to the Misuse of Drugs Act puts a number of limitations on its use in its current settings. What consultation has my right hon. Friend or his Department done with the medical sector as a whole, and also with other commercial providers or users of nitrous oxide, in advance of laying these regulations before the House?
Chris Philp
We have conducted further engagement and consultation with the ACMD and others in industry to understand the implications of this move. I am jumping ahead a little, but we intend to table a further statutory instrument that will take effect alongside this one, which will make it clear that the sale and use of nitrous oxide for legitimate purposes will not be criminalised in any way—it will continue to be permitted. The definition of legitimate use will be very broadly drawn in that SI, because nitrous oxide is used for a wide range of medical research and commercial purposes, and we are not going to try to comprehensively list those purposes. A wide-based exemption for legitimate use will be put in place to make sure that we do not unintentionally stymie either medical research or commercial use of this drug.
It is worth saying that the use of nitrous oxide is quite widespread. Among those aged 16 to 24—
Kit Malthouse (North West Hampshire) (Con)
Could we have a little clarity on those two SIs? Does that mean that there is going to be a period in which otherwise legitimate uses will be illegitimate until the new SI is in place, and is that new SI needed because people came forward and said, “Whoops, you’ve missed this use”? I am not quite sure how the two SIs are going to interact.
Chris Philp
No, there will be no gap, and it is not unintentional or inadvertent; it is just likely that we will have to amend the way schedule 5 to the 1971 Act works in order to create this new category, essentially to accommodate nitrous oxide. The two SIs will be implemented on the same day—there will be no lacuna or gap. That is just how we have to sequence the secondary legislation under the Act.
Let me return to the question of prevalence. Some 230,000 young people inhaled this harmful substance in the year ending June 2022. It was the third most misused substance among that age group and, as we have discussed already, there is evidence that it has harmful neurological effects, particularly when consumed in quite large quantities.
Beyond that, we know that nitrous oxide has a significant effect on antisocial behaviour—indeed, we announced the measure for which we are legislating today in the antisocial behaviour action plan. Again, I thank parliamentary colleagues for raising the impact that nitrous oxide has had on their communities. It is fuelling antisocial behaviour and having an impact on the decent, hard-working majority who want to use their local park or go down their local high street without being harassed by antisocial behaviour or seeing the little silver canisters littered all over the place. To give an illustration of the scale of the problem, after the Notting Hill carnival a couple of weeks ago, it is estimated that 13 tonnes of those nitrous oxide canisters and others were collected from the street by the clean-up crews. That is an extraordinary amount.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
How many tonnes of beer cans were collected?
Chris Philp
The hon. Gentleman will be aware that the consumption of beer does not, generally speaking, lead to severe neurological damage and paralysis in the way that the consumption of large amounts of nitrous oxide does.
Dr Poulter
I do not wish to be disobliging to the Minister, but the ACMD was very clear that it did not believe that the medical harms of nitrous oxide pose anything like the significance of those caused by many other street drugs, or indeed alcohol. Alcohol-related brain damage causes much more neurological harm than many street drugs do, so I think it would be helpful for the Minister to correct the record on that point.
Chris Philp
I have referred to the ACMD advice before, and the ACMD did note the anecdotal reports of severe paralysis caused by excessive nitrous oxide consumption to which I have referred already. On this occasion—rarely, but not uniquely, disagreeing with ACMD advice—the Government, as we are entitled to do, took a broader view. We thought about the association with antisocial behaviour and about the fact that among 16 to 24-year-olds nitrous oxide is the third most used harmful substance, and that is why we took the step we did. Of course, I acknowledge that, as my hon. Friend said, alcohol can have an adverse effect as well, but we feel that in this particular case the misuse of nitrous oxide merits action. Many Members have raised concerns about the effect it has had in their communities, and we are responding at least in part to the concerns that Members have raised.
Nitrous oxide is currently regulated under the Psychoactive Substances Act 2016. It is not, of course, currently an offence to possess nitrous oxide; it is only an offence under the PSA to knowingly or recklessly sell it for personal consumption. So by controlling nitrous oxide as a class C drug under the Misuse of Drugs Act, it will not just be an offence to recklessly or intentionally sell this substance for personal consumption, but be an offence to possess it except for the legitimate use exemptions I mentioned earlier. As I said in response to my hon. Friend’s earlier intervention, we will be bringing through a further SI to set out the definition of those legitimate uses. As I said a moment or two ago, those will be extremely wide-ranging to make sure we do not inadvertently stymie legitimate commercial, medical or research use.
