Misuse of Drugs Act

Jeff Smith Excerpts

Thursday 17th June 2021 Commons Chamber

[Jeff Smith (Manchester, Withington) (Lab)]

I beg to move,

That this House has considered the Misuse of Drugs Act 1971.

I am grateful to the Backbench Business Committee for granting us the time for this debate, to the cross-party Members who supported the application, and particularly to the hon. Member for Reigate (Crispin Blunt) for co-sponsoring it.

This May marks 50 years since the Misuse of Drugs Act 1971 received Royal Assent. Back in 1971 there were three television channels; smoking indoors was normal everywhere from schools to doctors’ waiting rooms; and women could legally be sacked for being pregnant. Our culture and society now are completely different from that time, but our drugs regime remains the same, focusing on prohibition, criminalisation and punishment rather than looking at the evidence on what reduces harm to individuals and to society.

The 1971 Act was intended to prevent the use of controlled drugs, eliminate illegal drug markets and reduce the harms of drug use; it is not working. The data suggests that in 1971 there were fewer than 100 drug-related deaths in England and Wales; in 2019, drug-related deaths in England and Wales rose for the eighth year in a row to 4,393. There has been a 52% increase in drug-related deaths over the past 10 years, and 2,883 deaths resulted directly from drug misuse. These people mattered and many of their deaths were preventable. If there were better laws and properly funded treatment services, many could still be with us today.

In the late 60s, around 1% of adults had used drugs at some point in their life; the proportion is now 34%. While the drug market remains in the hands of criminal gangs, drugs are getting stronger and more adulterated. People are dying because they do not know what is in the drugs they are using. Even the Government acknowledge the failings. A 2014 Home Office report reviewed the evidence and said that

“there is no relationship between tougher/punitive sanctions on drug possession and the level of drug use in a country.”

Last year, Carol Black’s review of drugs for the Government said that the evidence suggests that

“enforcement crackdowns have little…impact on the overall drug supply…and can often have the unintended consequence of increasing violence, for example by creating a gap in the market for dealers to compete over, or increasing distrust in the drugs market.”

The police force in County Durham published evidence in which drug users were interviewed about a large-scale undercover police operation, which lasted six months, cost more than half a million pounds, and resulted in the arrest of over 30 people involved in the supply of class A drugs. When users were asked how long they thought the operation had strangled the supply of heroin for, one estimated four hours, and another just two hours. If people want more evidence than that, I recommend the books by former undercover cop, Neil Woods, who gives a graphic illustration of how the market is there and how, even if that market is interrupted, people come in and fill the gap. We cannot arrest our way out of this problem.

Through county lines, dealing and exploitation, more and more young people have been pulled into drug supply and a life of crime. In 2017 alone, 38,000 people were criminalised for possession of drugs in England and Wales, almost 3,000 of them under the age of 18—people unnecessarily criminalised, limiting their future life chances and their educational and employment opportunities.

A third of the prison population are there because of drug offences or offences relating to drug use. Putting people in custodial settings as a result of their substance use punishes those who need help, does not address the root cause of their issues, and is, more often than not, counterproductive All those things add up to part of the human cost of our drugs policy, but what about the financial cost?

According to the Home Office, in England alone, policing and enforcing current drug policy costs £1.4 billion annually. Half of acquisitive crime is related to illegal drug use. A different Home Office-commissioned report said that the failure of drug policies costs the taxpayer £10.7 billion a year in policing, healthcare and crime. The total societal costs of harms relating to illegal drug use is now £19.3 billion.

Another consequence of the 1971 Act is how it has held back scientific and medical developments. Drugs in schedule 1 such as Psilocybin, MDMA, LSD and DMT are showing real promise as potentially life-changing treatment options for conditions such as depression, post-traumatic stress disorder and addictions. While it is technically possible, it is slow, difficult and expensive to do medical research into schedule 1 substances. Under this policy regime, we are wasting money, wasting the resources of the criminal justice system, wasting the chance to do better research and to find evidence to inform our drug policy and our medical interventions, and wasting lives.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to my hon. Friend for setting out the scope of the impact of the drugs scene today and the implication that it has on residents, including in my constituency of York Central where there is an incredibly high level of drug deaths. This is how I got involved in the issue. I have been on a journey and learned how a public health approach can be transformative in diverting people away from crime, in ensuring that there is no exploitation, in providing good treatment, including engagement with drug consumption spaces, and in taking that full public health approach. Does he agree that we need a sea change now to see harm reduction, as has been tried and tested elsewhere, which has incredible outcomes that he, too, has seen.

