Drug Reclassification: Monkey Dust

Debate between Chris Philp and Jack Brereton

Tuesday 1st November 2022 Westminster Hall

[Chris Philp]

I completely agree about the importance of visible, active town-centre policing. In fact, I have seen it in my own town centre in Croydon. I met our borough commander, or basic command unit commander —the chief superintendent—only last Friday, and he made exactly the same point. The police uplift programme has delivered officers to police Croydon town centre, which does make a difference. We want to see that replicated in towns and cities across the country. The police uplift programme provides the numbers of officers to do exactly that.

I should probably turn to the central ask of the debate—I am not trying to avoid the question or obfuscate in any way—which is the question of how this family of drugs, cathinones, is classified. It may be worth reminding colleagues of the maximum prison sentences available for those convicted of the supply and possession of class A, B and C drugs. These are the maximum sentences, which courts often do not use because sentencing guidelines set out the sentence that should be used in practice, having regard to the circumstances of each case. These are the current maximum sentences that the courts have at their disposal for supply: for class A drugs, it is life in prison; for class B drugs, 14 years; and for class C drugs, a maximum, again, of 14 years. For possession, the maximum sentences are: for class A drugs, a maximum of seven years; for class B drugs, a maximum of five years; and for class C drugs, a maximum of two years.

I stress that those are maximum sentences and a court will very often sentence a long way below the maximum, depending on the circumstances of the case. Increasing the classification obviously increases the maximum, but it will also increase the likely actual sentence, because courts will look at the maximum when they sentence in each individual case. The sentencing guidelines are pegged off the maximum sentence. I thought it was worth setting that out as a little bit of background.

On the classification of drugs under the Misuse of Drugs Act 1971, the Government have a statutory obligation to consult the Advisory Council on the Misuse of Drugs before making any change to the classification. That was last looked at in relation to cathinones in 2010, when the ACMD advised the Government to maintain the class B classification. From what I have heard from my hon. Friends the Members for Stoke-on-Trent South, for Stoke-on-Trent North, and for Newcastle-under-Lyme, what has been happening in those places since 2010 represents a significant escalation, or deterioration, in what has been happening on the ground. Indeed, it sounds like a phenomenon that has been happening in the last three, four or five years.

In response to the debate, I intend to commission Home Office officials to advise on whether we should submit the cathinone family of drugs to the ACMD for an updated evaluation to see whether reclassification is needed. We need to make sure that does not displace some other drug from the pipeline, but I will ask for that advice today and I am happy to revert to my hon. Friends the Members for Stoke-on-Trent South, for Stoke-on-Trent North, and for Newcastle-under-Lyme once that advice has been received and considered. I hope that that shows that this Westminster Hall debate has prompted action which otherwise would not have taken place. We will start the process of considering whether to submit this to the ACMD, while taking into account whether there is space in the pipeline. That demonstrates the value of these debates. I have only been in this job for three working days, but were it not for this debate the matter would not have come to my attention.

[Jack Brereton]

I thank the Minister for his efforts and words. That will make a huge difference. I recognise that there is an independent process, but I hope the decision ultimately results in the reclassification of the drug. I thank the Minister for all his efforts in just three days; I am sure he will continue in that regard.

[Chris Philp]

I thank my hon. Friend for his comments. There are three steps in the process. First, we need internal Home Office advice on whether we should submit this to the ACMD, which I will commission today. Secondly, having analysed the situation, if the advice concurs with what my hon. Friend said, we will make the submission. However, it depends on what the advice says. Thirdly, after submission, the ACMD will then have to do its work. I should be honest and say that none of those steps are guaranteed, but I will initiate the first step today.

We are almost out of time, so on that note, I thank my hon. Friend the Member for Stoke-on-Trent South for initiating the debate, my hon. Friends the Members for Stoke-on-Trent North and for Newcastle-under-Lyme for their extremely valuable contributions and the passionate eloquence that, as always, they show, and Home Office officials who have been supporting work in this area. I look forward to further debates on topics of importance in this new role.

Question put and agreed to.

Immigration Rules: Supported Accommodation

Debate between Chris Philp and Jack Brereton

Wednesday 16th December 2020 Commons Chamber

[Chris Philp]

On the Select Committee Chair’s question about accommodation and support, I can confirm that it will be available, as I have said already, because not to provide it would breach article 3. That support will be available and people will not fall into destitution.

On the negotiations, back in May—I believe it was 19 May—we tabled an EU proposal on these matters, but if that is not agreed to in the course of the current discussions, we will seek bilateral agreements with various countries. As I said to the right hon. Lady’s Committee a week or two ago, individual member states have been asked by the Commission not to engage in such discussions while the European negotiations are ongoing, so we will commence those as soon as we are able to. Even in the absence of those discussions, it is possible to raise returns cases on a case-by-case basis with member states, which, of course, we can do from 1 January. Critically, the new provisions prepare the way—they lay the foundations—for agreements that we may reach in future, besides facilitating case-by-case action.

