UK Drugs Policy

Lord Goldsmith of Richmond Park Excerpts

Thursday 30th October 2014 Commons Chamber

[Caroline Lucas]

I congratulate the hon. Gentleman on being nominated, and I am sure he will win next time. His point is incredibly important. Until now, politicians often thought that they were reflecting public opinion, but they are now massively behind it, as the poll in The Sun absolutely demonstrates.

It strikes me that a time of austerity, with the Government seemingly looking under every last stone to find money to save, is an odd time not to consider drugs policy, given that so much money is invested in the current drugs regime. Yet drugs policy seems to be completely divorced from the usual considerations about public spending and the good use of taxpayers’ money, and we simply have no proper public mechanism for knowing whether the money spent on the so-called war on drugs has been put to good effect.

No one now buys alcohol in unmarked bottles from the back of a pub—that would be dangerous and unnecessary—but for 40 years we have left our children to do exactly that with drugs. There is no denying that drug misuse has the potential to wreck lives, but surely it is time to be honest about the damage caused by the drug laws, which can cause a proliferation of criminality and public harm. The entire drugs trade has been handed over to the worlds’ racketeers and gangsters. The drugs market has soared, and that has brought untold misery. Essentially, the current market is almost wholly uncontrolled.

From speaking to young people in my constituency, it is clear that many of them can get hold of drugs far more easily than alcohol, which is surely wrong. When someone tries to get hold of alcohol, they at least have to show an ID card if they are thought to be under age. Drug dealers do not care about someone’s ID or anything else; they care only about their profits. I believe that the current policy is based on a deliberate ignorance about the effect of drugs.

[Zac Goldsmith (Richmond Park) (Con)]

I congratulate the hon. Lady on securing the debate, and on her extraordinary petition, which has 130,000 signatures. I understand that 20% of people who have taken heroin said that they got it for the first time in jail. If we cannot control drugs in jail, how on earth are we supposed to control them on our streets?

[Caroline Lucas]

That is an extremely good point. I thank the hon. Gentleman for his very helpful intervention, which speaks for itself.

If we are to design a better drugs policy that is based on evidence, we need to agree on the objectives of drugs policy. For me, it is about protecting people, particularly the young and vulnerable, as well as reducing crime, improving health, promoting security and development, providing good value for money and protecting human rights. In setting out why that is important, I will say a little more about the impact of the current drugs policy and why I believe it adds to the case for a review; I will talk a little about the growing consensus on rethinking the current approach to drugs policy; and I will say a little about Brighton and Hove, where my constituency is situated, where the approach of following the evidence as far as possible has delivered benefits.

Before doing any of that, I would like to talk about Martha. Martha’s mother, Anne-Marie Cockburn, is in Parliament with us today. Like so many parents, she had always wanted to protect her child. However, on 20 July 2013, she learned that that was not always possible. On that day, Martha swallowed half a gram of MDMA powder—ecstasy—and died. She was 15 years old. Today, 30 October, would have been Martha’s 17th birthday. She is not celebrating that birthday because the Misuse of Drugs Act did not protect her. Making MDMA illegal did not protect Martha. We owe it to her and to Anne-Marie, and to the many other people who have died drug-related deaths and their families and loved ones, to ensure that in future each and every one of us is offered the best possible protection by our drugs laws.

In her incredibly moving blog, “What Martha Did Next”, Anne-Marie writes:

“Had Martha known that what she was about to take was 91% pure, she would probably have taken a lot less, in fact I’d go as far as to say that she might still be alive.”

Anne-Marie argues that, under prohibition, it is impossible fully to educate people such as Martha, because there is no way to tell what drugs contain. Prohibition has not stopped risk-taking, but it has made those risks much more dangerous. Anne-Marie suggests that we are failing to protect children such as Martha—that we are letting them down—and that, alongside deterring young people from taking drugs, we need a regulatory model that reduces the risk if drugs do get into the hands of young people such as Martha.

I agree with Anne-Marie. Perhaps many people in the Chamber will not. However, the fact that Martha is not celebrating her 17th birthday today is surely the first of many good reasons to carry out an impact assessment of our drugs laws. We urgently need to know whether prohibition is an obstacle to education about drugs, and whether our children would be better protected by alternatives, such as strict regulation. Despite all the accusations that are thrown at those who are in favour of drug policy reform, the bottom line is that it is not about being pro-drugs, but about saving lives. The only credible way to do that is to know whether our policies are up to the job.

That is especially important because there is powerful evidence that the so-called war on drugs is making things worse. Far from being neutral, in many instances the current model pushes users towards more harmful products, behaviours and environments. Let me give two examples of what I mean. In doing so, it is crucial to distinguish between the suffering that is caused by drugs and that which is caused by drugs policy.