[Jeff Smith]

My hon. Friend is absolutely right. This anniversary is surely the time to take stock, to change our approach to one that is rooted in evidence, and to do what is best for public health.

In 2019, the Health and Social Care Committee recommended such an approach. It called for

“a radical change in UK drugs policy”

moving

“from a criminal justice to a health approach.

It said:

“Responsibility for drugs policy should move from the Home Office to the Department of Health and Social Care.”

It supported a consultation on decriminalisation of drugs for personal use. By the way, decriminalisation is supported by the World Health Organisation, the United Nations Office on Drugs and Crime, the Royal College of Physicians and the Royal Society for Public Health.

The Government published their response earlier this year, saying that they had “no intention” of decriminalising drugs. They said:

“Drugs are illegal because scientific and medical analysis has shown they are harmful to human health”—

apart, of course, from alcohol, a drug that is more harmful to the user than most drugs aside from heroin, crack and methamphetamine. It is certainly not less harmful to the user compared with cannabis or ecstasy, for example, and it is legal.

Let us think for a minute, following the Government’s logic, what would happen if we made alcohol illegal because it is harmful to human health. People would not stop using it. They would get it from the black market, as they did during prohibition in the USA. People would die from badly produced moonshine, as they did in the USA, and the profits would go into the pockets of criminal gangs. Instead of that, we mitigate the harm from alcohol use by legalising it, regulating it, making sure that it is not poisonous and making it safe, and we can invest the tax raised from its sale in the NHS and public messaging. No one has ever given me a convincing argument as to why we do not take the same approach to cannabis, as many US states and increasing numbers of countries around the world are now doing. There is simply no logic to the Government’s approach.

There would be different approaches to different drugs, but what is common is that the current regime is not working. Over the last half a century, there have been calls for reform from a wide range of parliamentary Committees and public bodies. We have an increasing body of evidence to look at on how things could change for the better. The evidence from countries that have liberalised their approach to drugs does not suggest an associated increase in use.

The example of Portugal is worth highlighting again. In the early noughties, Portugal was in the grip of Europe’s worst heroin and drug death crisis. In 2001, it ended the criminalisation of people who use drugs and established a health-led approach instead. Since then, drug-related deaths have fallen and have remained below the EU average. The proportion of the prison population sentenced for drug offences fell from over 40% to 15%. The number of annual drug overdose deaths reduced from 318 in 2000 to 40 in 2015. There was an 18% reduction in the social costs of drug use in the first 10 years of decriminalisation. Problematic use and school-age use both fell, and rates of drug use in Portugal remain consistently below the EU average.

Even within the current regime, the Government could stop blocking some proven harm reduction measures, such as overdose prevention centres and drug safety testing, and they could ramp up and even out the provision of naloxone and heroin-assisted treatment. They could have encouraged more diversion schemes and more deferred prosecution schemes and could properly reinvest in the treatment budgets that have been cut in recent years.

[Rachael Maskell]

On the issue of diversion, I was told a powerful story about how young people, instead of getting a criminal record, were given the opportunity in life for someone to invest in them. As a result, they got apprenticeships and then got a job instead of a criminal record. Surely that is a better way forward for these young people’s lives.

[Jeff Smith]

My hon. Friend is absolutely right. We have the evidence in the UK. There have been some very good diversion schemes in Durham and the west midlands, and there are others. We do not need to look at the evidence abroad; we can look at the evidence in the UK.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Does the hon. Gentleman accept that, particularly in relation to cannabis, the initial warning and the fixed penalty notice that we use at the moment do not prevent in any way, shape or form people from also being given a diversion scheme and other steps being taken? There is no barrier to that at the moment, for example, in relation to cannabis.

