Dangerous Drugs

Debate between Mark Garnier and Alison Thewliss

Tuesday 12th September 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

It is pretty unusual that I come to a debate entitled “Dangerous Drugs” where I have direct experience of having taken some of those dangerous drugs, because I live a very quiet life. However, for many in the Chamber—women in particular—nitrous oxide will have been better experienced as gas and air, which, when used under medical supervision, is generally a very safe drug, although my hon. Friend the Member for Aberdeen North (Kirsty Blackman) would tell us that she had a collapsed lung as a result of her use of it. It is not something to be taken lightly, but I would certainly dispute whether it is a dangerous drug.

As the Minister pointed out, nitrous oxide is not an uncontrolled substance. Non-legitimate use for psychoactive effects is currently controlled under the Psychoactive Substances Act 2016, and the Advisory Council on the Misuse of Drugs points out that production, supply and importation is illegal. There is an offence to supply if the person knows or is reckless as to whether it will be used for psychoactive effects. In 2015, the advisory council did not advise control under the Misuse of Drugs Act, and in March 2023 it advised exactly the same, so I am curious as to why the Minister was so light on his reasons for ignoring his expert advisers, who have looked at this in great detail. We are hardly in the realms of evidence-based policy. He has decided that he must do something, and that this is something. That is why we are here.

We do not dismiss the public nuisance of these substances. We have all seen the silvery capsules littered in the street—they are a particular hazard to cyclists—and in parts of my constituency I have also seen some of the larger canisters discarded, but all of that could be said for other drugs. As the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) said, we see beer cans littered all over our streets regularly. In parts of my constituency we see syringes littered about the place, and the Government do nothing about it because they do not want people to have safe consumption rooms to take their drugs. Somehow uniquely, the Government seem concerned by the small canisters and the public nuisance of nitrous oxide.

Nothing that the Minister said has given me any reassurance on that. He said nothing really about the supply of these substances, because clearly they are being sold to people against the current legal framework, which is illegal. It will be interesting to hear from the Minister on summing up how many people have been arrested, charged and jailed for supply of this substance under the current rules. If it is zero, he has a bit of a cheek coming here and asking us to agree to further legislation.

What conversations has the Minister had with social media companies? One of my members of staff, Mhairi Love, saw an advert on Facebook for nitrous oxide being sold online. Again, how many prosecutions have happened for that supply for entirely illegitimate purposes, which would fall under the current legislation and be prosecutable?

[Mark Garnier]

The hon. Lady makes a very important point about how it is easy to get hold of this stuff. These little canisters can be bought in corner shops, and they can also be bought by the pallet-load for £18,000, which would keep an entire festival going for the weekend. She is right that those people should be arrested for supplying it, but it is also important to ensure that we limit the market to buy it, and if we clamp down on the market where people buy it, that will dry up the supply.

[Alison Thewliss]

That is not how the market works. We have had the Misuse of Drugs Act for 50 years and it has not stopped anybody from taking heroin, cocaine or anything else. Those drugs are quite moreish and people tend to keep taking them regardless of the legislation put before them to deter them. It does not work. What we need to do is go after the suppliers, but from what the Minister said it seems to me that the Government have no intention of doing that.

The Minister also talked about the broad legitimate use and the regulations he will bring forward on that. Without seeing them, it is difficult to see how effective this will be. If that legitimate use is incredibly broad—it must be to allow people to continue to buy the substance to run their cafés and produce whipped cream—he will find it very difficult to continue that enforcement game. We have no sight of those regulations tonight, so I argue that it would be irresponsible of the House to pass this statutory instrument without having seen the other part of the equation.