Misuse of Nitrous Oxide

Debate between Mark Garnier and Peter Gibson

Wednesday 23rd November 2022 Westminster Hall

[Mark Garnier]

My hon. Friend is absolutely right. Desecrating a grave is absolutely appalling. The last time I saw a pile of empty NOS canisters was outside the Royal Society on Carlton House Terrace, which is an unexpected place to see them. I am sure the members were not using it themselves. My hon. Friend is right that it brings about behaviour that, at the time may seem highly amusing to the person affected by it, but has incredibly profound long-term effects to other people around them. I will come to that later. The important point is that something that is used by trained medical professionals for beneficial medical outcomes, although not always without risk, is being misused to the level that it destroys the lives of the users and those around them.

How is nitrous oxide becoming so prevalent? The reality is that there seems to be no one controlling the selling of it. The Act is being ignored at worst, and at best it is very difficult to enforce. Users say that nitrous oxide is incredibly easily to get hold of, as it is freely available in corner shops. Moreover, it seems to be getting cheaper while everything else is getting more expensive. The 600 gram canister that I mentioned earlier has dropped from £50 to just £25, bucking the trend of the cost of living crisis. For communities that tend to avoid alcohol, it is an apparently guilt-free alternative.

The availability of nitrous oxide is extraordinary, given that it is being used as a psychoactive drug and is therefore controlled by the 2016 Act. You can google this should you choose to, Sir Christopher. There are websites that sell it nominally as a whipped cream additive, but brazenly give advice on its psychoactive effects and its legality or otherwise as a recreational drug. There is even one website that offers vitamin B12 supplements to counteract its effects. More alarmingly, one website that I looked at offers nitrous oxide not just in quantities for personal use—six 600-gram canisters can be bought for an attractive £130—but by the pallet load. Seventy-two cases of canisters cost an impressive £8,150, which will be delivered to the buyer’s door. Remember that the website starts by talking about it as a whipped cream additive but quickly goes on to its misuse. That is either an awful lot of whipped cream, or this is a wholesaler of misery for any number of people.

[Peter Gibson (Darlington) (Con)]

I am incredibly grateful to my hon. Friend for bringing this debate to the House. The use of nitrous oxide in the community and the litter that comes from the canisters are constituency issues of great concern to me. I met my police and crime commissioner this morning, and we had a discussion about this. She is concerned about the impact on people driving following the use of these canisters. Would my hon. Friend comment on that?

[Mark Garnier]

Absolutely. There is definite evidence that people have been killed driving under the effect of nitrous oxide. Although it takes 20 seconds to kick in, and after a couple of minutes it resolves itself, we do not know what the long-term effects are on people’s acuity and ability to drive. I suspect that if someone has been taking the stuff all this evening and then gets into their car, even if they have come off the immediate high it surely has some longer term effect on their ability to check traffic lights and all the rest of it.

The website I was referring to looks like a wholesaler of illegal drugs under the 2016 Act. Importantly, the bottles that the nitrous oxide is being offered in suit neither the catering industry nor the medical profession. The medical profession buys it in very large quantities for its important uses. Those bottles can therefore only be being made for misuse.

Back in 2015, the Advisory Council on the Misuse of Drugs provided advice on the harms of nitrous oxide and public health and safety. It conclusion was that, although its harmfulness did not warrant control under the Misuse of Drugs Act 1971, it was important that it came under the 2016 Act. Back in September 2021, thanks to the British Compressed Gases Association—the trade association that covers the legitimate use of nitrous oxide—the then Home Secretary wrote to the advisory council asking it to review its finding. In her letter, the Home Secretary cited statistics showing that 550,000 16 to 24-year-olds had used nitrous oxide in the previous 12 months—that is significant use. The advice would inform the Government’s decision on whether nitrous oxide should be controlled under the Misuse of Drugs Act 1971 due to the long-term effects that its misuse can have, which, in theory, was quite a good move forward.

I understand, however, that the Home Office is still waiting for a reply. I would be grateful if the Minister could confirm what progress the Home Office has made in chasing up a response to that letter. I have learned from the British Compressed Gases Association that it has raised this again with the current Home Secretary, who has also written seeking guidance from the organisation in question. I gather that the Home Office is on to this, but it seems to be taking some time to get a response.

This issue was brought to my attention by the frankly brilliant campaign being run by BBC Hereford & Worcester—my local radio station—which has been working hard with local campaigner Dr David Nicholl, whom I have already referred to. It is just not David and BBC Hereford & Worcester who are on to this: not only have we had a petition in Parliament that has achieved more than 11,000 signatures, but the European Monitoring Centre for Drugs and Drug Addiction published a report on Monday that highlights all the points raised here and more. The report, which lists seven case studies from Denmark, Ireland, France, Lithuania, the Netherlands, Portugal and the UK, absolutely reinforces the concerns raised by Dr Nicholl, BBC Hereford & Worcester and my colleagues present.