Misuse of Drugs Act 1971 (Amendment) Order 2023
Debate between Lord Sharpe of Epsom and Lord Hayward(1 year, 3 months ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, this order was laid before Parliament on 5 September. It proposes an amendment to paragraph 1(a) of Part 3 of Schedule 2 to the Misuse of Drugs Act 1971 to control nitrous oxide under class C of that Act.
After increasing reports of the harms associated with its misuse, the Government commissioned the Advisory Council on the Misuse of Drugs in September 2021 to undertake an updated harms assessment of nitrous oxide. The Government also asked the ACMD to recommend the appropriate legislative control of nitrous oxide.
I am grateful to the ACMD for its updated harms assessment, published in March 2023. While the ACMD did not recommend the control of nitrous oxide under the Misuse of Drugs Act in its assessment, it noted concerning health harms including nerve damage. Its assessment also highlighted anecdotal reports about the association of nitrous oxide with anti-social behaviour as well as the widespread use and availability of the drug, particularly among children and young people.
The Government carefully considered the ACMD’s thorough report and considered a range of factors before reaching a decision. Of particular concern is the popularity of nitrous oxide, given that it is the third most misused substance among 16 to 24 year-olds in England and Wales, with approximately 230,000 young people inhaling it in England and Wales in the year ending June 2022.
In addition to the high numbers of young people misusing nitrous oxide, the ACMD highlighted anecdotal reports of an increase in neurological harms. Noble Lords may have heard of a small number of tragic cases in which young people have been paralysed, or died, following nitrous oxide misuse. Neurology units around the country have reported frequent cases of nerve damage. While many cases of this damage can be treated and even reversed though treatment, sadly not all can. Contrary to the belief of some who might argue that this is a perfectly harmless drug that many people use without consequence, nitrous oxide is not safe to use without medical supervision. Beyond the harmful effects on users themselves, there have been several cases that serve as a testament to the devastating consequences of driving under the influence of nitrous oxide.
In considering our approach, we have also reflected on the reports from those working in front-line policing and night-time industries, and from parliamentarians, about the public effects of nitrous oxide misuse.
People have a right to expect public areas and their neighbourhoods to be safe and clean, even quiet, but in recent years the sight of discarded small silver nitrous oxide canisters, and even more recently the oversized canisters seen on our streets, have become more commonplace. To cite a recent example, an estimated 13 tonnes of discarded canisters were collected in the Notting Hill Carnival clean-up operation. It is entirely unreasonable to expect people to sidestep the paraphernalia and mess associated with nitrous oxide misuse. Neither should anyone have to feel threatened by anti-social behaviour associated with its misuse.
The Government are taking decisive action to tackle anti-social behaviour through a comprehensive action plan, and noble Lords may recall that in March we announced our intention to ban nitrous oxide. As a result of the considerations I have outlined, the Government are taking action beyond that recommended by the ACMD and seeking to control nitrous oxide as a class C drug under the Misuse of Drugs Act. We are doing this to introduce tougher consequences for the supply and misuse of nitrous oxide, and to deter people from harming not only themselves but others.
At present, nitrous oxide is subject to the provisions of the Psychoactive Substances Act 2016 as it is a psychoactive substance. The 2016 Act contains offences for the production, supply, possession with intent to supply, import or export of a psychoactive substance where a person
“knows, or is reckless as to whether”
it will be consumed “for its psychoactive effects”. It does not, however, contain an offence for the simple possession of a psychoactive substance, other than in a custodial setting.
The control of nitrous oxide as a class C drug under the Misuse of Drugs Act would also make it an offence to possess nitrous oxide, unless for a legitimate use. This would mean higher penalties and enforcement provisions. Those found in unlawful possession of the drug could face up to two years in prison, an unlimited fine or both. Meanwhile, those who supply or produce nitrous oxide could face up to 14 years’ imprisonment.
We are conscious that there is a wide range of legitimate uses of nitrous oxide. We are aware of its use in healthcare, including dentistry, industry and catering. To enable legitimate uses to continue, a further related statutory instrument will come into force simultaneously with this order. This would amend the Misuse of Drugs Regulations 2001, scheduling nitrous oxide under those regulations to provide certain exemptions from the offences under the Misuse of Drugs Act 1971, including medical use, and to provide legitimate access to nitrous oxide for legitimate uses, including in industry and catering.