[Jeff Smith]

That is true. My problem with cannabis is that the supply is still in the hands of organised criminal gangs. That, for me, is not a sensible way to approach our drug policy.

We can explore models of decriminalisation, and we know that those are associated with reduced risks of recidivism, a reduced burden on police resources and savings to the public purse related to social costs, or we can look at models of legalised regulation. Whatever happens, we need a wholesale, new approach to this problem. The Government need to be honest that the last 50 years of drug policy have been a failure and have come at a terrible human, societal and economic cost. We need to commit to a public health approach rather than a criminal justice approach to drugs policy—one focused on saving lives and rooted in support and compassion for those who abuse drugs.

Among the MPs who want to speak in today’s debate, there will not be a single view on the way we go forward and what an alternative to the current approach to drugs policy should look like, and there will be different approaches for different substances. I look forward to hearing the views of Members, but I suspect that we probably mostly agree that, on the 50th anniversary of the Misuse of Drugs Act 1971, it is worth looking honestly at the legacy of that 50-year-old legislation and considering what needs to change to better serve our constituents and our communities. We should take this opportunity for political parties and the media to stop weaponising drugs policy and have a grown-up discussion about how we protect our communities. Today I am calling on the Government to launch a full, open-minded review of this legislation to learn from our mistakes, because we cannot afford another 50 years of failure.

I will leave the final words to Anne-Marie Cockburn, who is a campaigner for Anyone’s Child: Families for Safer Drug Control. Anne-Marie’s daughter Martha, like people through the generations for thousands of years, just wanted to have a bit of fun and get high. She researched on the internet how to get high safely. She was 15 years old when she took an overdose of MDMA that killed her. Anne-Marie says: “As I stand by my daughter’s grave, what more evidence do I need that UK drug policy needs to change?”

--- Later in debate ---

[Nick Fletcher (Don Valley) (Con)]

Politicians are often most criticised for sitting on the fence. While I am sure that Whips across the House like to believe they are skilled in the power of persuasion, there is no hiding the fact that, often, many MPs made up their minds on issues long ago. However, it is clear that the time for an open and honest debate on the future of the UK’s drug policy is desperately needed, not least because the current strategy does not appear to be working.

When I speak to individuals from South Yorkshire police, the problem is self-evident. While time spent catching dealers temporarily reduces supply, there appears to be no lack of criminals. An ex-police officer told me recently about a huge drugs bust in April, in which everyone from the top ring leaders to the small dealers were arrested. After thousands of hours of police work, millions of pounds-worth of drugs were discovered, yet according to the former police officer I spoke to, the raid managed to keep cannabis off the streets for a whole two hours. Being tough on dealers does not seem to be working. The gains made by the police are small, and for this reason I have concluded that enforcement alone will never get us to a solution.

Every time someone buys drugs, they become part of the criminal supply chain; put simply, it links them directly to dealers who have no problem with carrying a knife or a gun. Because suppliers operate outside the law, they do not have the police to protect them, so instead they protect themselves with weapons. They do not pay taxes either, nor do they give a receipt. Equally, they are not held responsible if their product leads to hospitalisation or even death. While we are talking about drug reform, decriminalisation where users are not penalised for possessing drugs will not fix these issues.

The answer may be to totally legalise cannabis and, potentially, other drugs. I have heard some say that putting drugs in the hands of the Government or a legal partner takes the production and supply chains and any customer transaction out of the hands of criminals. I have also heard that such a policy makes sense as it would ensure that the quality of products will be controlled, leading to fewer deaths from consumption. Taxes could be raised and we could get consumers out of the supply chain.

Yet I am not convinced that adopting these policies would be trouble-free. For one thing, are we to believe that the persons involved in drugs would simply leave and go to find employment in a regular job? I am not convinced. After all, research from the Institute of Economic Affairs concluded that the current black market in cannabis is worth £2.6 billion per year, with 255 tonnes sold to 3 million users in 2016. Any movement to Government-controlled legalisation of cannabis would be a huge loss for current criminals, and I fear they would simply move into selling harder drugs, which it would be grossly irresponsible ever even to consider regulating.

