Controls on Legal Highs

James Brokenshire Excerpts

Thursday 9th September 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

It is a real pleasure to serve under your chairmanship, Mr Davies, in your first debate in Westminster Hall. I congratulate you on your appointment to the Panel of Chairs. I wish you all success in that position and in chairing many more debates in the weeks and months ahead.

In securing the debate today, I wish to address the issue of so-called legal highs, which are new psychoactive synthetic substances. The coalition Government will not lose sight of the harms caused by all drug use. Within our objective of making society a safer place for young people, we need to be responsive to such new threats and new harms. Over the past 18 months or so, there has been a proliferation of so-called legal highs, which are often drugs with a similar molecular structure to a controlled drug, but they have been deliberately altered by unscrupulous manufacturers to subvert our laws by producing an entirely new compound which, although the pharmacological effects may be similar to or greater than the controlled drug, are not already controlled under the Misuse of Drugs Act 1971.

Those selling these potentially harmful drugs advertise them as legal and safe, often under purposely enticing brand names such as Fast Lane, Silver Bullet and many others, including Ivory Wave, to which I will refer later. They often label them as “not for human consumption” or “research chemicals”, or describe them as pond cleaner, plant food or bath salts, with the aim of circumventing medicines legislation—a purely insidious ruse. Another alarming feature is the way in which legal highs are advertised and sold over the internet, creating a more connected global marketplace, thus increasing the ways in which it is possible to buy drugs, which can be accessed by people of all ages.

A further layer of complexity is highlighted by the research from test purchases referred to in the latest report on naphyrone by the Advisory Council on the Misuse of Drugs. Although people who sell legal highs often brand them as legal, test purchases demonstrate that they may contain any number of illegal substances, especially cathinones, legal stimulants or other active and inactive constituents. Simply because a drug is marketed as legal does not mean that it is safe or, indeed, that it is legal.

There is no starker reminder of the problem than the UK’s experience with mephedrone, which was rapidly established in the UK and was eventually brought under the control of the Misuse of Drugs Act with cross-party agreement in the final days of the last Parliament. The hon. Member for Tynemouth (Mr Campbell) is here this afternoon, and I know that he was involved in work to secure that position.

I want to discuss first the harms of such drugs, because that is at the root of our concerns and responsibilities. It is becoming increasingly clear that those substances are far from harmless and can have similar health risks to drugs such as cocaine, ecstasy and amphetamines. The ACMD—our independent expert advisers—has provided full assessments of harms on a range of substances that could be described as the first generation of legal highs: gamma-butyrolactone or GBL; synthetic cannabinoids; benzylpiperazine or BZP; and related piperazines and cathinones, including mephedrone and naphyrone. It is clear that some of those substances are so novel that there is little research into the short, medium and long-term risks that they pose.

What we can conclude from the ACMD’s reports to date is that those drugs—in some cases, more properly described as chemicals—are far from safe. By way of example, the harms associated with mephedrone identified by the ACMD include anxiety and paranoid states, and the risk of over-stimulating the heart and nervous system to cause fits and delusions as well as the risk of dependency. The recently published 2010 annual report by the national programme on substance abuse deaths advises that mephedrone has been detected in a total of 38 deaths in the UK, and was the sole direct cause of death in at least two of them. In a further two cases, mephedrone was implicated but there were also underlying health issues. Mephedrone has been implicated in two cases of death by hanging and was a contributory factor to another two deaths by natural causes. A remaining 29 cases await the completion of inquiries by the coroner or the procurator fiscal. It should be emphasised that the risks associated with the substances are increased if they are used with alcohol or other drugs.

For the reasons I have set out, action to address the health risks arising from the use of legal highs, including new ones coming on to the market, is a priority for the coalition Government. We need to reduce the supply of, and the demand for, new substances. Our response must be wide-ranging, encompassing prevention, education, treatment and enforcement, and at its core is our legislative response. As with all drugs, enforcement action must be taken at home—at local and at national levels—at our borders and abroad, to create a hostile environment for those selling legal highs on the internet and in so-called “head shops”.

