Psychoactive Substances Bill [Lords]

Mike Freer Excerpts

Wednesday 20th January 2016 Commons Chamber

[Jim Shannon]

I mentioned the closure of the head shops, which is really good news—good stuff. I also referred to the detective sergeant in the Drugs and Organised Crime Bureau. He outlined an issue that the Irish are now trying to address. It is good to be able to refer to other examples of hard and fast legislative change to address such issues. In the Republic of Ireland, they have been partially successful in relation to online sales—they are almost there—but we must also do that.

I commend the Minister and the Government on what they have introduced. This is the sort of legislation that I and my constituents, as well as people from across the whole of Northern Ireland, want. I look forward to supporting the Minister when it comes to a vote—if it comes to a vote.

[Mike Freer (Finchley and Golders Green) (Con)]

I thank the shadow Minister for a balanced speech that contained some well-judged comments. I also thank my right hon. Friend the Minister for his courtesy when I took a delegation to him from the National AIDS Trust, Stonewall, Millivres Prowler and Boyz magazine to discuss this topic.

It is clear not just from this debate, but from the debate that has been raging in the gay press over the past few months, that there is considerable concern over the need to ban poppers. What has come to the fore over the past few months while I have been working on the topic is the complete lack of empirical data one way or the other. I appreciate that the Home Office believes—I have no reason to think that this belief is not genuine—that deaths have occurred from the use of poppers. However, that evidence has never been forthcoming.

I therefore decided to do a bit of research of my own. I would like to draw attention to some American research, particularly that of Dr Thomas Hall of the University of California in Los Angeles, who gave evidence to the Gay Times for a report on the effects of isopropyl nitrite. I will not quote the whole document, you will be pleased to know, Madam Deputy Speaker, but he said:

“There is very little specific research on the health effects of alkyl nitrites other than amyl nitrite.”

He went on to say:

“My summary statement would be that in the grand scheme of drugs of abuse, the risks from nitrite poppers are fairly benign… Isopropyl nitrite and other nitrite poppers appear to be far less harmful to the body in general than chronic alcohol consumption.”

I then looked at The New England Journal of Medicine, which stated in 2010:

“To our knowledge, over the past 10 years, there have been only two case reports of visual loss after inhalation of poppers, and the anatomical basis of this injury remains elusive.”

Finally on medical research, I turned to the US Department of Health and Human Services report of January 2014. It stated:

“To date, use of alkyl nitrites as a psychoactive substance among MSM”—

men who have sex with men—

“has received little attention in addiction textbooks, where they are subsumed among other inhalants.”

We have heard about that today. The report continues:

“This is unfortunate, because lumping these disparate agents together based on mode of administration”—

that is, inhalation—

“obscures substantial differences in both mechanism and typical risk between alkyl nitrites, which act on a specific…pathway, and inhaled solvents and propellants”

that have other effects. That is about the sum of the medical evidence that I could find.

In the absence of medical evidence or hard facts in the UK, I wrote to the Advisory Council on the Misuse of Drugs. The chairman could not have been more blunt. He said that poppers were

“not seen to be capable of having harmful effects”.

There has been talk of a medicinal benefit to poppers, which I thought was an interesting turn of phrase until I received an email. I have to bow to the knowledge of our SNP colleagues, because it was from a gentleman from Croy in Inverness. He said: “Alkyl nitrites are carried, used and, when the need arises, shared by many people who work in the countryside as the first line of treatment if one is bitten by an adder.”

I confess that adders are not common in Finchley and Golders Green. Mr Joyce of Croy went on to say:

“A substantial number of people are bitten each year in Britain and the bite is rarely fatal, but whether that is because the venom is not particularly powerful against modern healthy humans or because treatment, with Alkyl nitrite or one of the eight known anti-venoms, is almost always administered very quickly is a question that is open to debate.”

That email shows that there is a conflict between the views that are held and what limited information and fact are out there in the public domain.

I support the view that there is a need to provide up-to-date empirical evidence. There also needs to be proportionality. Everything that we do carries a risk, whether it is smoking or anything else. If one drinks bleach, one will be harmed, but we are not proposing to ban bleach. When we seek to control, regulate or ban anything, we must deal with it in the round and consider the proportionality of doing so.

I welcome the response to the Home Affairs Committee report, because it states that an investigation will be under way shortly into the impact of the ban on the relationships of gay men and women. I am told that this issue affects not just gay men, but gay women. The Chairman of the Home Affairs Committee, whom I would like to call my right hon. Friend, talked about anal sex. That is quite a crude way of saying that poppers can facilitate sex, through the relaxation of muscles. However, this is not just about the physical side of a relationship. If people want their relationship to be as intimate as possible and poppers facilitate that, they are an important element in the emotional wellbeing of that couple. Therefore, if we are talking about the medicinal benefits, we have to include the emotional and mental health benefits that the use of poppers in a relationship can bring.

When we are talking about risks—I have mentioned proportionality—it is important that we do not start banning things on the basis of one or two incidents. There has to be a significant risk of significant harm to a significant number of people, otherwise we would be banning cigarettes and alcohol tomorrow.

I say to the Minister that the investigation and report must be as open and transparent as possible. I ask him to give an assurance when he responds that evidence will be taken not just from organisations such as Public Health England, elements of the NHS and the ACMD, but organisations such as the National AIDS Trust, the Terrence Higgins Trust and Stonewall. It should also be taken from organisations such as Millivres Prowler, which I believe is the largest retailer of poppers in the UK, because it has a strong, relevant and up-to-date evidence bank of how poppers are used and how they are sold. Because it is a reputable retailer, it also has an enormous amount of data on the illegal import of the more dangerous poppers that are coming in through the internet. I hope that the Minister will also say that evidence will be taken from the international bodies, a few of which I mentioned earlier, that have done medical research into the benefits or disbenefits of the use of poppers.

Finally, if the Home Office decides that there is a risk that needs to be mitigated, but that an outright ban is not necessary, I urge it to consider licensing poppers for sale through sex shops. That would allow some level of control, regulation and protection, without the need for an outright ban, which might lead people to be exposed to all sorts of underground drugs.

There is a lot of work to be done. I welcome the swift action of the right hon. Member for Leicester East (Keith Vaz). Members might think that my conclusion will be that I will support Opposition amendment 5, and I have to say that the Opposition have spoken a lot of sense. However, I will support the Government because I want an exemption based on empirical evidence. If poppers are exempted by the summer recess, as outlined in the response to the Home Affairs Committee report, that exemption could not be easily overturned on the whim of a future Home Office Minister, because it would be based on empirical evidence, whatever it says. On that basis, I will support the Government on this issue.

[Anne McLaughlin (Glasgow North East) (SNP)]

I think that I have to beg to move the amendments that stand in my name. If I have not to beg, I have to do something else, I am sure.