Secondly, the legalisation of something like cannabis may lead to an upsurge in usage. There is conflicting evidence, but a recent peer-reviewed study conducted in the United States concluded that cannabis use has increased in states where the drug was legalised. With cannabis use increasingly being linked to psychiatric disorders, including depression, anxiety and schizophrenia, what toll would liberalisation have on our NHS and its mental health services?

[Jeff Smith]

The hon. Member makes an important point, but is he aware that the difficulty with cannabis is that it is made up of different compounds? THC and CBD are the two main ones, and the problem with the cannabis we buy on the street, which is mainly skunk, is that it is very high in THC, and that is what causes the problem. If we legalise cannabis and make the product safer by regulating it, we would have a better balanced product that is not as dangerous and will not be leading to the kind of consequences he has talked about.

[Nick Fletcher]

I thank the hon. Member for saying that, but I still go back to what I said before. If we legalise the cannabis we have talked about and make that safe, I still think the illegal or the criminal element would continue selling the cannabis—[Interruption.] It is not a good place to be.

The questions I have raised today are not new to those involved in policy making, yet such arguments will be new to many of my constituents, who unfortunately have had to deal with the effects of illicit drug dealing in their communities. That is why I believe this House and the Government need to have an open mind when considering reform in this regard. Before we rush into anything, we must ask what the potential effects of reform are, especially for our children and young people.

I therefore believe that, as compassionate individuals, the best thing for us to do is to deter people from starting the habit in the first place. With regard to drugs, this means doing everything we can—as parents, family members, community members, society, Government—to educate our children and look out for them, too. We need to look at who all their friends are, have high expectations for how they behave, keep them entertained and encouraged, keep them fit and healthy and, most importantly, give them a vision of a great future.

We also need to take responsibility for our own actions. That means the minority of successful people out there who are earning good money need to stop their weekend coke habit or their marijuana habit because, contrary to what they think, this practice is hurting communities and putting lives in danger. They need to think again because they are part of the problem. They are part of that chain and they are fuelling demand. Every time these people take drugs in expensive bars and nightclubs, they are part of the chain that has a nine-year-old running drugs, they are part of the chain that puts a knife in the hands of a 16-year-old, and they are part of the chain that leaves grieving parents mourning the loss of a son or a daughter who has just overdosed.

Put simply, there will be a lot less demand if the people who are not addicted but take drugs recreationally stop doing so. This reduction in demand would ensure that the market would shrink, and the number of dealers and crime would be reduced. When our police do the big drugs bust, maybe the streets will be drugs-free not for two hours; just maybe they will be permanently free from these dangerous substances.

In summary, we need to stop our young people getting involved in drugs by educating them about the damage they cause. We also need to put more support into helping those already affected by drug addiction. These two simple policies alone will help drastically reduce demand and therefore the size of the market. In turn, this would give our police forces a fighting chance to catch the dealers and other criminals involved in these supply chains.

--- Later in debate ---

[Jeff Smith]

I thank the Minister for his response—I am pleased that he is open to listening on this issue—and my good friend, my hon. Friend the Member for St Helens North (Conor McGinn), and the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), for their contributions, although I agree with the SNP spokesperson that it is regrettable that those three individuals, rather than health representatives, should be responding to a debate on drug policy.

We await the second report of the Carol Black review. The first report set out the very significant problems very well. However, the Government were very clear, in the remit she was given, that she is not able to look at legislative change, and I think that it is regrettable. I agree actually with the Minister that there is no silver bullet. This is a complex issue, and all I have been saying really, and all that most people have been saying, is: let us look at the evidence, let us review the Act and let us see if it is still fit for purpose. I personally do not think that is too much to ask.

This is the first time we have had a debate on drug policy in this Chamber since 2017, which is a shame because it is an issue in many—probably most—of our constituencies. As politicians, we really need to address this issue thoughtfully and with careful consideration to find the right way forward. I hope it is not another four years before we discuss this issue and look at the best way forward by looking at the evidence of how we reduce harm to our communities.

Finally, I thank all the speakers who have taken part in the debate today and, again, the Backbench Business Committee for allowing the time.

Question put and agreed to.

Resolved,

That this House has considered the Misuse of Drugs Act 1971.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for three minutes in order to allow arrangements to be made for the next item of business.