In many ways, policing legal highs presents particular challenges for law enforcement, but I am encouraged that with joint working across law enforcement we are beginning to gain a better understanding and application of the full range of tools and powers available. We are working closely with the Association of Chief Police Officers and other agencies to develop a comprehensive and robust approach to tackle the mis-selling of illicit substances such as legal highs, by taking local, targeted action. ACPO guidance has been updated and is available to all police forces in England, Wales and Northern Ireland.

My Department has also called on local trading standards teams, through local authority chief executives, to work in partnership with the police to deal with the sale of legal highs, taking full account of the latest evidence that something branded as legal is not necessarily so, and to make appropriate referrals to the police and otherwise apply their responsibility for enforcing offences under the Consumer Protection from Unfair Trading Regulations 2008. Trading standards and the police, in a number of locations, are working closely with a range of partners, including drug treatment agencies, schools and youth services, to gather intelligence and to tackle sales from head shops and the internet.

In Norfolk, for example, all retailers believed to be selling legal highs have been visited by local trading standards officers. In Suffolk, following effective action by the police and trading standards, all known retailers have now agreed not to stock or to supply legal highs. We should also remember that it is illegal to sell, supply or advertise legal highs for human consumption under medicines legislation. The Medicines and Healthcare products Regulatory Agency will take appropriate measures to control and enforce medicines law.

The UK Border Agency has undertaken effective enforcement action against criminal gangs that traffic such drugs across our borders, by seizing and destroying shipments of illegal drugs and of legal highs that have been subject to an import ban under the open general import licence. The Serious Organised Crime Agency has actively developed approaches to identify importers, distributors and sellers of legal highs. That includes activity in conjunction with law enforcement partners and in parallel with work conducted by Europol and by the European Monitoring Centre for Drugs and Drug Addiction to gather intelligence on suppliers of legal high substances on the internet. Productive discussions have taken place with the competent authorities within source countries, mindful of their internal laws and regulations.

Along with referrals for enforcement action where appropriate, SOCA has also taken action to disrupt such activity by using preventive tools, such as the removal of websites, either in tandem with more traditional activity or independently. As part of a wider initiative to disrupt criminal activity, SOCA has closed 113 websites that offered mephedrone or naphyrone for sale after the respective bans.

Those trafficking banned substances face a substantial term of imprisonment—up to a maximum of 14 years—and, where they have profited from any illegal trade, the courts have the power to seize their property and other assets under the Proceeds of Crime Act 2002. We are also strengthening our forensic capability to identify new illicit drugs and emerging legal highs by creating a virtual reference library of characterised chemical standards. Working with forensics providers, the library will allow new evidential methods to be used to enable the police and UKBA to enforce the law. We are introducing technology at the borders to support UKBA in identifying any new drugs imported into the UK. That work will feed directly into our early warning capabilities.

Enforcement action of that kind is effective. We continue to monitor the impact of the recent bans on mephedrone and naphyrone, but indications are that they have curtailed availability, with law enforcement agencies able to take swift action to seize drugs and, to some degree, with retailers self-regulating themselves. Since the bans were introduced, UKBA has made a number of detections. It has stopped more than 128 kg of chemicals that it suspects to be mephedrone from entering the UK, and has seized more than 125 kg of naphyrone. Early indications from the police and forensics providers suggest that there has been a sizeable number of seizures of mephedrone since the ban in April this year. I hope to see the anecdotal information translated into national statistics in due course.

Prevention of drug use is an absolutely important element of the coalition Government’s approach to drugs. Young people need to be empowered to make the right decisions, and we all have a role to play in helping them to do that by changing attitudes towards any drug use. Young people need to be aware of the dangers of substances, including emerging legal highs. Parents must take a certain amount of responsibility for this. We know that young people listen to and trust their parents on such issues, and that parents can be hugely influential.

