Dangerous Drugs

Debate between Chris Philp and Dan Poulter

Tuesday 12th September 2023 Commons Chamber

[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—

--- Later in debate ---

[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.