Dangerous Drugs

Nick Hurd Excerpts

Wednesday 3rd July 2019 Commons Chamber

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I beg to move,

That the draft Misuse of Drugs Act 1971 (Amendment) Order 2019, which was laid before this House on 4 June, be approved.

I am sure that Members of the House will have noticed that the amendment made by the draft order is based on scientific and technical detail and is therefore distinct from other amendments to the Misuse of Drugs Act 1971 that have recently been brought forward for debate. In that context, I place on record my thanks to the Advisory Council on the Misuse of Drugs for its expert advice on the matter and for its continued work, which has informed the draft order.

The purpose of the draft order is to amend schedule 2 to the Misuse of Drugs Act by reducing the scope of the generic definition of the compounds referred to as the third generation of synthetic cannabinoids. Given the concerns that have been expressed in other debates on the subject, I should clarify that it will not repeal the generic definition of the compounds commonly known as Spice and Mamba, which will remain subject to control. This measure follows the advisory council’s recommendation, which was published on 22 December 2017. I hope that it will be helpful to hon. Members if I explain the background to the recent control on these drugs and why the Government are making this amendment.

[Julian Knight (Solihull) (Con)]

I am relieved that the Minister specifically mentions Spice; having worked for a short time in the Ministry of Justice, I have seen exactly the damage that comes from that drug. Will he confirm that this statutory instrument is in effect simply a tidying-up exercise—a technical change—and will not in any way mean a looser regime of drug licence management?

[Mr Hurd]

Like my hon. Friend, I have seen the results of Spice and Mamba directly while out on patrol on the streets of Newcastle. We have had passionate debates in this place about those drugs—particularly with my hon. Friends the Members for Mansfield (Ben Bradley) and for Torbay (Kevin Foster), who are passionate about their impact on town centres. I assure my hon. Friend the Member for Solihull (Julian Knight) and other colleagues that the draft order is not in any way a relaxation of controls; it is simply a response to representations made by the scientific community about the need to revisit our regulations because of some consequences that were not intended when they were originally drafted.

[Pete Wishart (Perth and North Perthshire) (SNP)]

It is really good to hear the Government accepting solid evidence when it comes to drugs issues, because they do not have a very good record in that respect. In Scotland, we have had 1,000 drug deaths in the past year. The Select Committee on Scottish Affairs is doing an inquiry into the reasons behind that, and one thing that we have found is that the Misuse of Drugs Act gets in the way of treatment and recovery and is an impediment to dealing with the problem, yet the Home Office will not send a Minister to our inquiry. Will the Minister confirm—today, now—that a Home Office Minister will turn up, give evidence and defend the Government’s approach to drug use?

[Mr Hurd]

I am more than happy to speak to the hon. Gentleman offline about this. I am not aware of the underlying issue, but I certainly agree with him about the absolute need to proceed in this complex and extremely sensitive area on the basis of evidence. I am more than happy to have a conversation with him outside the Chamber about the Scottish question and situation, because I am not aware of that problem.

Perhaps it would be helpful if I gave some background to the recent control of these drugs and why the Government are making this amendment. We rely on independent experts, the ACMD, which first published advice in 2014 on the third generation of synthetic cannabinoids—a group of compounds, commonly referred to as Spice and Mamba, that mimic the effects of cannabis. The advice recommended that these compounds be captured by way of a generic definition as class B drugs under the Misuse of Drugs Act because of their harms and widespread availability. This followed the control of the first generation of synthetic cannabinoids in 2009 and of the second generation in 2013.

The ACMD also recommended that the compounds be placed in schedule 1 to the Misuse of Drugs Regulations 2001, because it could not confirm any known medicinal uses at the time. Placing these compounds in schedule 1 reflects the fact that they have little or no known medicinal or therapeutic benefits in the UK, and will mean that they can be legally accessed only with a Home Office licence, which is generally issued for research or industrial purposes.

Following the ACMD’s recommendations, the changes came into effect on 14 December 2016, but shortly after their implementation, the ACMD and the Home Office were informed by representatives of the research community that the breadth of the definition meant that it captured a large number of research compounds, many of which were reported not to be synthetic cannabinoids. As a result of the broad, generic definition, research institutions needed to obtain schedule 1 licences when they may not otherwise have needed them.

The licensing process is in place to ensure a minimised risk of misuse and diversion of, and harm from, controlled drugs. However, as I am sure the House will agree, we would not wish to place substances under control and make them subject to the licensing requirements where there is no need to do so. It is therefore important that we amend the definition, which has created an additional formal regulatory burden for the research industry relating to compounds that were never intended to be controlled. To remedy this, the ACMD made a further recommendation in December 2017 that the scope of the generic definition be reduced.

The order amends the Misuse of Drugs Act 1971 to reduce the scope of the generic definition of the third generation of synthetic cannabinoids, so that while those compounds that have been found to cause harm are captured by it, fewer compounds are unintentionally captured. Owing to the continued harms posed by the third generation of synthetic cannabinoids, the order does not repeal the generic definition. I repeat for clarity that such compounds as those that go by the street name of Spice and Mamba will continue to be caught by the generic definition.