We also need to ensure that we get the balance right between communicating information accurately to the media and young people to deter use, and avoiding inadvertently raising interest in experimenting with new substances as they emerge. Interest in mephedrone and searches to buy it online increased with media coverage. In June, I wrote to the organisers of music festivals to make them aware of that, and asked them to review the measures that they put in place to ensure that their festivals are as safe an environment as possible.

Since 2005, the FRANK service has been offering a universally accessible service for anyone wanting help, information or advice on drug issues. The service, which is available by phone, on the web or by e-mail, can put people in touch with local services in their area and send out free information materials. FRANK also provides partners such as schools, youth services, charities and local services with an effective means of engaging with young people through the distribution of leaflets and classroom packs to deliver drugs education.

Later this month, we will launch a campaign to raise students’ awareness of the dangers of so-called legal highs and the risks associated with the use of such substances. We have established a partnership with the National Union of Students to deliver the campaign, which will launch during the freshers period to coincide with the new university year and the run-up to Christmas. Our work will seek to educate students on health risks associated with the use of legal highs and inform them of the possible illegalities of using such substances. As part of that campaign activity, I will write to university vice-chancellors to make them aware of the issue.

The FRANK service will be a key vehicle for communicating those messages. It provides up-to-date information on legal highs to young people, parents and carers via its website, helpline and text service. FRANK’s key messages on legal highs emphasise, first, that just because a drug is legal to possess, it does not mean that it is safe, and, secondly, that it is likely that drugs sold as a legal high may contain one or more substances that it is illegal to possess.

Previously, head teachers and authorised school staff had the statutory power to search without consent only those who were suspected of carrying a knife or other weapon. On 7 July, the Minister of State, Department for Education, my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), announced that, as of 1 September—very recently, at the start of the term—that authority would be extended to include legal highs and several other articles. Our drug laws need to change more quickly to protect the public, and to combat the unscrupulous manufacturers and suppliers who seek to make huge profits at the cost of the health of the public, especially young people. As set out in the coalition agreement, the coalition Government have made it a priority to introduce a system of temporary bans as such substances emerge, .

The underlying purpose of the temporary banning power is to enable us to legislate quickly, while at the same time providing the Advisory Council on the Misuse of Drugs with the time and space that it needs to formulate its full advice. The power is subject to parliamentary scrutiny, and while it targets supply, it does not criminalise young people unnecessarily, particularly when the true nature of the substance may still be in question.

I want to make it clear that the temporary banning power is a key and necessary tool in our legislative response to this changing landscape, but our preferred approach to drug control will remain the one which the advisory council and the Government have adopted for the past 40 years: a full assessment by the council before any controls are invoked by Parliament. I also wish to endorse and, as advice leads us, continue to adopt the use of generic definitions in our drug legislation to capture not only the substance encountered in the UK but its related compounds.

The Government intend to amend the UK-wide Misuse of Drugs Act 1971 in this first Session of Parliament. The power will have the following features: orders placing a drug under temporary control will be subject to a 12-month time period or earlier revocation if, for example, the drug becomes subject to permanent control in that time; it will be applied to trafficking offences including possession with intent to supply, offer to supply, supply, importation, exportation and production; it will apply class B current maximum penalties and/or an unlimited fine on indictment and six months and/or a £5,000 fine on summary conviction; and it will subject an order for temporary classification to the negative resolution procedure, and retain the affirmative resolution procedure with Privy Council Order in Council for permanent control.

I wish to highlight three features. First, the possession offence ordinarily prescribed for illegal drugs under the 1971 Act will not apply. A possession offence would send the strongest message, but our focus is on targeting importers and suppliers to curb availability, not to criminalise users, especially young people, while the full nature of the substance is mostly uncertain. However, we will ensure that law enforcement officers have the power to seize and retain a drug under temporary classification.

