Misuse of Nitrous Oxide

Chris Philp Excerpts

Wednesday 23rd November 2022 Westminster Hall

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I thank my hon. Friend the Member for Wyre Forest (Mark Garnier) for securing this important debate. I put on record my thanks to his local radio station, BBC Hereford & Worcester, for its tireless and energetic campaigning and investigative journalism in this area. As my hon. Friend said, work by local radio stations, such as BBC Hereford & Worcester, is extremely important in raising those issues and drawing them to the attention of local Members of Parliament, and, through them, the Government.

The Government share the concerns that hon. Members have raised about the use of nitrous oxide. We are very conscious about its growing levels of use recreationally, particularly by younger people aged between 16 and 24. We are concerned about the effect it has on people’s physical and mental wellbeing. Often, drug consumption can have effects that take quite a long time to manifest For example, we know long-term cannabis consumption can lead to psychosis and psychotic episodes, but it takes quite a long time for that to manifest. With any sort of psychoactive substance there can be effects that are not immediately obvious, and only after the passage of time do they become clear.

[Taiwo Owatemi (Coventry North West) (Lab)]

This is a slight change of topic, but in Coventry we have had young people paralysed due to the neurological effects of this particular drug. Would the Minister speak to his counterpart in the Department of Health and Social Care about running a public health campaign to raise awareness about the effects of this drug?

[Chris Philp]

The hon. Lady is right to point to the need to elevate public awareness. All too often we find that people make an assumption about something that, on the face of it, appears relatively innocuous but can in fact have serious effects, either over time, as in the case of cannabis and psychosis, or if consumed in excessive quantities. The point my hon. Friend the Member for Wyre Forest made about very large cannisters is concerning. The point she makes about people ending up paralysed by consuming huge amounts of this stuff is deeply concerning. I will write to my colleagues in the Department of Health and Social Care conveying exactly that suggestion. I think it is a good idea. It may be worth her raising it directly with Health Ministers, but I will certainly write on that point.

[Janet Daby]

That is absolutely the right suggestion. With the public health campaign, could the Minister also speak to his counterparts in the Department for Education to make sure there is that connection between health and education, so that young people are receiving that information early?

[Chris Philp]

I can see my job list growing with every passing minute of this debate. I am happy to raise that with Department for Education colleagues. Education is important so that young people understand the risks they are running when they take nitrous oxide. We support an organisation called Every Mind Matters, which is an online resilience-building resource aimed particularly at 11 to 16-year-olds and provides them with information to make informed choices. Raising concerns about these drugs is important. Children obviously get taught about it in schools through relationships, sex and health education. That teaching became compulsory in schools from September 2020, so part of the curriculum is set aside for messaging of the kind that the hon. Member for Lewisham East (Janet Daby) pointed to.

Let me turn to some of the questions raised by my hon. Friends the Members for Wyre Forest, for Redditch (Rachel Maclean) and for Worcester (Mr Walker) about the legal framework and where we are with that. As my hon. Friend the Member for Wyre Forest said, nitrous oxide is currently controlled under the Psychoactive Substances Act 2016 rather than the Misuse of Drugs Act 1971, and there are provisions in the 2016 Act that control the supply of it but do not criminalise possession. It is an offence to supply nitrous oxide if the person supplying it knows or is reckless as to whether it will be used for its psychoactive effect. There is a legal duty on the supplier not to act recklessly in supplying it.

I was very interested by the example my hon. Friend the Member for Wyre Forest gave about an online company who were in his words acting as a “wholesaler” of this drug. He thinks it is not for legitimate purposes to do with whipped cream or other related commercial applications, but for use in a psychoactive context. He says the website sells it in forms of packaging that would appear to suggest it would be used for psychoactive effect, and there is content on the website pointing in the same direction, including suggesting people can take vitamin B12 supplements to counter the effect the nitrous oxide has. That all points to the fact that they may be supplying it for psychoactive purposes, not legitimate commercial purposes.

I have not seen the website, but were that the case, it would strike me that it probably would be reckless. The company acting in the way he describes would be acting recklessly as to whether or not it is being use to psychoactive effect. In fact, in some ways, the company might be implicitly encouraging it, considering the content he describes. I think my hon. Friend would have a case to refer that website to the police, drawing their attention to the provisions I pointed to. There might be grounds for investigation and prosecution under the law as it stands today for the reasons I just set out.

[Mr Walker]

I am very grateful to the Minister for making that clear. He is right. Where there is concern about these things, the website should be referred. I have come across similar cases in relation to even more dangerous substances. He will know about some of the debates we have had previously about DNP—or 2,4-Dinitrophenol—which is a highly toxic and deadly substance, sometimes mis-sold as a slimming aid or exercise supplement. Does the Minister agree that we need stronger powers to ensure we can take action against websites that sell these substances, because I am concerned.

