Legal Highs

Dan Jarvis Excerpts

Tuesday 1st July 2014 Westminster Hall

[Toby Perkins (Chesterfield) (Lab)]

It is a pleasure, as always, to serve under your chairmanship, Mr Chope. I have had rather a lot of experience of that recently, and long may it continue.

I want to offer some definition and context to the discussion about legal highs, spell out some of the problems that they are causing for my constituents in Chesterfield and push the Government to act on this appalling blight. Legal highs are a growing menace in our communities, endangering the health of young people in particular, breaking the hearts of their families, leading to crime as users steal to fund their habit and terrifying shoppers and shopkeepers in the surrounding areas. The truth is that some retailers are mocking the law, laughing at powerless regulators while visiting misery and mayhem on our communities, and the time has come for us to decide whether we are willing to have that happen or whether we are seriously and finally going to act.

I will start by defining legal highs. They are often referred to as “new psychoactive substances”. They are chemicals that have been synthesised to mimic the effects of conventional illegal drugs. People often think that because they are legal, they are safe. That is a dangerous myth and a message that the Government must be much stronger at combating. People selling these substances on the high street next to respectable chemists, photography and chocolate shops only underlines the impression that they must be okay. Legal highs are called “legal” only because they have not been banned yet. People need to be aware that the name in no way indicates that they are safe to use.

Legal highs are being developed at a speed never before seen in the drugs market. They are now widely available from a range of shops, takeaways and petrol stations. Legal highs are often even more dangerous than currently illegal substances. That has been clearly demonstrated by the spate of deaths from fake ecstasy, which is the name for various kinds of new psychoactive substances that are extremely dangerous.

Deaths are not caused just by overdoses. Legal highs can also cause accidental deaths and suicides, which is why it took several years to reveal the true death statistics for mephedrone. Only in 2012, following a review of all the different causes, did we get the true figure for mephedrone deaths in 2010, which was 43—43 lives pointlessly wasted as a result of something that was legal at the time.

The number of drug-related deaths in Britain is more than double the average across Europe, according to a report from the European Union drugs agency. The European Monitoring Centre for Drugs and Drug Addiction warned that so-called legal highs are involved in a growing number of deaths.

We know that there are more than 100 legal highs on the UK market. We have found out that these drugs are now available from more than 200 head shops on UK high streets. Today, we can see that they are also available from a range of other local shops and takeaways. It is estimated that 670,000 young Britons aged between 16 and 24 have taken legal highs. In the “European Drug Report” of 2013, the European Monitoring Centre for Drugs and Drug Addiction said that the average mortality rate in Britain due to overdoses of all drugs was 38.3 per million of population—more than twice the average for Europe. The agency found 73 new synthetic drugs in 2012. It surveys the number of internet sellers in the UK, which rose from 170 in 2010 to 690 in 2012. Just in those two years, the number went up by more than 500. The UK’s market is now the biggest in the EU and the second biggest in the world. There are also estimated to be hundreds of high street legal high sellers.

Legal highs are a relatively new challenge in drugs policy and are difficult to control under traditional drugs legislation such as the Misuse of Drugs Act 1971, because new versions of substances are developed at a swift rate to avoid the current controls. I would like now to talk about what the situation means to us in Chesterfield.

Chesterfield is a town that is performing well. Our town centre famously has fewer empty retail units than Windsor, and we outperform the local and national averages considerably. We have retained an old-style cobbled market feel with one of the UK’s largest outdoor markets, and we have an award-winning new indoor market. We have a successful fusion between the new retail offer and the traditional high street.

However, for retailers and traders on Packers row and Knifesmithgate, the existence of the Reefer store and the antisocial behaviour that surrounds its sale of products such as Clockwork Orange is turning trade, which is difficult enough in the present climate, into a total nightmare. No one should be frightened to go to work or to support shops on our local high street, but that is the reality for many retailers and shoppers in that area. Local cafés have had to deal with users falling asleep on their floor. Retailers have had the experience of terrified friends of users rushing in demanding that they call an ambulance. Market traders have been abused. Police have arrested those causing trouble only to find that the miscreants were back on the streets before the police had even finished their paperwork. Teenagers at the bus stop have been urged to buy legal highs for users who have previously been banned and have been asked for money to support the drug habit of those users. Shoppers have heard appalling language and witnessed much worse levels of antisocial behaviour. Shopkeepers have now branded Packers row a no-go zone, saying that it has become overrun with antisocial behaviour and drug use.

Chesterfield borough council and the community safety partnership have endeavoured to get the tenant’s landlord to take action using the immoral use clause in their tenancy agreement, but the landlord does not feel sufficiently empowered to do so. I feel that the landlord is wrong, but we need to do much more to support commercial landlords who want to get rid of antisocial retailers but do not feel able to do so.

I place on the record my thanks to Councillor Keith Miles, who is here witnessing the debate, and Councillor Sharon Blank. They continue to work on the issue with me. They, the community safety partnership and the police are rightly looking to us, as legislators, to back them up. I hope that we will not continue to disappoint them.

To give a sense of the impact that the problem has on the retail sector, let me read the words of Bridget Jones from Chocolate by Design, a retailer in Chesterfield:

“It’s absolutely horrendous, the shop”—

Reefer—

“is attracting an unsavoury group of teenagers that are hanging around here day in day out, their language is absolutely appalling and they are abusing old and young people…Just recently an ambulance had to be called out to somebody who had collapsed from taking these substances, somebody was actually treated in the shop next door too, after taking some sort of powder.

