Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017

Lord Paddick Excerpts

Tuesday 24th October 2017 Lords Chamber

[Lord Rosser (Lab)]

Since I, too, was caught out by the earlier than anticipated start of this debate, I can thank the Minister for only that part of her explanation of the reasons for and purpose of the draft order that I actually heard. The purpose of the draft order, as has been said, is to make it an offence to possess, import, export, produce, supply or offer to supply the drug methiopropamine, or MPA, without a Home Office licence. MPA is a stimulant, psychoactive substance that has been subject to temporary control orders, the latest of which is about to expire—at the end of next month, if memory serves me right. There is evidence of MPA having adverse effects when taken, including abnormally fast heart rate, anxiety, nausea and breathing difficulties. I have to say that my list is more abbreviated than that given by the Minister when she introduced the order.

MPA has been associated with a number of deaths in the last five years and, as the Minister said, there were 46 cases where MPA was found in post-mortem toxicology, with MPA being implicated in the actual cause of death in 33 of those cases between 2012 and 2017.

MPA has not infrequently been marketed as a legal alternative to cocaine. In June of this year the Advisory Council on the Misuse of Drugs, the ACMD, indicated that MPA continued to be misused and, as a result, was having harmful effects that could constitute a social problem. The ACMD recommended that MPA should now be permanently controlled as a class B drug under the Misuse of Drugs Act 1971—which means, as I understand it, that among other things, including higher maximum sentences, possession of MPA also becomes an offence, which is not the case for substances controlled under the Psychoactive Substances Act 2016.

The ACMD also found that MPA had no recognised medicinal use, or industrial or commercial benefits other than potentially for research. I simply conclude by saying that we support the decision to accept the ACMD’s recommendation, and hence we support this order.

[Lord Paddick (LD)]

My Lords, my noble friend Lord Newby made the point last week, when the Leader of the House asked for this House to suspend its Standing Orders in order to consider this matter today, that this legislation has not been scrutinised by the Joint Committee on Statutory Instruments because of the Government’s failure to appoint their Commons members of that committee. This is clearly unacceptable and must be resolved as soon as possible.

In this particular case, the order is the result of a recommendation, as we have heard, by the Advisory Council on the Misuse of Drugs to permanently classify the drug MPA as a class B drug. I am therefore confident in supporting this order as the recommendations of the ACMD are evidence based.

However, the comments of the parliamentary Under-Secretary of State for the Home Office to the first Delegated Legislation Committee in the other place yesterday, which presumably were a repetition of what the Minister said this evening to the House—again, I apologise for being slightly caught out by the early start of this particular debate—draw questions around bigger issues about the Government’s approach to controlling drug misuse.

MPA is a synthetic drug designed to replicate the effects of cocaine or MDMA. MPA started off life as a legal replacement for these class A controlled drugs. Prior to the Psychoactive Substances Act and the temporary class drug order, MPA would have been legal to both supply and possess. As we have heard, the Psychoactive Substances Act permanently made manufacture and supply of the drug illegal, but not possession, while the TCDO and this measure make possession as well as manufacture and supply illegal. Whether it sends a message to users about how dangerous the drug is is questionable.

The development of synthetic alternatives to existing controlled drugs—and in this case I am thinking in particular of things such as spice, the synthetic alternative to cannabis—runs the risk of creating even more toxic, and far more dangerous, drugs than the drugs they are designed to replace. The risk of continuing with a prohibition-based strategy of controlling the misuse of drugs is likely to increase the number of drug-related deaths.

Can the Minister tell the House, or write to me subsequently to tell me, how many deaths have resulted from the misuse of cocaine and MDMA between 2012 and 2017, compared with the 46 cases where post-mortem toxicology showed traces of MPA, and the 33 cases where MPA was implicated in the actual cause of death, as a proportion of arrests for possession of each type of drug—which we can assume is a proxy for how much cocaine, MDMA and MPA is being used? Can the Minister also tell the House how many deaths have resulted from the misuse of cannabis between 2012 and 2017?

If MPA is as dangerous, or more dangerous, than cocaine or MDMA, the question must be: why is it being classified as a class B drug while the others are classified as class A drugs? If MPA is, as I suspect, more dangerous than cannabis, at least in terms of fatalities, why is it in the same class of drugs as cannabis? Assuming, as I do, that the ACMD has made the right evidence-based decision in terms of its recommendations as to which class MPA should be placed in, what does this say about the classification of cocaine, MDMA and cannabis?

The point I am trying to make is that the current classification of drugs under the Misuse of Drugs Act lacks credibility, certainly with users. No one I know who misuses drugs starts from a point of asking, “What class is it in?” when deciding which drug to take.

We should be taking a harm reduction-based approach to the misuse of drugs, which should be treated as a health issue and not a criminal justice issue. That having been said, just because the classification of drugs under the Misuse of Drugs Act lacks credibility and other drugs may be wrongly classified, this does not mean that this evidence-based recommendation from the ACMD is wrong. On that basis, we support the order.

[Lord Lexden (Con)]

The noble Lord, Lord Paddick, made reference to the unusual circumstances in which this order comes to the House this evening. It has not been scrutinised by the Joint Committee on Statutory Instruments because that committee has not been re-established because of the failure of the other place to provide its members to the committee. I was a member of the Joint Committee in the last Parliament, and I am looking forward to resuming work, I hope, at an early point in this Parliament.

The committee receives advice from a formidable array of legal experts. They invariably find points that need correction—sometimes smaller, sometimes larger. I have just one question for my noble friend. In the absence of the committee, is she satisfied that this order has been subjected to sufficiently rigorous scrutiny by legal experts?