Drugs Policy Debate

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Department: Home Office
Monday 21st November 2016

(7 years, 5 months ago)

Lords Chamber
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Lord Mancroft Portrait Lord Mancroft (Con)
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My Lords, I thank the noble Baroness not only for introducing this debate but for her impeccable timing in doing so when we are waiting with bated breath for the Government’s revised drug strategy to be published.

I hope your Lordships will forgive me if I start my remarks by using the same words that I did when finishing our last debate on this subject, which is that it is uniquely not party political. In views shared across the whole House, there is broad agreement on the objectives of drug policy; where we differ is on how to achieve those objectives and how to balance the need to control supply with the better target of trying to reduce demand.

There have been two significant changes since we last debated this subject. First, the overwhelming evidence now shows us that the attempts to control supply have failed. We have been saying this for some years, but there is now hard evidence that they have failed, particularly in relation to cannabis. Secondly, this view is now the pre-eminent view. Whereas it was the view of the minority in the past few years, it is now, following the recent United Nations meeting in New York, the view of most people throughout the world. As has been said already, 28 American states, including California, and a number of European states are moving in the same direction—a direction which has been indicated by the Royal Society for Public Health, as the noble Baroness, Lady Walmsley, said earlier. An all-party report today in the House of Commons also indicated the same direction.

All these reports are saying that we do not want devolution but evolution of our policy based on evidence. The All-Party Parliamentary Group for Drug Policy Reform report, which has been referred to by many speakers, produces that strong, scientifically supported evidence. What steps are Her Majesty’s Government taking towards the medicinal use of cannabis for the conditions we have already heard about, such as chronic pain, arthritis, insomnia, fibromyalgia?

This is not a movement that requires a matter of principle to be changed. Following representations from the royal colleges and a number of doctors, the Home Office Minister with responsibility for drug policy in 1953 told your Lordships that heroin was a uniquely effective pain killer for those with terminal cancer and that, as a consequence, Her Majesty’s Government had decided to change their policy and that heroin was not going to be prohibited in the United Kingdom but was to be a controlled drug, as it is now, because it is the most effective drug for those particular conditions. The Minister in those days could not have known anything about the heroin addiction that was going to sweep this country over the next 40 or 50 years, but there has been little seepage of legal heroin into the black market. The Minister said, “It is both uncivilised and cruel for the Government to deny patients a drug that uniquely alleviates their suffering”. My father was the Minister making that statement. I agree with what he said then and, if he was here now, he would agree with it too in respect of cannabis.

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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, like other noble Lords, I start by thanking the noble Baroness, Lady Meacher, for bringing this Question for Short Debate to your Lordships’ House. In the time allowed it is not possible to cover all the points I would like to, or to respond to all the points made by noble Lords. I know that other noble Lords will be with me on this: I hope that for all government policy decisions the starting point is a reasoned, evidential base at the heart of what the Government promote as a policy. The noble Lord, Lord Paddick, referred to that, but the fact is that all three parties have failed that test over many years.

The Question before us concerns evidenced-based policies to promote public health and to place health rather than prohibition at the heart of our policies on drugs. Of course, we have two legal recreational drugs that can cause serious problems, namely tobacco and alcohol. I am fully aware of the debate about the legalisation of cannabis and the contention that it is less harmful than the two legal drugs I mentioned. My position is that I would not legalise cannabis for general use. It may well be less harmful than alcohol or tobacco but that in itself is not a good enough reason.

I do, though, see the point that the Government should give careful consideration to the case for the use of cannabis or cannabis products as a medicine. As the noble Baroness, Lady Meacher, said, where there is medical evidence, the Government should consider the case for trials and consider rescheduling cannabis from Schedule 1 to Schedule 4. These trials would be with named patients only. There should be further research seeking to establish for which ailments cannabis could be an effective and inexpensive treatment.

With the passing into law of the Psychoactive Substances Act 2016, there is no criminal penalty for the personal possession or use of new psychoactive substances, such as the synthetic cannabinoid known as Spice. There has been considerable press coverage of the harmful effects of this product, and I recall a debate in the Moses Room with the noble Baroness, Lady Williams of Trafford, when this very subject came up. There is no criminal penalty for possession of this product, but it is still illegal to produce and supply the drug—criminal penalties still apply. There seems to me some inconsistency between the Government’s policy on Spice, a synthetic cannabinoid, and that on cannabis itself. The Government should look at that carefully and urgently to get both products on the same footing. Maybe the noble Baroness can address that tonight. If she cannot, maybe she can write to me after the debate.

I turn to some of the points raised by noble Lords. I accept, as mentioned by the noble Lord, Lord Crickhowell, and my noble friend Lord Rea, that many people in the UK are using cannabis for the relief of pain and in doing so are breaking the law. The noble Lord, Lord Mancroft, made an important point in saying that what we want is not revolution but evolution on an evidential base.

The noble Lord, Lord Maclennan of Rogart, addressed the serious issue of drugs in Glasgow. It will be important to evidentially assess the programmes and the results of work being done to deal with the serious problems there.

The noble Lord, Lord Norton of Louth, made an important point that the Government should review these matters on the basis of evidence and not get themselves stuck and be unable or unwilling to move.

I thank the noble Baroness, Lady Meacher, for bringing this Question forward for debate and I look forward to the Minister’s response.

Lord Mancroft Portrait Lord Mancroft
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If the Government were to move in the direction that the noble Lord talked about, would Her Majesty’s Opposition support or oppose the Government? That would make a huge difference to the Government’s position.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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If the noble Baroness were to come forward tonight and suggest what I just described, I hope we would support them.