Psychoactive Substances Bill [Lords]

Debate between Cheryl Gillan and Lyn Brown

Wednesday 20th January 2016 Commons Chamber

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

The hon. Lady may not be aware that a very prominent anti-drugs campaigner in my constituency, Mary Brett, has always had a lot of problems with the FRANK website, particularly because of its emphasis on harm reduction. The feeling is that the website fails to really point out the dangers in a direct way that youngsters can understand. I therefore rise to support the hon. Lady in hoping that the Minister will re-examine this issue, because many very good campaigners with honestly held views think that FRANK is not good enough.

[Lyn Brown]

I thank the right hon. Lady for making that point. I know very little about drugs, apart from what I have learned hard over the past few months. I did not even know what poppers were when I first took on my brief—I had never heard of them; I thought they were the little things with the string that we had at parties. When I looked at the FRANK website it did not enlighten me that much. I needed something a bit more basic that would help to enlighten and educate me, and I therefore agree with the point she has made.

I urge the Minister to accept my amendment 4 and pledge to report to Parliament on the progress made in delivering the Government’s education strategy. It really is not a big ask and if the Government are serious about drugs education—I genuinely believe that the Minister for Policing, Crime and Criminal Justice is—they ought to be committed to monitoring this rigorously, at the very least. He claimed in his letter to the Bill Committee that the statutory review should focus on the operation of the legislation. I agree, but the operation of this legislation will not happen in a vacuum. He has repeatedly said that it must be complemented by a communication and awareness strategy. It therefore seems appropriate to me that a look at the “operation” of this legislation would include a substantive section on education and awareness, just to make sure that we are getting the messages out there and reducing demand.

I am sure the Minister will agree that we should be keen to review and evaluate the impact this legislation will have, and I am pleased there is provision in the Bill to ensure that that will happen. However, will he provide assurances that in the regular and annual collection of statistics about arrests, prosecutions, sentencing, offender management and treatment, information collected about substances covered by this legislation will not be subsumed into the similar data collected for drugs controlled under the Misuse of Drugs Act 1971? Similarly, will he confirm that surveys carried out by the Government on crime and public health will separate out the consideration of information about the Misuse of Drugs Act controlled drugs and of information about psychoactive substances? I raise that matter because it will be too easy simply to obscure the impact this legislation will have if the information is collapsed into the existing systems for collecting data about action taken on drugs controlled under the Misuse of Drugs Act.

I would also like the Minister to accept new clause 1—a girl can dream! The Government’s approach to PSHE simply is not working and we cannot stand by and let that happen when new psychoactive substances are bringing new dangers into our communities.

While I am on my feet, I will also speak to amendment 5, which, if passed, will add poppers to the list of exemptions to the ban on psychoactive substances. Poppers would then be treated like nicotine, alcohol and caffeine—substances that we know to be psychoactive, but do not feel it judicious to ban. We support the Bill because legislation is necessary to safeguard against the serious harms created by new psychoactive substances. Our concern to safeguard against harm is exactly why we believe that poppers should be exempt from the ban on psychoactive substances. In our judgment, fewer harms are likely to occur if poppers are added to the exemption list.

Cannabis

Debate between Cheryl Gillan and Lyn Brown

Monday 12th October 2015 Westminster Hall

[Lyn Brown (West Ham) (Lab)]

It is a pleasure to speak under your chairmanship, Mrs Gillan. I start by thanking the Petitions Committee for scheduling this debate. I thank my hon. Friend the Member for Newport West (Paul Flynn) for his measured and well-researched contribution. The e-petitions process is an invaluable addition to our democracy, as it ensures that we can directly respond to the interests of the British public. That can only be a good thing. The petition that sparked this debate was signed by 125,000 people in just four days. It is clear that there is a degree of public interest in the legal status of cannabis, and it is right that we carefully consider the issue. The debate’s quality has allowed us to do precisely that, although this is clearly not the end of the debate.

Since the late 1990s, cannabis use in Britain has significantly reduced, particularly among the young. According to Home Office statistics, nearly 30% of 16 to 24-year-olds had used cannabis in 1998. In 2014-15, it was a little over 16%, although the percentage had slightly increased over the previous two years from 13%. We are still on a positive trend, although it would be invaluable to understand what has driven the increase in the past two years. I wonder whether that is related to the cuts we have seen to youth services. It is also important to note that there has been an increase in synthetic cannabinoids.

As has been discussed, Portugal and other countries have chosen to decriminalise cannabis and other drugs. I know some would like to see us go down the same route in Britain. When considering lessons from Portugal, we should be clear that its drug policy is far from permissive. It removes criminal penalties for simple possession of small amounts, rather than having the wholesale decriminalisation of possession, supply and production offences. Those caught with drugs are summoned before a tribunal or dissuasion commission, which includes a psychiatrist and a social worker, who often mandate rehabilitation services or issue financial penalties. There is still a concerted effort by law enforcement, working in conjunction with the health service, to reduce drug use and in particular to control production and supply.

