Drugs

Baroness Hamwee Excerpts

Thursday 17th October 2013 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, it is no surprise that this has been a very intelligent debate on a multifaceted issue. I congratulate my noble friend on packing so much into a scarily short time. I attended a seminar a little while ago. During the first session, the politicians blamed the media for blocking debate through overdramatic reporting. The second session was led by a journalist, who blamed the politicians for being risk averse. We say something about this in the report of the APPG, which is led so energetically by the noble Baroness. I add my thanks, too, to Frank Warburton and Jonathan Hurlow, who did a huge amount of work on it.

We said that we recognised that politicians were apprehensive about proposing change because they might be perceived as irresponsible or soft, so they shy away from rational decisions. The report states:

“Our current drug policy suggests a preference for a flawed policy rather than appear soft on a contentious issue”.

That was addressed to all politicians. However, changes are afoot. Like others, I am attracted by the Portuguese approach of—the description is perhaps more accurate than “decriminalisation”—depenalisation. It is not a soft option, nor is it regulation. There, the number of young people becoming addicted is falling, and so are drug-related deaths.

I will focus on one part of the all-party group’s work. We realised that the world had changed. As others said, drugs are traded on the internet. If we close a site here, another will pop up there. We may ban a new drug, but already there will be several in the pipeline, because scientists in China are poring over published research—using the detail of what is in the public domain—to make small changes in the composition of the drug so that it does not fall within the current classification. It is simply not possible to keep up under the system that we have now.

They are called “legal highs”. Well, yes, they are not illegal—but how do you get over the message that not being illegal does not mean that the drugs are not unsafe? As for cigarettes and alcohol, I cannot defend the fact that some drugs are taxed and some are banned.

The all-party group welcomed the fact that temporary class drug orders do not criminalise the user—not least because a criminal record carries so many problems with employment, relationships and so on, but does not necessarily involve treatment. We heard that some young people use new psychoactive substances—legal highs—because they do not want to break the law. I do not discount that. However, the orders seem to feed a drive for the development of alternatives that are subject neither to the orders nor to the Misuse of Drugs Act. Those alternatives may be very dangerous because their contents are unknown and change from week to week, and because young people make their own risk assessments without reliable information. A harm-based policy, which must be the logical approach, suggests that temporary orders should be in place long enough for a comprehensive risk assessment, with the benefit of avoiding criminalising young people.

The Misuse of Drugs Act is clunky. A witness told us that the system was designed to cope with alcohol, heroin and cocaine, one at a time. It focuses on criminal activity, with the obvious difficulty that if neither users nor police know the content of a substance, in the absence of accurate field-testing devices, what do you do? This and more led to our recommendation that the ACMD should become an independent decision-making body,

“to oversee risk analyses; coordinate the research they need; and make decisions on a scientific basis as to the correct classification for each drug, beginning with new psychoactive substances”,

leaving the politicians to focus on political decisions.

Of course, we need to be as imaginative as the suppliers and to look at all possible responses and tools, such as the use of the internet for good and using trading standards personnel. At the moment they are constrained in what they can do and frustrated by knowing that there has not been any deception of a buyer, who knows that they are not buying plant food or bath salts. It is a very odd collusion.

Like the noble Lord, Lord Birt, I was around in the 1960s. I do not know whether that qualifies or disqualifies me, but life was simpler then. The “war on drugs” is indeed too simplistic, and I have been greatly cheered by a lot of the views that I have heard today.