Misuse of Drugs Act 1971 (Amendment) Order 2022

Baroness Williams of Trafford Excerpts

Tuesday 25th January 2022 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Misuse of Drugs Act 1971 (Amendment) Order 2022.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank the Advisory Council on the Misuse of Drugs for its advice, which has helped to inform the order for consideration today. The advice, published on 20 November 2020, recommended that three drugs be moved from class C to class B of the Misuse of Drugs Act 1971. The drugs are gamma-Hydroxybutyric acid, which is known as GHB; gamma-Butyrolactone, which is known as GBL; and 1,4-Butanediol, which is known as 1,4-BD. I will refer to them collectively as GHB and related substances, or GHBRS.

The Advisory Council on the Misuse of Drugs recommended that all three substances be controlled under class B of the Misuse of Drugs Act 1971 because of their potential harm and the evidence of the prevalence of these drugs in the UK. GHBRS are central nervous system depressants. They have been used as recreational drugs, but they have also been weaponised to commit drug-facilitated sexual assault and other crimes. Although a misnomer, they are commonly referred to as date-rape drugs.

The Advisory Council on the Misuse of Drugs provided wide-ranging advice on these substances. Prevalence of use increased steadily from 2005 to 2015 and has plateaued since 2015. Gamma-Butyrolactone and 1,4-Butanediol are converted to gamma-Hydroxybutyric acid on ingestion and are therefore similar in effect. There is evidence of an increasing number of deaths associated with GHBRS since the ACMD last considered the harms, including 27 recorded deaths in 2018. It was found that GHBRS can cause profound unconsciousness and that there is a high risk to users of overdose and death. Other severe effects include loss of emotional control, depression, paranoia, anxiety, aggression, and persistent cognitive impairment. There is also very strong evidence of GHBRS being used to facilitate crime, including in high-profile cases. They were used by the serial rapist Reynhard Sinaga, and the murderers Stephen Port and Gerald Matovu, to incapacitate their victims.

Clearly, it is right that we follow the advice of independent experts and tighten control on these substances. Moving them to class B will increase the maximum penalty for unlawful possession from two years’ imprisonment or a fine, or both, to five years’ imprisonment or a fine, or both. This will signal to the public that offences involving these substances are treated seriously and subject to the appropriate penalties, acting as a deterrent for their possession and supply. It will ensure that sufficient punitive measures are available to the courts and will mean that the police place a higher priority on action against offences involving these substances.

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[Baroness Williams of Trafford (Con)]

I thank both noble Lords for their very constructive points during this debate. The case example that the noble Lord, Lord Ponsonby, gave was very pertinent to how we might approach drug use in society: seeing someone as a user but also as a potential victim. The noble Lord, Lord Paddick, may have told me before his moving story about the tragic consequences of using a drug that, as he said, is not only hard to detect once taken but very difficult to detect post-mortem because of how quickly it clears from the body. If someone is in a slightly confused state, having taken it and forgotten that they have taken it, the danger is compounded. I thank them both very much for those stories. On what further work will be done on post-mortem, which in itself is a difficult thing to determine, I will get more information if I can, but we recognise the difficulty of detecting post-mortem. I assume that people whose intent is criminal exploit those difficulties.

As I said earlier, the ACMD recommended that GHBRS be moved from class C to class B. We hope that reclassification will benefit the public by reflecting our new understanding of the harms of those drugs. Increased penalties for offences under the Misuse of Drugs Act, coupled with the effect of the regulation in restricting supply, are expected to deter and prevent crime, but I take the points of both noble Lords about education. The Government’s drugs strategy is not a simple one of legislation; it is about support, education and moving “from harm to hope”, as the long-term strategy on drugs we have in place is called. That symbolises what the Government are trying to do.

On investment—putting our money where our mouth is—we are investing another £780 million to rebuild drug treatment and recovery services, including for young people and offenders, with new commissioning standards to drive transparency and consistency. Strengthening the evidence base for how best to deter use, ensuring that adults change their behaviour, alongside targeted activity to prevent young people from getting into this lifestyle in the first place, is really important.

The noble Lord, Lord Paddick, said that young people do not pay attention to classification—I totally agree—so how would reclassification meet our ambition in the drugs strategy? We need to take a better approach; I think we have all recognised that. No matter who you are and where you use, you should be encouraged to change your behaviour and to face consequences if you do not. We all know that recreational drug use fuels criminal markets—they thrive on it—which has a terrible impact on those involved in supply and the communities in which it takes place.

The noble Lord also asked me about treatment available to support users of GHB. As I said earlier, there is now significant investment in treatment, which will mean that everyone who needs help with their drug use will be able to get it. Substance misuse commissioners and sexual health commissioners will be supported to work together to improve pathways between services for those who use drugs in a chemsex context, where GHB is of course frequently used, and local authorities will continue to play their role here.

On challenging the Government’s approach to drugs, we are clear that it is anchored in education and effective consequences to reduce demand, tough and intelligent enforcement to restrict supply, and evidence-based treatment to aid recovery and co-ordinated global action. As we know, the problem is a global one.

On discriminatory effects and the groups that are disproportionately affected by tougher penalties, I refer now to the MSM community. The ACMD says in its report that men who have sex with men are the largest user group of GHBRS—I do not think that is disputed. They are often taken in the context of chemsex. The changes in classification and scheduling will disproportionately impact this group. However, the potential benefits of reducing the prevalence and the harms from GHBRS will also benefit the group.

As both noble Lords have said, legislative changes in and of themselves will not act in isolation. We expect to respond shortly to the ACMD’s educational and treatment-based recommendations, which will be delivered by the Office for Health Improvement and Disparities. We hope that this will help to counteract any unintended impact of the reclassification of GHBRS.

I hope that I have answered both noble Lords’ questions. I am sure that if I have not, they will intervene on me. If there are no further points, I commend the regulation to the Committee.

[Lord Paddick (LD)]

I thank the Minister for her comprehensive explanation. I was not suggesting at all that it would be wrong if this change had a disproportionate impact on a particular section of society. My main concern is that, to me, with the knowledge that I have of controlled drugs and the way they are used, I cannot think of anything more dangerous in terms of risk to life than GHB and the related substances. Perhaps the ACMD felt that it could not do two steps at once—in other words, it could not go from class C to Class A, because that might undermine its previous assessment of the drug. As I explained, I understand that the long-term effects of cannabis can be quite damaging to people’s mental health, but there is not the same danger of cannabis being weaponised to commit sexual offences, for it to be used as a murder weapon, as it was in the Stephen Port case, or as an overdose resulting in immediate and sudden death. Yet it is being reclassified as the same class as cannabis when it appears to me, from my experience, to be far more dangerous than cannabis. Does the noble Baroness have anything to say on that point?

[Baroness Williams of Trafford (Con)]

I did not for a moment think that the noble Lord was objecting to the disproportionate effect on certain groups. When the ACMD considers things, it considers them very carefully and keeps them under review. I have tried to outline concern today about the stigma caused by increasing the classification on those who use the drugs, but also the desire to help people with the terrible problems that these drugs can cause. I am sure that it will keep it under review, and the noble Lord may well be right: it may recommend further classification in due course.

Motion agreed.