Misuse of Nitrous Oxide

Debate between Chris Philp and Robin Walker

Wednesday 23rd November 2022 Westminster Hall

[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.