Secondly, as with drugs brought under permanent control, the role of scientific advice is both integral and necessary to ensure that any temporary ban is invoked on a necessary and proportionate basis. The advice that the advisory council has provided is key to the effectiveness to date of the UK’s legislative response, and it has enabled the UK to lead the world in responding to such challenges. It is proposed that the council discharge this role under a temporary banning power in line with its statutory position to provide expert independent advice, including on a drug’s likely psychoactive properties, as well as an indication of likely harmfulness, and legitimate use, for which we would have to consider the impact of control, as we do for drugs subject to permanent control.

We are working closely with the advisory council to develop a protocol under which we would work under a temporary banning power. The council and the Government also need to oversee the development of a more systematic approach to providing early warning of new substances. Thirdly, it is my intention to apply the Proceeds of Crime Act 2002 to drugs that are subject to a temporary control order, so we will seize property and other assets from those who are caught peddling such drugs out of pure greed, recklessly or deliberately disregarding the harm that they cause. Pursuant to our wider communications response, a clear and consistent narrative around the temporary class will support the proposed new power, to ensure that it is not less effective than the current system of control, and that users do not continue to use a drug subject to temporary classification with impunity.

[Tom Brake (Carshalton and Wallington) (LD)]

Can the Minister clarify one aspect of the temporary ban? If the advisory council subsequently finds that the drug is not in fact dangerous in any shape or form, what will happen to anyone who might have been prosecuted for supply?

[James Brokenshire]

The hon. Gentleman makes an important point. In circumstances in which legislation subsequently changes, the criminal sanction still stands. That is why we have focused on the supply and public harm issues, rather than creating a possession offence.

If the ACMD were subsequently to determine that a drug under the temporary classification was not to move into a permanent classification, and someone had been convicted after an offence had been identified and a prosecution secured, that offence would still stand. That underlines the need for the protocol with the ACMD, which I have mentioned, allowing us to seek advice from it on the use of the temporary ban in the first place. That may be done on a more fast-track basis, but certain tenets need to be applied to that process, because the intention in using the temporary ban is not, as I have said, to circumvent the existing system but to use it. Issues to do with mephedrone and other legal highs have highlighted the potential need to act quickly, from a public harm perspective, and that is the focus of our intent.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Does the Minister not agree that it would be strange if subsequent medical advice changed our understanding of a drug, and we had to say to a group of people who had deliberately circumvented the law—and not on the basis that they thought that there was a moral right to obtain this harmless drug—“Actually, it’s fine, you can get compensation for whatever penalties we imposed on you”?

[James Brokenshire]

The relevant point here concerning legal highs is that the ACMD flagged up to the Government its concern about mephedrone, pointing out that there was a problem it needed to do further work on to reach a final conclusion. It was so concerned that it was almost advising the Government to take preventive steps. Through this mechanism we want to be able to act, from a public harm and a warning perspective, to ensure that those issues are dealt with swiftly and quickly. In other words, we want to try to reduce the risk of harm occurring. That is the emphasis and intention behind the temporary banning power, and it is consistent with the approach taken in other legislation: that if the law is subsequently changed, pre-existing offences that may have been incurred still subsist.

I should like to mention Ivory Wave, which is causing a number of hon. Members significant concern and has been mentioned in the press and the media. I want to deal with certain reports associating the use of the so-called legal high-branded product Ivory Wave with a number of localised accident and emergency presentations in the last few weeks. Health alerts have been issued by the chief medical officers for England and Wales and Scotland, and the FRANK service was updated to highlight the risks that we are currently aware of that are associated with Ivory Wave. We are actively monitoring the situation. My Department has received early information from the Scottish Crime and Drugs Enforcement Agency that the latest Ivory Wave products associated with the admissions in Lothian may contain a non-controlled amphetamine-type stimulant, Desoxypipradrol, or 2-DPMP. Confirmation from forensic providers and details of other sampling is awaited.