In summary, it is clear that drug misuse ruins lives. In the case of nitrous oxide, it also contributes significantly to antisocial behaviour. The Government have listened to the public and to parliamentarians who have been speaking for their constituents, and that is why we are taking this action.
Madam Deputy Speaker (Dame Rosie Winterton)
I call the shadow Minister.
Alex Norris
I am afraid that I am going to disappoint my hon. Friend by not setting such a broad policy while debating a statutory instrument on a narrow bit of policy, but I know he will continue to make his case to me and my colleagues ahead of the election down the road.
Let me address the point about the diversionary work. From what I understand from the impact assessment, the Government envisage a relatively small minority of those caught in possession being charged, with the others instead having conditional cautions, community resolutions or diversionary activities. I would be keen for the Minister to state what he has based that assessment on, and how he thinks it is likely to work in practice.
The Minister, I think rightly and importantly, has coupled this issue with that of antisocial behaviour, so we must take a reckoning of the Government’s broader record on antisocial behaviour. They have had 13 years. The Minister talks about the antisocial behaviour action plan and the pilot programmes in 10 police forces, but that is less than a quarter of all forces. We have seen from the Minister and his colleagues a complete failure to reverse the cuts to neighbourhood policing, and we still have 10,000 fewer neighbourhood police officers and police community support officers than we did eight years ago. Half the population say that they rarely see the police on the beat, and that proportion has doubled since 2010. It is clear that the Government’s plans are too modest to meet this challenge.
Chris Philp
I welcome the shadow Minister to his place. Will he join me in expressing pleasure at the fact that we now have record numbers of police officers? As of 31 March, there are 149,566 in England and Wales, which is about 3,500 more than we have ever had at any time in history.
Alex Norris
I am grateful for that intervention and for the Minister’s kind words of introduction. As he says, I am new to this parish, but if I were in his seat and not mine, I might be a little less gleeful about there being 10,000 fewer neighbourhood police officers and PCSOs than eight years ago, and about the fact that the people of this country, whom we serve, are twice as likely to say that they rarely see police on the beat than when this Government started in 2010. That should perhaps be a point for reflection, rather than the grandstanding that we saw.
People will ask—it is important that the Minister addresses this—what non-legislative actions are being taken alongside this statutory instrument to ensure it is effective. On enforcement, this provision has important implications for our police, and I would be keen to know the Minster’s assessment of the overall readiness of those who are already busy, and who we will be asking to enforce this ban. What training does he think it will take to be effective? Again, we must see this record in its historical context to know where we are building from. The Government have weakened powers over the last decade, and brought in powers that have not been used, such as the community trigger. They have abandoned the major drug intervention programmes that the previous Labour Government left, they have slashed youth service budgets by £1 billion and they have let charges for criminal damage halve. We did not hear from the Minister what sort of broader preventive actions he intends to implement alongside this statutory instrument to make it effective.
We see in the independent report that standalone publicity campaigns are likely to have limited effectiveness, so what more thoughtful, community-level approaches are going to be used? Labour Members have set out a full comprehensive plan, with 13,000 extra neighbourhood officers and PCSOs, paid for by savings that have been identified by the Police Foundation, but which Ministers are refusing to make. We would introduce new respect orders for repeat offenders, hotspot policing to tackle drug dealing, and strong action on fly-tipping. Those are the sorts of things we could align alongside the decisions being taken today to make sure that they are actually meaningful. Otherwise there is a risk, which the Minister will have to reflect on, that people think the Government are chasing headlines, rather than chasing change. To conclude, we will not stand in the way of this instrument today, but it must be seen for what it is: a small intervention when we need much bigger ideas.
Kit Malthouse (North West Hampshire) (Con)
I am grateful to the Minister for laying out the reasons for this SI. I recognise the impact on communities up and down the land of this particular substance, not least in littering and antisocial behaviour. I am anxious, as I am sure is the Minister, that if we are going to introduce this new measure, we do it properly. I have a couple of questions for the Minister about the impact of this instrument, particularly on the criminal justice system.