I have seen cases and cases have been raised by my constituents where drugs that can literally kill people, simply through being ingested, are being mis-marketed, or marketed in a way my hon. Friend the Member for Wyre Forest (Mark Garnier) described—where it explicitly says, “This is not the use for it,” but then goes on to imply that someone can buy it and use it for all those things. That is very, very dangerous, particularly for young people to whom these things are targeted. Can I urge him to take more action?

[Chris Philp]

Yes, I think that is a very important point. Where the substance concerned has a psychoactive effect, it will fall under the Psychoactive Substances Act 2016, and where people are supplying it recklessly in the way that my hon. Friend the Member for Worcester just described, there is basis for action. If there is no psychoactive effect but the substance has some other adverse medical effect, that would obviously not fall within the purview of that Act, but such substances are regulated separately through the Medicines and Healthcare products Regulatory Agency and other regulators, who can make regulations to restrict supply. If there is evidence that there is misuse of substances that are legal, either tightening that regulation or having them reviewed by the Advisory Council on the Misuse of Drugs is the right way to go. If my hon. Friend has particular examples, he should write to me and I would be happy to take them up.

I am conscious that time is pressing upon us.

[Sir Christopher Chope (in the Chair)]

It is always pressing.

[Chris Philp]

Yes, time does always press.

[Sir Christopher Chope (in the Chair)]

This debate can go on until half-past eleven, but not beyond, if that is the question the Minister is asking.

[Chris Philp]

Thank you. That is very helpful, Sir Christopher; that was the clarification I was seeking, alongside your more metaphysical point about the pressing nature of time in general.

I return to the questions on the Advisory Council on the Misuse of Drugs. As my hon. Friend the Member for Wyre Forest eloquently and accurately put it, this matter was referred to the ACMD by the Home Secretary in September of last year, 12 or 13 months ago. We have not yet received its report. The Home Office has raised the matter. The ACMD is independent of Government so cannot be compelled, but it would be proper to draw its attention to this debate and the concerns that have been expressed from both sides on the issue, to make sure that it is aware of the strong parliamentary interest in this matter. That would be a proper and reasonable thing to do without trespassing on its independence. I agree with my hon. Friend that the issue needs to be looked at urgently.

Generally, the Government follow the advice of the ACMD because it has the medical expertise, although we are not obliged to do so. It is within that organisation’s power to make a recommendation on how the drug should be classified. If it were to give advice that it thought the drug sufficiently damaging, it would be open to the Government to reclassify and bring it within the remit not of the 2016 Act but of the Misuse of Drugs Act 1971, at which point it would become a prohibited drug and would fall into class A, B or C. The Government take the ACMD’s recommendations very seriously because it is the expert in this area.

[Rachel Maclean]

Will the Minister enlighten us, for the benefit of those of us not quite familiar with the role of this body? Does its recommendations include providing changes to the law and legal frameworks such as making it illegal to possess those substances in a public place, as I referred to earlier? How would that be enforced, based on those recommendations?

[Chris Philp]

The Advisory Council on the Misuse of Drugs principally makes recommendations about how harmful a particular drug is and therefore how it should be classified under the Misuse of Drugs Act 1971. That is the advice we have sought in this case. The consequences that then flow from classification are matters for Parliament to legislate; they are set out in law. There are obviously different criminal penalties depending on whether a drug is in class A, B or C, and there are different penalties for possession versus supply. The advice we are seeking is essentially medical advice on just how damaging the drugs are and therefore which regime they should fall within. I will convey to the ACMD how pressing Members of Parliament feel the issue is, quite rightly. The points raised have been very powerful and well articulated. I will undertake a third action to go and do that. This is an important issue, about which we are concerned.

I add a point before closing about the powers that local authorities have. One or two Members mentioned the associated antisocial behaviour and littering. There are powers available under the Anti-social Behaviour, Crime and Policing Act 2014 and other legislation to make various forms of order in this area, including orders on antisocial behaviour and dispersal. We also have public space protection orders, which are available to local councils to stop individuals or groups committing antisocial behaviour in a public space; such behaviour would clearly fall into that remit. Following consultation by councils with the police or the local PCC, councils can issue a PSPO, which would effectively prevent the activities taking place in a particular area. If there are Members who feel there is a problem in a particular location, I would suggest they get their local council to use PSPOs as an immediate measure and way of taking action. I thank my hon. Friend the Member for Wyre Forest for the opportunity to speak on this important issue.

Question put and agreed to.

Resolved,

That this House has considered the matter of the misuse of nitrous oxide.