In Edinburgh, Lothian and Borders police, in partnership with the City of Edinburgh public health authorities, have visited a number of head shops, which has led to the removal of Ivory Wave products from sale. Hampshire police have also conducted a joint operation with trading standards, raiding two head shops on the Isle of Wight, resulting in the seizure of large quantities of legal highs and the arrest of two individuals for suspected supply of controlled drugs. In the light of that information, earlier this week I spoke to the chair of ACMD, Professor Les Iversen, and asked the council to keep a close interest in developments here and provide advice as necessary. I have instructed my officials to share with the ACMD information that we have and provide regular updates.

There were previous indications that the so-called legal high Ivory Wave had contained certain controlled drugs. Different supplies of Ivory Wave using that brand name contain different drugs, some of which may already be controlled drugs, hence our seeking further information on the forensics and the nature of the drugs seized under that branding.

We are dealing with this emerging and dynamic problem of legal highs, including BZP, synthetic cannabinoids, mephedrone and the latest so-called legal high. Although effective legislation is integral to our response to protect the public—particularly the health of our young people—from the harms of the drugs, there is no easy fix. We are working closely with the ACMD out of a shared concern about these new psychoactive substances. As well as advice on individual drugs, our response will also be informed by the advisory council’s thematic work on legal highs. That response must be wide-ranging, encompassing all the strands that will reduce both demand and supply. But let me say clearly to anyone tempted to try a legal high that just because something is advertised as legal does not mean it is safe—and it may not even be legal.

--- Later in debate ---

[James Brokenshire]

We have had a good, wide-ranging debate about legal highs. Various hon. Members highlighted the fact that even using that terminology brings about a misconception. To take the last point from the shadow Minister, the hon. Member for Tynemouth (Mr Campbell), about why people take drugs, including legal highs, when they know the risks, I think that that is part of the problem—they do not know the risks. The fact that something is branded as a legal high implies that it is safe. Therein lies part of the challenge in relation to these newly emerging psychoactive substances—I agree that that does not trip off the tongue, either—that highlights the important need to ensure that the legislation is there as a mechanism for telegraphing clear messages about enforcement of the law and about safety.

I noted the hon. Gentleman’s comments about mixed messages. I say to him very gently that his Government sent out very mixed messages about cannabis, so perhaps he is not in the strongest of positions from which to be pointing fingers about communicating messages.

[Mr Alan Campbell]

I just want to make a very personal point. The records show that in fact the very first time that the messages started getting mixed, it was not this Member of Parliament who supported that process.

[James Brokenshire]

I note the point that the hon. Gentleman has made, but clearly it was his Government who sent out some very mixed messages, even if he was not personally responsible for the decisions that underpinned them.

I want to cover as many as possible of the points raised during the debate, which has been helpful and constructive on the issues and challenges surrounding legal highs. It also touched on the drugs strategy from a broader perspective. I do not regard this as an opportunity for that broader debate, but it is important to recognise that the coalition Government are consulting on their new drugs strategy. We intend to publish the new drug strategy by the end of this year. Our strategic vision is set around the framework for the future delivery of drugs policy with four key themes, to which the hon. Gentleman has already alluded: preventing drug use; strengthening enforcement, criminal justice and the legal framework; rebalancing treatment to support drug-free outcomes, which is an important point to emphasise; and supporting recovery to break the cycle of drug addiction.

The Government are opposed to the legalisation of drugs and to decriminalisation for personal use. It would run entirely counter to our health and education messages. In many respects, the equation of safety with legality, as we have been debating on the issue of legal highs, makes that a very direct construct. On the possession of legal highs, I say to the shadow Minister that the temporary ban is, as it suggests, intended to be only temporary—a maximum of 12 months. If advice supports the classification of a drug within that 12-month period, we would act within that period. It may therefore happen in less than 12 months, which would then create the possession offence. Our approach with the temporary ban is to act quickly to stop supply and prevent harm, which is why we have tailored it as we have. It does not send out mixed messages, due to legality—in its broadest sense—being equated with safety. We have seen that and seen how the classification of drugs can have an impact on whether someone perceives a drug to be safe. That goes back to my original point on the equation of safety and knowledge, which has been highlighted.