Drug misuse ruins lives and adversely affects society as a whole. The Government have a responsibility to protect the public—their safety and their health—and that is why we are proposing this action. As I have set out, nitrous oxide harms not only people but communities and must be subject to stricter controls. I commend this order to the Committee.
Lord Hayward (Con)
My Lords, I have a quick question about the overall legislation encompassed here. I am not unaware of the impact of people taking drugs, but at times it seems to me that the Home Office automatically wants to ban everything, with the net result that we drive more and more illegal activities into the hands of criminal gangs. Every time one does that, there is a risk that, rather than feeling better and achieving something, we just enlarge the black market of yet another section of society.
I have had the misfortune of having to nurse back, with friends, people who have become drug addicts. I was also offered nitrous oxide from a large container in the lift on the Elephant and Castle Tube line on 18 June. I have seen groups of people using it and proffering it to me. But while I accept the order as it stands, I wonder whether there should be a broader review of the Misuse of Drugs Act because of the implications of driving so much into the hands of criminal gangs and youngsters. We have debates about county lines and the like, which all seem to point in the same direction: we are quite happy to ban things, but there ought to be other solutions to this and other problems.
Stop and Search
Debate between Lord Sharpe of Epsom and Lord Hayward(1 year, 6 months ago)
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Lord Hayward (Con)
My Lords, I live in a street in inner London which is well known to the noble Lord, Lord Kennedy, as he went to school via it. On Thursday night, I chaired the selection of the impressive Festus Akinbusoye, the police and crime commissioner of Bedfordshire. He knows only too well how you can achieve from an ethnic minority in the police community. On Friday, I had seven police cars and ambulances outside my house, dealing with a machete attack in the house next door. The police dealt with the case in an exemplary manner but, as the noble Lord, Lord Ponsonby, identified, there is the risk of alienation. From the pictures I have, not one of the policemen dealing with that case was non-white. Is it really surprising, when it comes to stop and search, that there is alienation among the ethnic communities, when one faces that sort of position? Could my noble friend the Minister identify what efforts are being made to improve the diversity of police forces across the United Kingdom?
Lord Sharpe of Epsom (Con)
I thank my noble friend for his question, and I am delighted to hear him describe the police’s activities as exemplary. I have three points to make on this subject.
First, the police themselves, in particular the Metropolitan Police, have said that they need to do a good deal more in this regard, and I certainly trust them to do that. The Metropolitan Police, under Sir Mark Rowley, should be given time to make the changes we all want to see.
Secondly, I emphasise again that young black men are disproportionately more likely to be victims of serious and violent crime, but the 2021 report by the inspectorate concluded that the vast majority of searches were conducted on reasonable grounds. It is for the police to make sure that their powers are understood and to explain themselves carefully. The expanding use of body-worn cameras, to which we have referred, will go a long way to help that. As I said earlier, we should all accept and acknowledge that community support is there in principle, although it is contingent and fragile. These measures will go a long way to solidify that while trust is being restored.
Finally, I am pleased that my noble friend has mentioned Festus Akinbusoye. He is an excellent PCC, and I am sure that he will become an excellent MP in due course. He has long been a supporter of mine, and it is a great pleasure to return the favour.
Police and Crime Commissioners: Accountability Arrangements
Debate between Lord Sharpe of Epsom and Lord Hayward(1 year, 10 months ago)
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Lord Sharpe of Epsom (Con)
I am afraid I cannot answer that specific question, but I can and will say that the public profile of PCCs means they are scrutinised in a way that anonymous police authorities were not. I think the fact that we have this conversation on a relatively regular basis is proof of that. Ultimately, PCCs are directly elected by the communities they serve, and the public will have their say in due course. The noble Lord raised a point on turnout. In 2021, the turnout figure was 33.9%, a 6.5% increase from 2016 and a significant increase on 2012.
Lord Hayward (Con)
My Lords, on 21 December, in answer to the noble Lord, Lord Ponsonby, my noble friend was willing to describe the current circumstances as “disturbing”—this was previously indicated. We have now seen a further month and four days pass, so could my noble friend please indicate when “disturbing” becomes “unacceptable”?
Lord Sharpe of Epsom (Con)
My Lords, they are disturbing; they are concerning; they are all of those things. I cannot say they are unacceptable at the moment because, unfortunately, the responsibility for this particular misconduct hearing lies with the Cleveland police and crime commissioner.