Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017

Debate between Lord Rosser and Lord Patten

Tuesday 24th October 2017 Lords Chamber

[Lord Patten (Con)]

In strongly supporting this statutory instrument I have three points. First, the Government have acted with commendable speed to implement the recommendations on MPA given by the advisory committee about four months ago, as the Minister said. However, I seek confirmation that they will always be as swift as possible in the implementation of such future recommendations of these experts. That is provided, of course, that they agree with them—the noble Baroness, Lady Meacher, has pointed out that from time to time they have not necessarily agreed with the experts in their recommendations.

I like, respect and need the views of experts, particularly those of my doctor and my dentist. I value expert advice all the way down the line, but in the end, even they may not always be right, whatever “right” turns out to be. In the end, yet again, Ministers have to decide. It is sometimes difficult for Ministers to turn down expert recommendations, but they have to make their decisions not as experts but in the public interest as members of the Government. I support them also in making those difficult decisions.

Secondly, we have many other experts around to help us, such as those in the World Health Organization’s Expert Committee on Drug Dependence. That committee gave its views on this very matter last November. It advised, just like the advisory committee, that there is no known medical, research or therapeutic use for MPA; it is just used to abuse and there is no get-out in saying that it can be medically helpful in any way. It has all the side-effects that the Minister pointed out, as well as one that I think she missed—talkativeness, something that some would claim sometimes affects Members at both ends of the Palace of Westminster. I would not suggest, of course, that this is due to substance abuse; it is just due to genetic problems or lack of self-control.

Of course, the World Health Organization has its own problem with experts. Having given expert and excellent advice on this issue, its experts then concluded that the elected dictator President Mugabe should be hallowed for a while as its goodwill ambassador, rapidly backtracking when it spotted that on that occasion they had made a major mistake.

Thirdly, the noble Baroness, Lady Meacher, who knows much more about this stuff than I ever will, pointed out that you sometimes get substitution. I worry that there are harder substitutes coming in, particularly the ever-stronger strains of cannabis such as Nova OG, produced by cultivation companies in the United States, and described by one marketing organisation in the United States—hard to resist—as,

“extremely potent, top-shelf, designer bud”.

“Queue up and have this” if you cannot get the other stuff that we are trying to make impossible to get. I apologise, because I am a latecomer to this subject and to this debate, that I did not give the Minister earlier notice, but will she be ready and prepared to ask for the advice of the advisory committee on these much stronger strains of cannabis and to act just as quickly if it is thought to be a danger in the United Kingdom? Of course, a letter in the Library of the House would be a very adequate response to that point.

[Lord Rosser (Lab)]

Since I, too, was caught out by the earlier than anticipated start of this debate, I can thank the Minister for only that part of her explanation of the reasons for and purpose of the draft order that I actually heard. The purpose of the draft order, as has been said, is to make it an offence to possess, import, export, produce, supply or offer to supply the drug methiopropamine, or MPA, without a Home Office licence. MPA is a stimulant, psychoactive substance that has been subject to temporary control orders, the latest of which is about to expire—at the end of next month, if memory serves me right. There is evidence of MPA having adverse effects when taken, including abnormally fast heart rate, anxiety, nausea and breathing difficulties. I have to say that my list is more abbreviated than that given by the Minister when she introduced the order.

MPA has been associated with a number of deaths in the last five years and, as the Minister said, there were 46 cases where MPA was found in post-mortem toxicology, with MPA being implicated in the actual cause of death in 33 of those cases between 2012 and 2017.

MPA has not infrequently been marketed as a legal alternative to cocaine. In June of this year the Advisory Council on the Misuse of Drugs, the ACMD, indicated that MPA continued to be misused and, as a result, was having harmful effects that could constitute a social problem. The ACMD recommended that MPA should now be permanently controlled as a class B drug under the Misuse of Drugs Act 1971—which means, as I understand it, that among other things, including higher maximum sentences, possession of MPA also becomes an offence, which is not the case for substances controlled under the Psychoactive Substances Act 2016.

The ACMD also found that MPA had no recognised medicinal use, or industrial or commercial benefits other than potentially for research. I simply conclude by saying that we support the decision to accept the ACMD’s recommendation, and hence we support this order.