Looking at the impact assessment, I am surprised by the relatively low number of individuals it is envisaged will be put through the system. As the Minister will know, if we are to have an impact, there has to be a significant deterrent effect. If we are to have a deterrent effect, there has to be a sense in people’s minds that there is a very high probability of their being caught and that when they are caught, there will be a swift and certain consequence. Can he reassure us that the police are gearing up to deal with the numbers—even the relatively low numbers in the impact assessment—and that he has an ambition to go beyond those numbers? I know he does not want to do something that is merely performative, but that he wants to have an impact on this issue. We want to see fewer and fewer of these ampoules on the street and, indeed, fewer and fewer young people in particular using this substance.
If the Minister hits his ambition, what impact will that have on the criminal justice system overall? The estimate is that we will put, I think, a total of 500-odd people in prison for possession of this substance. As far as I can see, that is small against a background number that is running into the hundreds of thousands. Nevertheless, that will have an impact on the prison system. The thousands who will be going through the magistrates courts will obviously have an impact there. The police cost per capita of an arrest, charge and disposal of any kind by my calculation comes in at about £880, which seems light to me. Can the Minister reassure us about the cost, the capacity in the system and the ability for police forces to do this properly?
When this SI lands, will we see some action out there on the street? I am concerned we will see broadly what happened after the Blair-Brown reforms to cannabis possession. If the House remembers, at the tail end of that particular period in our political history, the notion was brought in of a cannabis warning, and then a cannabis penalty of 90 quid for police to hand out for pure possession. What happened was that we saw a bit of a bump in numbers, and then it tailed off, because the police realised there was little effect and it was not cost-effective to do it. The numbers diminished over the years.
As the Minister will know, a White Paper last year looked at a different set of consequences for possession, but in the absence of a response to that White Paper, I am keen to hear from him what the plan will be once the SI is in place, because as he and I both know, the policy is not the product; the product is what happens out there on the street. We are holding out a promise to our communities up and down the land that they will see fewer of these ampoules and less antisocial behaviour as a consequence. I hope there is an action plan.
My second point is to ask about unintended consequences. One of the characteristics of my youth in Liverpool in the 1970s and 1980s was the groups of young people gathering together to sniff glue. It was a horrible thing to do and obviously had a serious impact on their brains. The chemicals are even more noxious than this particular substance, so how will the Minister ensure that there is not a diversion towards those kinds of substances and the resumption of glue-sniffing in parks and playgrounds instead of taking this gas? If he can reassure me on both those points, I will be happy to support the SI.
Several hon. Members rose—
Ronnie Cowan
My point is that the Government are not nipping this is in the bud. What will happen here is that they will hand this over to the criminal fraternity, and kids who want to take drugs will continue to take drugs, but now we will not know what they are taking and it could be doing them more harm. Meanwhile, they will be arrested and given a criminal record, which will live with them for the rest of their days. That is not helping the situation at all.
I was just going to say that this change will result in people being arrested and convicted. That conviction will lead to stigma and damage employment opportunities, housing, personal finance, travel and relationships. That is what we have been doing for 50 years, and that has been a rolling success, has it not? There is little or no evidence that says that this action will address—[Interruption.] Does the right hon. Member for North West Hampshire (Kit Malthouse) want to intervene?
Ronnie Cowan
There is little or no evidence that says that this action will address the problem. Can the Minister provide me with one example—just one—over 50 years where arresting someone for personal possession and giving them a criminal record has helped reduce the misuse of drugs? As has been highlighted already in this debate, the problems of antisocial behaviour and littering can be addressed through existing legislation properly applied.
This change is driven by the Government’s desire to be seen to be coming down hard on crime and, by doing so, they are ignoring evidence from their own expert body, the Advisory Council on the Misuse of Drugs, along with the Royal Society of Medicine, the World Health Organisation and the United Nations. The focus should be on education, not punishment.
This change does nothing to address the question of why people fall into addiction, or indeed why they take drugs in the first place. It does nothing to reduce criminality; it just pushes it on to the consumer. It does nothing to make people safer. It creates a vacuum for criminals to fill. It is a wolf whistle to the “hang ’em high” brigade and it is typical of the lack of long-term strategic planning that is required. There are no short-term solutions; no magic wand exists.