First, the vast majority of drug-related offending happens not because people take drugs, but because of drugs policy. Users are driven to burglary and theft to buy drugs at vastly inflated prices in an unregulated market. There is enormous potential significantly to reduce such crime and its impact on our communities under a different system.

Secondly, on legal highs, according to research into synthetic drugs by Demos and the UK Drug Policy Commission, 40 new substances emerged on to the market in 2010, compared with 24 in the previous year. By 2014, the figure had grown to 80 different synthetic drugs. Professor Les Iversen, the chairman of the Advisory Council on the Misuse of Drugs, recently admitted that drug control legislation is being forced to play “cat and mouse”. Such substances are routinely banned under the Misuse of Drugs Act, but that simply spawns more substances that, in turn, are banned. The legal process cannot keep up.

The Government have published a report today that recommends that all novel synthetic psychoactive substances, or legal highs as they are more widely known, be banned. I appreciate what they are trying to do with that policy, but I think that it is misguided. It fails to appreciate that many legal highs are the products of prohibition. Synthetic cannabis, for example, would not exist if there were a legally regulated supply of real cannabis. Nor does the policy recognise our knowledge that prohibition—in other words, banning things—does not stop people taking drugs, but simply increases the risks.

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[Mr Hancock]

The hon. Gentleman is for ever bringing us his experience and the House should welcome that. Once again, he has touched on a very important point: careers are being thrown away because of the attitude of the Army, in his case, and of other organisations, which have taken draconian measures against people for the very minor crime of carrying or smoking cannabis. We have to look seriously at this issue. We owe it to the people outside this place because, as other Members have said, they are now ahead of Parliament on this matter. We should not be playing catch-up; we should want to find a way of leading on the issue. The report on comparisons is a step in the right direction, but I hope that the strength of the support in the Chamber today will carry forth that message to our colleagues, including the Prime Minister, who should be continuously reminded of his stance in 2002. He should be reminded of it daily, because when he talks about this issue he seems to forget what he might have said before.

[Zac Goldsmith]

The hon. Gentleman might like to know that today’s Guido Fawkes quote of the day is the one on drug laws that we have heard cited by a number of hon. Members.

[Mr Hancock]

I am delighted to hear that Guido Fawkes is talking about something other than me. We have an opportunity now and we squander it at our peril. We should look forward to this Minister getting the backing of his boss, the Home Secretary, and of the Prime Minister to make sure that we have the opportunity to do something positive, for once, on the issue of drugs. Let us not just continue to know that we have failed.

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[Zac Goldsmith (Richmond Park) (Con)]

Most of the things that I wanted to say have been said, so I will be brief. I just want to put on record my admiration for the hon. Member for Brighton, Pavilion (Caroline Lucas) for having secured this debate, and for having raised the profile of the issue considerably in recent weeks and months. I also want to pay tribute to the Minister. It is true that the report out today has no clear, firm conclusions, but I have no doubt that it is pushing the discussion in a very healthy direction.

At the risk of being repetitive, I want to quote one aspect of the report, which is essential. It states:

“We did not in our fact-finding observe any obvious relationship between the toughness of a country’s enforcement against drug possession, and levels of drug use in that country.”

It goes on to cite recent evidence in the Czech Republic where tough laws coincide with relatively high use of cannabis, but then, dealing with Portugal, it states:

“Although levels of drug use rose between 2001 and 2007, use of most drugs has since fallen to below-2001 levels. It is clear that there has not been a lasting and significant increase in drug use in Portugal since 2001.”

If that is the case, and it certainly syncs with many other reports on the same issues and the same case studies, there is a serious question to answer. If the law is not acting as a disincentive to drugs use, and therefore, logically, drugs use will continue at more or less the same levels, with other factors knocking it up and down in various places, the question is whether we want that trade to belong to the criminals or to be under the umbrella and regulatory regime of some sort of government. For me, the answer is obvious.

There is also a practical issue. This is not an ideological or philosophical issue. According to the figures I have seen, in 2012 14% of people in jail were there for drug-related offences, and last year there were 87,871 convictions on the back of drug offences in this country. Obviously, not all of them ended up in jail, so the question is whether the present policy offers value for money. It comes with a multibillion pound price tag, and the cost goes well beyond the money. We have to ask ourselves who wins from this policy. My hunch, and the hunch of many Members who have spoken today, is that the laws in place have little effect other than to create a black market and therefore opportunities for the very worst people in society. We have laws in place that enrich the bad people while doing very little, if anything, to protect those whom we all have a common interest in protecting.

The present policy does not seem to me to offer great value for money. I know that there is a growing consensus outside this place on this matter, and this debate shows that there is a great consensus in this place, too, which I was not expecting to hear. The motion seems to be unarguable. We need an evidence-based policy system, and the first step is the review for which the hon. Member for Brighton, Pavilion is calling. I very much support it, and I am thrilled that everyone else in the Chamber today has supported it.