Psychoactive Substances Bill [Lords]

Debate between David Davis and Lyn Brown

Wednesday 20th January 2016 Commons Chamber

[Lyn Brown]

I do not think that we should be doing this the other way round. I will explain why as I go along. My feeling is that this Bill should be about harms. Poppers have not been controlled by any Government. They have been around for decades—I think they were created in the late 19th century. I understand that they were used by some Ministers to keep them going at the Dispatch Box, and that they were prescribed at the time by their doctors. The reality is that if we ban poppers now and then unban them in four months’ time, it would create confusion. It would be better to allow the current situation to continue. If the test of significant harm is proved, then we should ban them and take them off the exempt list. We will not have created any underground laboratories that make synthetic poppers and then sell them in nightclubs. We will not be causing the harm that we would if we did not put them on the exempt list today.

[Mr David Davis (Haltemprice and Howden) (Con)]

I wish to express a view that is opposite to that of my hon. Friend the Member for Winchester (Steve Brine). The simple truth is that if we ban something and then take it back again later, we bring the law into disrepute. There is nobody in this House who is fiercer than I am in terms of banning inappropriate substances, but this is the wrong way round. I agree with my hon. Friend the Member for Reigate (Crispin Blunt) that we should keep poppers off the banned list until we know the facts.

--- Later in debate ---

[Lyn Brown]

I totally agree. My hon. Friend probably puts it better than I could.

[Mr David Davis]

I apologise to the hon. Lady for intervening a second time, but I just want to ensure that we get the reference point for harm clear. I know almost as little about poppers as she does—I spent this morning reading about them on the web. They can sometimes cause fainting and minor cases of blood damage. Paracetamol can cause damage; it can be used for suicide. Aspirin can cause damage; one can die from duodenal bleeding as a result. Let us be clear about what damage means. On the face of it, poppers do not appear to be harmful drugs.

[Lyn Brown]

Again, I agree with the right hon. Gentleman. The Home Affairs Committee concluded that poppers ought to be exempt from the ban. I hope that the Committee’s Chair, who has been in his place for most of the debate, will inform the House of his views on the Home Secretary’s response to his Committee’s recommendations, because I will be listening with great interest.

Poppers are not a new drug that has recently appeared on the market and that we know nothing about. As I have said, they were first created in the 19th century, so they are not a new chemical compound that has been synthetically produced to mimic the effects of already banned substances. There is a good argument to be made that poppers are not only relatively harmless, but are not the sort of “new” psychoactive substance that the Bill is intended to deal with.

We feel that a ban on poppers, even for a short period, would in fact bring about harms; it would take the sale of poppers out of this successful regulatory regime and users might end up being pushed underground, where unscrupulous and unregulated sellers, who are in it for the profit, are more likely to provide harmful compounds and possibly drive users towards harder and more harmful drugs. If it is likely that the review will take between four and six months—it might be even longer—that means four to six months of confusion, potential prosecutions and a real danger of under-the-counter sales of poppers that will not be subject to the same regulation. Even a temporary ban would create a real danger of harm. Will the Minister therefore consider a temporary exemption for poppers until the MHRA and the ACMD report back?

I understand that the Government have told the National AIDS Trust that the fear that I have outlined is unfounded, as a similar ban in Ireland has not led to an increase in popper-related harms. However, the National AIDS Trust has been informed by the gay men’s health service in Ireland’s Health Service Executive that poppers are still openly sold in Ireland’s sex shops and saunas, effectively placing poppers on the exemption list. If that is the case, we would not expect to see any harms associated with pushing popper use underground in Ireland, because the poppers market is still, in effect, out in the open. It therefore cannot be inferred from the situation in Ireland that there would be no health harms as a result of a ban on poppers here in the UK.

Additionally, I fear that including poppers in the ban might undermine the Bill and make it far more difficult to get across the vital message that psychoactive substances can be, and often are, very dangerous. There is a risk that the Bill will become synonymous with a ban on poppers, a substance that is thought to be relatively harmless, and that as a result the public will come to believe that all the substances banned by the Bill are relatively harmless. That would be an absolute disaster, and it would completely undermine the important work that the Bill is seeking to do.

Finally, given that poppers are widely used but relatively harmless, we fear that enforcing a ban would waste scarce police resources. Enforcing this legislation will be difficult enough without disproportionate police time being spent on enforcing a ban on a relatively harmless drug. If in future any evidence to the contrary is produced, then poppers should be removed from the exempted list or controlled under the Misuse of Drugs Act 1971.

The Minister said in Committee that it would be sensible for the Government to take stock of the evidence presented about poppers so that the House could decide on Report. I urge him to place poppers on the exempt list until the MHRA and the ACMD have considered the evidence and reported back. I will be listening intently to what he has to say.