We do not support the legalisation of drugs. Many drugs such as heroin and crack cocaine are clearly addictive and harmful to health, and our educational message, to young people in particular, is that illegal drugs are harmful and no one should take them. To legalise their supply for personal consumption would send the wrong message to the majority of young people, who do not take drugs on a regular basis, if at all, and, alongside that, it would increase the risk of drug use and abuse.

On the specific point about the Portuguese model, we are against that proposal. The Government are determined to prevent drug use and strengthen enforcement against supply, which is why we are asking experts for their views on a range of issues, so that users are strongly encouraged to address their dependency. That wider debate and consultation is taking place, but we are not looking at the Portuguese model, and do not think that it is the right way forward.

[Tom Brake]

The Minister says that he is not looking at the Portuguese model, but there were references in the press last week to the Government looking at the Portuguese and Spanish models. Were those press reports wrong?

[James Brokenshire]

I cannot comment on the countenance of reporting in The Observer, but I can send out a very clear message from this debate—the Government do not believe that decriminalisation is the right approach. Our priorities are clear. We want to reduce drug use, crack down on drug-related crime and disorder, and help addicts come off drugs for good. That is the emphasis of Government policy.

I would like to come on to the specific points that have been raised, and, in particular, the important point raised by the hon. Member for Barrow and Furness (John Woodcock) on the Medicines Act. The Act applies to medicinal products, so we need to establish certain key components—in other words, that a substance has psychoactive properties and is potentially meant for human consumption. That is where those who have sought to subvert the law through using certain phraseology in their advertisements have sought to obviate medicines control legislation.

I assure the hon. Gentleman that we remain in close contact with the Department of Health, as well as trading standards, to see how we can use the Medicines Act more effectively and to explore those options. I agree with him that it is absurd that products can be marketed as bath salts and other things, and are “not for human consumption”, when implicitly they may be intended to be so used, or there is recklessness. We are carefully exploring this area to see what enforcement options exist.

The points about the protocol and triggers are important. The purpose of the working protocol is to set out our engagement with the ACMD, and, through it, any legal controls on dealing with legal highs would be enacted. I am in close consultation with the ACMD to develop that working protocol, because it is important to give reassurance that the temporary banning power is appropriate. As I said to the hon. Member for Carshalton and Wallington (Tom Brake), the Government remain committed to the general response to the drugs being based on the existing framework under the Misuse of Drugs Act and on how the ACMD normally operates. Clarity over the protocol and the triggers, and setting it out in the working protocol with the ACMD are important to give reassurance on how we would use the temporary banning power.

[Tom Brake]

The Minister may be about to come on to this, but when does he expect the temporary ban to kick in after a product such as Ivory Wave suddenly hits the market? Obviously he cannot give us an exact response. What time scale are we talking about?

[James Brokenshire]

It is difficult to second-guess the issue or look into a crystal ball. We are in close consultation with the ACMD on the development of the working protocol, which I would not wish to pre-empt. In all the discussions I have had with the ACMD, it is clear that if a newly emerging psychoactive substance is identified, the intention is that advice would be sought on the associated harms. We would seek its advice on whether a temporary ban would be appropriate, so it is about working around that and the identification. Hon. Members also made points about the early warning system, and working with the ACMD on that and picking up things early enough to deal with appropriately.

[Mr Alan Campbell]

I am genuinely confused, but I am sure that the Minister can put my mind at rest. If a substance is subject to a temporary ban, why is it illegal to import or supply it, with fairly draconian penalties, but not illegal to possess it?