Finally, although currently in force, the Dublin regulations have not been terribly effective. The right hon. Lady will know that the numbers we successfully return under Dublin are really rather small, numbering in the low hundreds per year. I am confident that, through active negotiation, not only can we replace Dublin but we can improve on it.

[Jack Brereton (Stoke-on-Trent South) (Con)]

I thank the Minister for everything he is doing to tackle illegal migration into this country. As he knows, in Stoke-on-Trent we have resettled the largest number of refugees in the region, which has put significant pressure on local services. Will my hon. Friend look at what more can be done to ensure that local services are not overwhelmed, and put more pressure on local authorities in other parts of the country that are not contributing fairly to the rehousing of refugees?

[Chris Philp]

I thank my hon. Friend and Stoke-on-Trent for their work to welcome genuine refugees, including as part of the resettlement programme. He raises a good point, because some parts of the country decline to take unaccompanied asylum-seeking children as part of the national transfer scheme, thereby putting enormous pressure on gateway authorities such as Kent, Portsmouth, Croydon and Hillingdon; and many other authorities, despite proclaiming themselves to be cities or even nations of sanctuary, often do not give consent for dispersed accommodation for asylum seekers. I say to any of those local authorities and to the devolved Administrations in Scotland and Wales: please help us by accepting unaccompanied asylum-seeking children under the national transfer scheme, particularly from Kent, Portsmouth, Hillingdon and Croydon, and please give consent for dispersed accommodation, because it is essential that we have that available to accommodate people who are seeking asylum.

Scheduled Mass Deportation: Jamaica

Debate between Chris Philp and Jack Brereton

Monday 30th November 2020 Commons Chamber

[Chris Philp]

In relation to deportations only, the 1% figure is very similar to the figure for removals more generally. In relation to the hon. Gentleman’s point about Stephen Shaw, we did not accept his recommendation about age back in 2018, and we do not accept it now. We remain fully committed to implementing the obligations imposed by the UK Borders Act 2007, as passed by the last Labour Government. In terms of due process and decision making, of course there is an extensive set of legal processes that anyone is able to avail themselves of, and they frequently do. I mentioned that just a few days ago somebody convicted of murder got themselves taken off the flight by launching just such an appeal, so there are plenty of processes—I say that advisedly—that people can avail themselves of if they disagree with any particular decision.

[Jack Brereton (Stoke-on-Trent South) (Con)]

The Opposition have been very clear that they oppose the Government’s efforts to deport foreign criminals who pose a risk to the British public and the people of Stoke-on- Trent. Does my hon. Friend agree that the Conservative party is the only party committed to law and order, evidenced further by our extra funding for more police?

[Chris Philp]

My hon. Friend is absolutely right. He is a great champion for the people of Stoke-on-Trent and in ensuring their safety as well. It is very disappointing to hear Labour Members questioning the removal of dangerous foreign nationals, although, interestingly, they are only raising it now, when we have had more than 30 charter flights go this year. This is the first time they have thought to raise this issue. This Government will defend the public and stand up for the safety of our constituents, and that is what we will do on Wednesday.

Oral Answers to Questions

Debate between Chris Philp and Jack Brereton

Monday 28th September 2020 Commons Chamber

[Jack Brereton (Stoke-on-Trent South) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The Government are committed to ending completely these dangerous crossings facilitated by ruthless criminals. These crossings are also unnecessary because France is a safe country. Our clandestine channel threat commander, newly appointed, is working closely with his French colleagues to stop these embarkations in the first place, and we are also working tirelessly to return people who have made this journey.

--- Later in debate ---

[Chris Philp]

My hon. Friend is quite right to say that our objective, and the Home Secretary’s objective, is to make this route completely unviable, so that nobody attempts it in the first place. It is dangerous, it is illegally facilitated and it is unnecessary. We are working with the French to prevent the embarkations happening in the first place. We are looking at tactics that we can deploy at sea to prevent the crossings from happening, and we are looking at what more we can do to return people once they make the crossing. Those measures, taken together, will make this route unviable and end these crossings.

[Jack Brereton]

People across Stoke-on-Trent are extremely concerned about the number of people we are seeing crossing the English channel illegally. Does my hon. Friend agree that asylum should be claimed in the first safe country and that we should deport those here illegally?

[Chris Philp]

My hon. Friend is absolutely right. France is a safe country and, as I said, people who wish to claim protection from persecution when they are in northern France should do so by claiming asylum in France. There is no need at all to attempt this dangerous and illegally facilitated crossing. When people do make the crossing, we are using all the legal means available to us to ensure that they are returned—for example, to countries where they previously claimed asylum under the Dublin regulation—and flights doing that took place last week and will take place this week.