Misuse of Drugs Act

Debate between Kieran Mullan and Stuart C McDonald

Thursday 17th June 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

In a sense, it is a real pleasure to take part in this debate, as has been said, principally because it has been a terrific one with some fantastic contributions from all parts of the House. I commend the hon. Members for Manchester, Withington (Jeff Smith) and for Reigate (Crispin Blunt) for securing this debate on an incredibly important topic, and for their persistent pursuit of a policy-based approach to the subject. I could offer the same commendation to lots of Members in the Chamber, including hon. Friends.

In other ways, I very much regret having to take part in this debate. First, because, as other Members have said, I do not think it should be home affairs or policing spokespersons speaking today; it should be health spokespersons and we should be debating this issue absolutely through the prism of public health, not criminal justice. Secondly, like every hon. Member in this debate, I wish that we did not have to be here because drugs had been suppressed or eliminated a long time ago, but clearly we are as far away from that being a reality as we ever have been. That is fundamentally why Members are pushing for reform. There is no sign of significant change under the current regime.

Hon. Members have illustrated eloquently that this is a crisis, in terms of scale and the impact that it is having on individuals. Addressing this crisis will absolutely require the use of the full range of tools at the disposal of Governments: measures to address poverty and inequality; education; prevention; tackling stigma; treatment; harm reduction; recovery; mental health; housing; and, of course, law enforcement and criminal justice too—every arm of government must be involved.

We have debated and will continue to debate all the different policy responses, but today the focus is on the Misuse of Drugs Act at 50, the legislation that underpins and, I am afraid, casts a shadow over everything else we do to combat drugs. I share the analysis of the vast majority of hon. Members who have spoken that, in the 50 years since it was passed, the evolution and, sadly, the growth of the drugs trade has been extraordinary, as has been our understanding of it, but our legislation has tragically failed to move on in response. Indeed, many would argue that it was the wrong response at the outset, as the hon. Member for Reigate eloquently said.

[Dr Mullan]

If the central analysis is that the legislation is the cause of the problem, and the legislation is exactly the same in Scotland as in England, how does that account for the fact that the problem in Scotland, on some metrics, is more than twice as bad?

[Stuart C. McDonald]

Two things. Yes, the metrics in Scotland are very bad. The metrics for the whole United Kingdom are terribly bad—[Interruption.] Some metrics; I am not sure which particular metrics the hon. Member is referring to. However, that is not the point. With respect, I also do not think the point is to ask, “What is the cause?” We could say that, in some ways, the Act has caused all sorts of harms, but it is beyond dispute that it has failed to fix the problem. We are all calling for an evidence-based debate on whether we can do better, and whether different legislative approaches can do better. I cannot really see how Government Members can say that this is as good as it gets. Yes, there are other things that both Governments—all Governments—are doing, but if this is as good as it gets, we are a hopeless bunch. I think we should try to provide some hope to our constituents. That is what we are trying to do today. This debate should not really be about whether reform is needed but should rather be an evidence-based debate about the nature of that reform and how far we should go. I think even Government Members think changes can be made. Some of us will want to go much further, which I will come to right now.

There is an abundance of evidence on not only the need for reform but what sort of reforms work, coming from health and medical experts; law enforcement, as we heard; those working on the frontline with those with addiction; and those who have experienced addictions directly. International best practice can be a guide as well. That is why report after report, including reports from cross-party Committees of this House, have all called for reform. I will focus on three brief recommendations that both the Health and Social Care Committee and the Scottish Affairs Committee flagged up.

First—as I said, so I do not need to expand on it anymore—this policy area should be led by the Health and Social Care Department, not the Home Office. Secondly, both Committees said that, at the very least, we need to pilot and look at the use of overdose prevention facilities or drug consumption rooms. We heard from numerous hon. Members how these have been shown to save lives and reduce harm. They assist in ensuring that those who most need it can access support and treatment, and they protect the public from antisocial and dangerous public injection.

Thirdly, both of those cross-party Committees said that there should at least be a consultation on decriminalisation of possession. The SNP believes that there is already enough evidence for that, and we acknowledge that international evidence shows that that leads to less problematic drug use and less harm as a result, and less waste of police and justice resources. Let us at least look at it and review that.

I absolutely appreciate that the Government will not announce today that they will rip up the Misuse of Drugs Act and start again. However, knowing that the Government will not do that, and knowing that they are conservative and cautious about the possibility of reform, they surely to goodness must at least trial and research some of these possible new approaches. If they do not want to do that, they should devolve powers so that we can try—to Scotland, but also to other parts of the UK willing to pilot a new approach. As has been said, we will all benefit from what we learn as a result; whether it is a success or a failure, let us try. Instead of being scared of public opinion, test it. Put it to a citizens assembly and build consensus. I believe that the more folk understand about this issue, the more they see the need for reform. If nothing else, people see that it is their brothers and sisters, nieces and nephews, sons and daughters who the Government are criminalising rather than helping.

Finally, I have one or two nuts-and-bolts questions that I would be keen for the Minister to answer. First, as has already been asked, will he respond positively to the request for a four nations drugs meeting, which could hopefully include discussion of drugs overdose prevention facilities? Can he update the House on the issue of pill press regulation? What is his latest position on naloxone and widening distribution? Will he also look at drug checking facilities and allowing that approach to be trialled? Let us work constructively, follow the evidence and leave no option unexplored as we seek to tackle this crisis. That should include the possibility of radical reform of drugs legislation.