I am aware that Björn Hibell’s study of European drug trends shows that cannabis use is reducing among the Portuguese young. However, we must recognise that cannabis use is decreasing even faster among British youths, although from a higher base, and that there has been an increase in the use of cannabis and other decriminalised drugs among older groups in Portugal.

I understand that one reason why many may have signed the petition is that too many people, young and old, feel that they have had their lives blighted by a conviction for the possession of cannabis. A conviction may well prevent someone from getting a job while it is still on their record, and some professions—in law, accountancy and medicine—even require the disclosure of spent convictions. Our police have discretion over how to enforce the law against possession. In some areas, such as Durham, that means a force-wide policy of not charging people for possession, or even for growing their own plants. In other areas, individual police officers are allowed to make their own judgment, which includes charging people with a first offence and the possibility of a custodial sentence. We have de facto decriminalisation in some parts of the country and enforcement in others. This is an extraordinary postcode lottery. Given that a drug conviction has such a serious impact on a person’s life, this postcode lottery is simply unacceptable.

We should also recognise racial disparities. Black people, on average, use drugs less than white people, but are six times more likely to be stopped and searched for drugs. This inequity needs to stop, so I say gently to the Minister that what we lack at the moment is Government direction and leadership. If the debate does nothing more, I hope that it will flag up to the Minister that he might have some work to do to ensure the equity of law across the country and for all citizens.

My hon. Friend the Member for Newport West has consistently campaigned for the use of cannabis to be legalised for medicinal purposes, and he has made that case again today with characteristic eloquence and sincerity. I have enormous sympathy for anyone who seeks the most effective way to access pain relief. I do not doubt the reports made by those with multiple sclerosis and other illnesses that drugs can bring pain relief and improve muscle control. However, I do not believe that we need to legalise cannabis to have access to its medical benefits.

THC, the active ingredient in cannabis, is used as an ingredient in the drug Sativex, which we heard about earlier. It is already licensed in the UK—in Wales—to relieve the symptoms of MS and other medical conditions. We can and do benefit from THC without legalising forms of cannabis that are used recreationally. I understand that this is something that the Government’s drug advisers, the Advisory Council on the Misuse of Drugs, support.

I am also aware that Sativex is not available on the NHS in England owing to the cost of the drug. Although that is ultimately a decision for NICE—I accept that—I ask that Ministers look at this again. Sativex is, after all, available on prescription in Wales, as I have said, and MS sufferers in England should not face greater pain and difficulty simply because they live on the wrong side of a border. Despite the medical benefits of THC, which can be accessed through Sativex, there remains real public concern about the negative impact that recreational cannabis has on health. I share many of those concerns. My main worry about the drug is its impact on mental health, as eloquently outlined by the hon. Member for Central Suffolk and North Ipswich (Dr Poulter). We know that regular users are more likely to develop psychotic illnesses, including schizophrenia. There is also a link between cannabis use and developing depression or anxiety, particularly among those who started smoking cannabis as adolescents.

Britain has some of the highest rates of mental illness in the world. The Mental Health Foundation and Mind tell us that one in four Britons suffers from a mental health problem over the course of each year. According to the Office for National Statistics, 15% of us will seriously contemplate suicide at some point in our lifetime. Given these mental health concerns, I think it would be irresponsible to support measures that may make the drug more readily available—something likely to occur if we legalise the drug.

As I understand it, Holland abandoned its model of completely ignoring personal possession due to the impact of the drug on mental health conditions. This is worrisome, especially given the potency of cannabis on our streets. According to the Home Office’s most recent potency study, intensively grown cannabis, which is the most common form of the drug in the UK, has on average a 15% THC concentration. Traditional cannabis, if there is such a thing, has just 9%. Strong strands of cannabis have all the more impact on minds. We also have the growing problem of synthetic cannabinoids.

In conclusion, I ask appropriate Ministers to look again at Sativex and the use of cannabis for those with particular physical conditions that can be alleviated by the drug. I believe the Minister should look at the postcode lottery of criminalisation due to cannabis possession and use, but I am not persuaded of the case for the legalisation of cannabis. In this place, we should always have mind to the impact of our actions on public health. Legalisation will not improve this. Legalisation has the potential to exacerbate the problems that we have with drug dependency and mental illness.

[Mrs Cheryl Gillan (in the Chair)]

Before I call the Minister, it may be helpful to tell you that I intend to call Mr Flynn, the proposer, at the end. He has indicated that he would like to speak.