The order, if accepted and made, will come into force on 15 November. A further statutory instrument will be introduced via the negative procedure to make the necessary parallel amendments to the generic definition under schedule 1 of the Misuse of Drugs Regulations 2001 and in the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015, so that those compounds unintentionally captured will no longer require a Home Office licence for the conduct of research, as they will no longer be controlled.

I hope that I have made the case to the House for amending the generic definition of the third generation of synthetic cannabinoids so that it no longer covers a number of compounds that were unintentionally controlled. I commend the order to the Committee.

--- Later in debate ---

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I thank the hon. Members for Swansea East (Carolyn Harris) and for Paisley and Renfrewshire North (Gavin Newlands) for their constructive approach to this narrow statutory instrument, which is essentially a tidying-up exercise to comply with requests from our research community. I am glad that that has been understood and welcomed. Mr Deputy Speaker, many speakers have taken advantage of your traditional generosity in straying over the boundaries of this SI into a broader conversation around drugs policy, and I acknowledge that passions on this run high. The demand for a review of policy will not go away, but I believe that this needs to be led by the evidence. Speakers today have presented one side of the debate, but those on the other side believe with equal passion that the evidence tells a different story. However, I do not think that this is the day to have a debate on drugs policy.

There is a lot of passion about attendance at the Scottish Affairs Committee, and if I was unclear in my response on that, it is because I am not technically the Minister for drugs. That invitation has gone to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), the Minister with responsibility for crime and safeguarding, and I am assured that she will respond in due course. She has not declined to attend, as has been suggested—[Interruption.] Well, I am assured to the contrary. Anyway, I am sure that she and her officials will have heard the passion behind this request and will respond in due course.

The fact of the matter is that today, the Government’s policy on legalising cannabis and drug consumption rooms is set. Hon. Members will also be aware that a new Prime Minister will mean a new Administration, a new Government and an opportunity to reopen these debates where necessary. I am sure that many Members on both sides of the debate will be encouraging that to happen. I should say to the Chairman of the Science and Technology Committee, the right hon. Member for North Norfolk (Norman Lamb), for whom I have great respect, that I strongly believe that policy in all areas should be driven by evidence. That is why I welcome the fact that the Home Secretary has asked Dame Carol Black to lead one of the largest reviews of drug demand and supply for many years.

[Norman Lamb]

I welcome the appointment of Dame Carol Black to do this work. Will she be able to look at the experience from Canada, so that we can look at all the options in making our decisions about the right way forward?

[Mr Hurd]

We are determined to look at all aspects of drug demand and supply, and the terms of reference of the review are public. I want to add, because this is relevant to the context of the narrow debate that I thought we were going to have, that in the interests of updating evidence—this relates particularly to the right hon. Gentleman’s point on updating evidence on harm—I have asked the Advisory Council on the Misuse of Drugs to review the current classification of synthetic cannabinoids in this context. That review is due to report by the summer of 2020, and I hope that he will welcome that.

I want to talk briefly about the issue of medicinal cannabis, which a number of Members took advantage of your generosity to address, Mr Deputy Speaker. As the Minister who led the work, under the direction of the Home Secretary, to change the law, I am pleased that we took that step at the pace that we did. It was clear to me that it was absolutely necessary, when we were confronted by the evidence from families who were suffering what I believed to be unnecessary hardship and pain as a result of regulation and law. As has been pointed out, the law liberalised the situation but effectively required prescriptions to be issued by specialist clinicians. As was disclosed in evidence to the Health and Social Care Committee, which reported today, there is clearly an issue around the levels of clinical confidence at the moment, and my colleagues in the Department of Health and Social Care are absolutely determined to work closely with partners to try to build that clinical confidence, which is clearly a priority, so that more families do not have to suffer the pain and frustration that are clearly out there.

[Norman Lamb]

I am grateful to the Minister for his tolerance. What advice do we give to the family from Norwich whom I mentioned who are spending well over £1,000 on just three weeks’ supply of cannabis oil for their son with epilepsy through a private prescription? They simply will not be able to afford to carry on, so what should they do?

[Mr Hurd]

The legal route that we have opened up is that if the situation complies with the various conditions in the framework set by the regulations, a prescription for such drugs is allowed, as long as that is what is recommended and approved by the specialist clinician looking at the case. Given where we are with the evidence base, and although our decisions were informed by expert advice, the right hon. Gentleman will understand that we had to put strict conditions in place in relation to the change being clinically led. This is not about decisions by politicians and not necessarily about decisions by GPs; it is about decisions by specialists in the area. I am sure that he will understand the reasons for our caution in that respect. As I said, the issue is now about how to build the research and evidence base to increase clinical confidence inside the NHS. That must be the priority at this time.

I have enjoyed this debate, which has ranged further than I expected, and I welcome the support for this SI and the proposed changes following recommendations from the Advisory Council on the Misuse of Drugs.

Question put and agreed to.

Resolved,

That the draft Misuse of Drugs Act 1971 (Amendment) Order 2019, which was laid before this House on 4 June, be approved.