Draft Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024

Diana Johnson Excerpts

Tuesday 15th October 2024 General Committees

[The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)]

I beg to move,

That the Committee has considered the draft Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024.

It is a real pleasure to serve under your chairmanship, Mr Efford, especially as this is the first time that I have had the pleasure of addressing this Committee after a 14-year break. I am grateful to the Advisory Council on the Misuse of Drugs, known as the ACMD, for its advice which has informed this draft order.

The draft order was laid before Parliament on 2 September. The purpose of the order is to amend schedule 2 to the Misuse of Drugs Act 1971, the MDA, to control six substances and introduce a generic definition for nitazenes as class A drugs, and to control sixteen substances as class C drugs. The draft order also seeks to add clarity to the control of an existing class B drug, by adding an additional common name and its International Union of Pure and Applied Chemistry name to its entry.

Following the 66th session of the United Nations Commission on Narcotic Drugs, the synthetic opioid 2-methyl-AP-237 was added to schedule 1 of the single convention on narcotic drugs of 1961, to which the UK is a signatory. New synthetic opioids are a substantial current public health threat. They have similar effects to well-known opioids such as morphine and heroin, although some can be more potent. With a high potential for addiction and dependence, lower doses of these substances can lead to the same effects as other opioids. They have an increased risk of accidental overdose, which can lead to life-threatening outcomes.

In its report of 27 March 2024, the ACMD considered the harms of 2-methyl-AP-237 but also provided advice on closely related acyl piperazine opioids. The ACMD noted the likelihood of further increases in their prevalence, as well as the potential health and social harms associated with specific acyl piperazine opioids.

The draft order follows the recommendations from the ACMD and therefore seeks to control four named acyl piperazine opioids and two chemically bridged acyl piperazine derivatives, which includes 2-methyl-AP-237, as class A drugs under the MDA.

Under the MDA, there are a number of nitazenes, another type of synthetic opioid, that are already controlled as class A drugs. However, more needs to be done to reduce the opportunity for criminals to circumvent existing controls by making minor alterations to the chemical structure of existing named nitazenes under control. That is why the draft order implements the ACMD proposal to introduce a generic definition of nitazenes. The intention is to future-proof the legislation by covering known and predicted variants likely to present a significant risk to health. The ACMD has published four updates to address new structurally-related compounds under the definition. As such, the draft order introduces a generic definition for nitazenes as a class A drug under the MDA.

Benzodiazepines are sedatives known for use in various treatments including anxiety, insomnia and epilepsy. In recent years, we have seen an increase in the non-medical use of novel benzodiazepines. They and related compounds have been associated with significant health harms. Since the ACMD’s last report in 2020, further benzodiazepines and related compounds have been identified that are not controlled under the MDA. As such, the ACMD published new recommendations in March 2024. The ACMD recommended 15 compounds for control, none of which are licensed as medicines in the UK. As such, in line with the ACMD advice, the draft order seeks to control 15 benzodiazepines and related compounds as class C drugs under the MDA.

Xylazine is a non-opioid tranquilizer that has been approved for use in veterinary medicine. However, we have seen an increase, both internationally and in the UK, in its illicit use. Xylazine is being used to adulterate illicitly manufactured opioids such as fentanyl to produce a mixture which is known as “tranq” in the USA. Xylazine can dangerously lower an individual’s level of consciousness, especially if combined with other sedatives. So, the draft order seeks to control xylazine as a class C drug under the MDA, as recommended by the ACMD.

The draft order also amends the entry for methoxyphenidine, to add an additional common name and its full international standardised name. This does not affect the existing control of the substance as a class B drug, but adds clarity on exactly which drug is controlled, given that there are multiple common names.

If made, this order will mean that these substances will be subject to control under the MDA. Furthermore, enforcement agencies, such as the police, will have the appropriate powers to further restrict the supply and use of these substances.

While nearly all these substances are likely to be captured by the Psychoactive Substances Act 2016, the control of these substances under the MDA will enable higher penalties for their supply, as well as introducing a possession offence with wider reach. Those who supply or produce a class A drug could face up to life imprisonment, an unlimited fine, or both. For a class C, this could be up to 14 years’ imprisonment, an unlimited fine or both. Those found in unlawful possession face up to seven years in prison for a class A and up to two for a class C, with an unlimited fine, or both.

In addition to this order, a further statutory instrument will be introduced, via the negative resolution procedure. This is to make various amendments to the Misuse of Drugs Regulations 2001, known as the MDR and, if necessary, the Misuse of Drugs (Designation) Order 2015, to schedule and designate the newly controlled drugs, as appropriate. This follows the ACMD advice and will ensure that they will only be available for research or other special purposes under a Home Office licence.

As xylazine has legitimate use as a veterinary medicine, it will be placed in schedule 4, part 1 of the MDR to enable its continued legitimate use.

It is the Government’s intention that these amendments will come into force on the same date as this affirmative order, in early 2025.

The ACMD has provided helpful independent, detailed advice on the harms associated with these substances. We have a responsibility to protect the public against dangerous substances and will continue to act as swiftly as we can to ensure appropriate controls are in place.

I hope Members will approve this draft order and support the Government’s position to ensure that all 22 substances, as well as those caught by the generic definition for nitazenes, be subject to strict controls. I therefore commend the order to the Committee.

--- Later in debate ---

[Dame Diana Johnson]

I am grateful for the shadow Minister’s comments, particularly on the situation in Afghanistan; we need to remain very mindful of that. I will now respond to his questions.

It is absolutely right that we remain vigilant, and I am confident that the ACMD has the resources to do so. It has the power to access whatever information it needs about new variants coming into circulation. That is really important. In today’s proceedings we are very much taking a belt-and-braces approach, to make sure that we are ahead of the game wherever possible. I am confident that the ACMD will allow us to do that; we may well be back here in future if it provides further advice.

On xylazine, I take the point that we should keep an eye on how the legislation is working. As I said, it is a medicine that is used in veterinary science, and we need to make sure that it is still being used in the same way and that there are no problems with that. We also need to be mindful whether it is also being used in different ways. So, we absolutely remain vigilant. This is an area that I am particularly interested in and I will continue to look at these things as often as I can.

The hon. Gentleman referred to how the order could have issues around law enforcement and prisons. It is worth referring to the impact assessment and economic note that have been produced. Clearly, the law enforcement response is expected to be reasonably managed within existing resources; that is set out in the impact assessment. That is due to the relatively low levels of detection of these substances compared with other controlled substances, and the likelihood that such drugs are often possessed and trafficked with other substances already controlled under the Misuse of Drugs Act 1971. The police and other law enforcement agencies are operationally independent, as the shadow Minister knows, but we do expect them to prioritise resources in tackling crime, including drug-related crime, with a focus on those offences that cause the most harm.

I think we all agree that these are dangerous substances with potential to cause significant harm to individuals and society. It is right that all the substances that we have discussed today are put under strict controls under the 1971 Act. I therefore commend the order to the Committee.

Question put and agreed to.