People won’t come up to this part of the town because they are ruining it, this behaviour isn’t just a one off, it happens all the time, we have just had enough.

My business is being affected tremendously, somebody is going to get killed out here from the stuff, that’s a definite.”

Bridget runs a store that holds parties for children who want to make chocolate and other confectionery. People come in to buy chocolate for their family and friends. Let us imagine someone trying to run a business in which they are trying to encourage young people to come from right across the east midlands to have an exciting birthday experience, and being greeted with that sort of conduct outside the store.

David Hilton-Turner, whose 14-year-old son almost died in Chesterfield as a result of legal highs, wrote to me to say:

“My son has been a victim of a legal high drug which he was lucky he survived. The shop in Chesterfield ‘Reefers’ sold it to a 17 year old who made an inhaler (bong) and gave it to my 14 year old son. He had never done this before but he ended up with a crowd of people who had. What I want is the shop closing down and somebody in government to ban this drug. It is sold as an herbal essence to over 18s but the shop does know what happens. Because of a legal loophole they get away with it. The police cannot do anything because of the loophole and I’m hoping you can before it causes fatalities. The substance in question is known as Clockwork Orange.”

In addition to the impact on the community, the police say that the problem around Packers row and Knifesmithgate is draining officers’ time and taking them away from solving other crimes. Nick Booth, police sergeant for the town centre, said that a lot of time was being spent in that troublesome area. He said:

“This is an area we are having to target for anti-social behaviour and perceived drug use. Kids are buying legal highs from Reefer and using them there.

Members of the public believe it is a big drug problem and it is still causing people harassment, alarm and distress.

Some of these young people are actually turning to criminality to fund this drug habit.”

Retailers are under siege from people who have taken legal highs or are involved in their distribution. This is a blight on our town centre, is frightening for the vast majority and brings shame on all those involved in it. Sergeant Booth said that the police had “their hands tied”, as the issue is difficult to manage. He said:

“Ideally we could do with a change in the law at government level that enables us to tackle them effectively.

Although the drugs are legal, they are similar to illegal drugs in the effects they have.”

The police are busy trying to educate people about the dangers of legal highs, and have made it one of the local policing priorities for Chesterfield, but they face an uphill battle. The Derbyshire constabulary sent out a warning about legal highs in May 2014 following the admission of two teenagers to hospital, but the Government’s current approach of attempting to ban them individually, substance by substance, which means that they are always one step behind the vagabonds who market these products, is clearly not working.

I understand that the Minister has appealed to the Chinese and Indian authorities for help in preventing the production of such products. Although I wish him well in that endeavour, surely we need to do more to target the retailers of the substances. On 27 February, he was reported to be within two or three months of publishing a review on legal highs, but four months on there is no sign of that review. I am informed—I hope that he can assure us that this is not correct—that he is considering the option of regulating rather than taking action to try to get rid of such substances. I think we need a much more robust approach.

[Dan Jarvis (Barnsley Central) (Lab)]

I congratulate my hon. Friend on securing this important debate. He is making an excellent contribution. He has described the situation in Chesterfield, and it is one that I absolutely recognise in Barnsley. He has spoken about what Government can do to resolve the issue. Does he agree that part of the way to tackle legal highs nationally is through cross-departmental co-operation? We are not just talking about the Home Office, although it clearly has an important role to play; we are talking about the Home Office working in partnership with the Department of Health, the Department for Education and the Department for Communities and Local Government to tackle the challenge. Does he agree that cross-Government working is important in resolving the problem?

[Toby Perkins]

That is an important point, and the problem has an impact on all those Departments, as my hon. Friend says. We must get cross-Government and cross-party work on it. I pay tribute to him for the work that he is doing in Barnsley to try to rid his constituents of this nightmare, and we will look at that and learn from it.

The owner of Reefers, the store in question in Chesterfield, apparently told the Derbyshire Times that the packets of Clockwork Orange that he sold made it clear that the product was not for human consumption. However, his store has a provocative name, graphics of spliff designs were originally painted on the side and it sells products that are used in the consumption of drugs. It mocks the law by claiming that it does not encourage drug use.

The Minister is on record as saying that we are ahead of other countries in our response, but Ireland, through the Criminal Justice (Psychoactive Substances) Act 2010, has already sought to ban legal highs. I would like councils to be given much greater powers to stand up for their local communities. I would also like us to take a lead and say that we are not willing to try to pursue the problem on a substance by substance basis, because the people involved are always one step ahead of us. They change the compound marginally, change its name and say, “You have not banned this.” I want us to get on the front foot and say that the producers of psychoactive substances know what they are doing and we know what they are doing, and that we will work collectively to get such substances off our streets.

We have rightly, over many years, taken the approach of refusing to legalise illicit and illegal drugs, despite the call from some quarters to do so. It is absolutely right that we treat legal highs, which are just as dangerous in many cases, in the same way. It is no good saying that products such as cannabis are illegal, but allowing producers of legal highs effectively to mock the law by creating new substances that have the same effects while we attempt to chase them item by item. It is time for us all to work together to develop a more constructive approach.