[James Brokenshire]

I thought I had already explained the position. I am sorry if I have not made it clear. The emphasis behind the policy is about ensuring that we stop the supply, importation and sale of the drugs and about ensuring that we can act quickly to deal with some of the challenges that I know the shadow Minister faced in Government over mephedrone. Perhaps I share his frustration at being told by the ACMD that there was a problematic psychoactive substance and feeling that one is unable to respond. There are certainly issues; he highlighted importation issues and the general licence that could be invoked, but that does not tackle domestic supply. To ensure that drugs do not get on to the streets and into the hands of young people, it is important to deal with the problem at the border and in this country. That is why we believe that the temporary ban approach is the right way forward when a newly emerging psychoactive substance that has been indentified as harmful comes through.

I would like to address the issue of whether a newly emerging substance has other uses. It is fair to make that point, and the Government will seek parallel advice from the Department for Business, Innovation and Skills on a drug’s legitimate use and will develop any required impact assessment, which will inform the decision on whether to impose a temporary ban on that drug. In the event that a legitimate commercial use is identified in discussions with the Department for Business, Innovation and Skills, the Home Office will take reasonable steps in the light of the ACMD’s advice on the risk to public health when a substance is misused, to ensure its continued availability for legitimate use under the temporary ban and, subject to further consideration, under circumstances in which that ban is made permanent. There are examples showing how that approach could be taken. It is important to recognise that point, and advice will be sought from the Department for Business, Innovation and Skills and the ACMD in relation to the application of those powers.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) raised the issue of what other countries are doing, and gave the specific example of Ireland. I am aware of the changes that are taking place there and of the fact that the Irish are considering a broader definition of drugs. We can look, too, at the example of the United States and the analogue legislation that is in operation there. The Advisory Council on the Misuse of Drugs is considering the broad policy issues and the various different examples. Although I cannot comment on whether it is looking at the Irish situation, it is doing broader work on legal highs. We await its report on appropriate approaches, which may take into account factors such as a broader definition. I do not want to prejudge or pre-empt the work of the ACMD, but we appreciate the work that it is doing, and look forward to its response. Certainly, we are considering a proportionate response based on the tenets of harm before imposing criminal penalties.

The hon. Member for Tynemouth asked whether other EU countries had taken different approaches on temporary bans. The experience is that those countries have tended to take a very narrow perspective on the utilisation of temporary banning powers. Spice was one of the cases in point. In this country, we have sought to take a more generic approach to a class of drugs, so that we avoid the issue of tweaking and slight chemical manipulation. The temporary bans and the immediate action that were taken in some other EU countries were much more narrowly focused, so we are not comparing like with like in that regard. The approach that we hope to take is very much looking at that broader categorisation rather that at one specific drug alone, without necessarily considering the anologies that may exist alongside all of that. That is very much part and parcel of the work that we would adopt.

I have a couple of things to mention in relation to the New Zealand case. I am advised that its class D is currently empty, but that could be a reflection of the fact that New Zealand has not had to respond to legal highs in the way in which the United Kingdom has. It is difficult to make cross-over judgments. Moreover, the class D model envisages a regulated supply as well, which is not the approach that the UK seeks to adopt.

The hon. Member for Carshalton and Wallington highlighted the issue of khat. The Government acknowledge the concern in communities affected by khat use, particularly in relation to the social problems, which include unemployment, family breakdown and financial hardship. We are committed to addressing any form of substance misuse and will keep the issue under close scrutiny. Home Office research into the social harms of khat use, as well as the treatment needs of users, was commissioned last year by the previous Government, and it looked at a number of communities and areas in England and Wales. We are quality-assuring the work and will produce an independent review of the findings, as is standard practice with all Home Office research reports. We will publish those reports later this year and consider them carefully.

This has been a positive and productive discussion on a sensitive issue that has impacted on far too many communities. Reflecting on conversations with parents of children who have been adversely affected by drugs and with those who have lost very close loved ones, I can say that they underline the importance that we must place on addressing the harms linked to these so-called highs. It is incumbent on us to continue to send out the message that simply because something is marketed as legal does not necessarily mean that it is legal, and above all it certainly does not mean that it is safe.

Question put and agreed to.