Finally, continuing to bolster a policy that has not worked for 50 years will only add to the misery and pain that has already been inflicted. It is time to think outside the box and radically overhaul this Act and make it fit for the 21st century, where drug harm is a health issue and not a matter for the criminal justice system.
Chris Philp
This has been an interesting and wide-ranging discussion, and I will try to conclude relatively briefly. I start by thanking the shadow Minister for his support for this measure in principle; it is good to start off on this note of cross-party consensus, which I hope will continue for the remainder of his tenure in his new role. He asked some questions, as did my right hon. Friend the Member for North West Hampshire (Kit Malthouse), about plans for enforcement and the resources that will be dedicated to this issue. I can confirm that it is something we expect the police to be focusing on.
The shadow Minister also asked about the antisocial behaviour action plan. It is true that we are starting with pilots in just 10 force areas doing the antisocial behaviour hotspot patrols, but in April of next year that will expand to all 43 police forces across England and Wales, backed by around £43 million pounds of extra new funding to make sure those ASB hotspot patrols are out and about, both dealing with antisocial behaviours more widely and looking specifically at the issue of nitrous oxide consumption.
There were a number of questions about prison places. We are in the process of building more than 20,000 extra prison places. We expect this measure to have a significant deterrent effect on the consumption of the drug. As my hon. Friend the Member for Wyre Forest (Mark Garnier) said, reducing consumption will reduce the incentive to supply the drug as well. We expect it to be enforced.
I pay tribute to my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) for his work on the Psychoactive Substances Act 2016. Some Members asked about the action that followed, and I think my right hon. Friend can take pride in the fact that 332 retailers stopped selling psychoactive substances as a result of his legislation, and that there have been at least 230 prosecutions under that Act, which, of course, covers nitrous oxide. I think I said earlier that it regulates nitrous oxide, but it would be more accurate to say that it covers it.
There has been some discussion about the ACMD. I put on the record again my thanks to that council for its work advising the Government. We almost always follow the ACMD’s advice, although there have been occasions, including under the last Labour Government, when the Government have taken a slightly broader and different view, for reasons that many Members, including my hon. Friend the Member for Wyre Forest, the hon. Member for Ellesmere Port and Neston (Justin Madders) and the shadow Minister, have outlined. We have taken a slightly different and broader view in considering the social harm and our concern that the harm and paralysis the substance causes may get worse if its use is allowed to spread, but we have also consulted the ACMD on how we will go about implementing the legislation. We have done a public consultation on implementation, and the report was published on 5 September, making it clear that there will be a wide-ranging exemption for legitimate use.
Some Members asked about legitimate use. We will amend the Misuse of Drugs Regulations 2001 to make it clear that legitimate use is any use that does not involve inhalation by a human. Inhalation by a human for research and medical purposes will, of course, be lawful. I hope that that gives the little extra clarity that Members asked for.
A couple of Members referred to people who consume the substance medically. Of course, when people consume nitrous oxide at the dentist’s or in the context of giving birth, they are being supervised by a medical professional. In the case of giving birth, an anaesthetist is typically supervising the administration of the drug. That is necessary because it is potentially very harmful.
A few comments have been made about the Misuse of Drugs Act 1971 more widely. I do not propose to go into that in detail, save to say that if we consider jurisdictions where they have taken an incredibly permissive view, such as San Francisco, it has not resulted in more people going into treatment; it has led to a significant increase in deaths as a result of drug overdoses, particularly from synthetic opioids, and to widescale disorder on the streets. I do not accept the thesis that we can have treatment only if we liberalise drug laws and have out-of-control public consumption, as in some American cities. We do not want that happening in this country. That is why a combination of going after drug supply at the border and going after criminal gangs is important, combined with the funding of treatment, which we are doing with an extra £582 million for treatment over three years, and record police numbers. We have 149,566 police officers—more than ever before.
The measure, which I hope we will vote through this evening, will help us to combat antisocial behaviour across the country. It will protect people—particularly young people, but adults as well—from the medical harm that the drug can do. It is a critical part of the Government’s battle against antisocial behaviour. I commend the order to the House.
Question put.