Legal Highs

Norman Baker Excerpts

Tuesday 1st July 2014 Westminster Hall

[The Minister for Crime Prevention (Norman Baker)]

I congratulate the hon. Member for Chesterfield (Toby Perkins) on securing this important debate. I recognise that hon. Members in all parts of the House feel genuine concerns about these matters and, in particular, we have all had constituents contacting us with their concerns about what has happened to their families, so the hon. Gentleman is right to bring the debate before the House.

I agree with hon. Members who have expressed concern about the term “legal highs”. That is not an abstract matter; it is quite important, because, as hon. Members have said, using the word “legal” implies safety, and that is a misconception. Therefore, I am keen to get away from the term “legal highs”, and I try not to use it myself, except to disparage it. I am particularly attracted to “chemical highs”, which I have been peddling recently, but there are other options, such as “untested highs” or “danger highs”. We need to find an alternative phrase that conveys accurately the fact that these substances are not tested and not approved, and are probably not safe. I want to get some consensus on that, although the newspapers are attracted to the phrase “legal highs” and it is difficult to move them.

This is a global problem and no country has solved it—it is important to say that. The review process, which is under way, considered experiences in other countries to find out what works and what does not work, and why it was right to do those things. It is not fair to characterise the Government as not having done much on this matter. We have been pretty active on it, but I stress that there is no obvious silver bullet that cures all the problems that hon. Members have correctly identified.

We recognised the emergence of new psychoactive substances and the trade as serious threats from the beginning and have taken multiple and decisive actions to address them. We consulted the Advisory Council on the Misuse of Drugs to inform the action plan published in 2012 to tackle the trade from all angles. We have improved the UK’s drugs early warning system to enable real-time information sharing on emerging drugs between health and law enforcement, the advisory committee and the European Monitoring Centre for Drugs and Drug Addiction. We also created the Home Office forensic early warning system to detect and monitor the emergence of those substances in the UK, inform our response in legislation and provide support to the advisory committee and UK law enforcement. We have introduced temporary drug control legislation so that, together with the advisory council, we have been able to take swift action to protect the public from emerging new substances that we know have the potential to cause serious harm.

As one colleague said today, we are in a race against the chemist. The reality is, as in the rest of the world, we are chasing behind what appears on our streets, almost on a weekly basis, from chemical laboratories that are outside our jurisdiction and outside our control. We have tried to be swift in identifying substances as having appeared. More than 350 new psychoactive substances and their derivatives are now banned in the UK, mainly through our use of generic definitions banning entire families of drugs and related compounds under the Misuse of Drugs Act 1971. Bizarrely, we have even banned substances that do not exist, because we have anticipated where the chemist will go next.

As a result, the majority—about 80%—of new psychoactive substances seen in the EU for the first time are already controlled drugs in the UK. Working with UK law enforcement, including trading standards, to support the use of existing powers to disrupt supply in our communities and online, we have seen some successes. For example, a week of concerted action last November resulted in 44 arrests and, I think, 73 seizures, including large amounts of those substances.

We have issued guidance to local authorities on the use of existing powers. I will not pretend that those powers are comprehensive and that everything that is available is all that we need, but there are powers that have been used successfully by local authorities. The General Product Safety Regulations 2005, which should not be underestimated, have been successfully deployed in Northern Ireland. There is also trading standards legislation in relation to misdescriptions. If somebody markets something as bath salts or plant food, that is a misdescription and trading standards can take action on that basis. That might be more difficult if something is called “research chemicals”, but if it is wilfully misdescribed action can be taken.

[John Woodcock]

Is the Minister still actively considering our suggestion to allow the police and trading standards officers to confiscate first and then have the legal process? If he is not, will he explain why that is not a good route to go down?

[Norman Baker]

I will come to the steps that are being taken, but I want to stress at this point, since the hon. Gentleman has raised it, that a process is in place. We have appointed an expert panel based on the best brains in the country from various disciplines: law enforcement, those who have knowledge of drugs, those from the health regimes, those who understand the psychiatry of those who might use drugs and so on. The panel has been charged by me with finding the best way forward to minimise harms from those substances. That is its objective. It is therefore not for me to second-guess what the panel will come up with. The clear objective is to minimise harm, and I look to the panel for recommendations. I will come to the process in a moment. It would be wrong for me to rule anything in or out until the panel has had an opportunity to reflect and take professional advice as it is doing so. No doubt the hon. Gentleman’s points will be considered by the panel, along with everything else.

[Diana Johnson]

Will the Minister give us a time scale for when the review will report, because time is pressing in this Parliament?

[Norman Baker]

Time is pressing. I have been in post since October or thereabouts. The review panel was appointed in December and has almost concluded its work. I expect to have its final report on my desk in a couple of weeks’ time. The Government will reflect on the conclusions and we will publish our intentions shortly thereafter. That is our intention. I want to get a move on. There is no intention to delay matters. However, there is also no wish to end up with bad legislation that is rushed and might have unforeseen consequences. I stress that no country in the world has cracked the issue successfully. We have to look across the world at different practices to see what might apply best to our own situation.

[John Woodcock]

Will the Minister give way?

[Anne Marie Morris]

Will the Minister give way?

[Norman Baker]

I want to make progress, because a lot of points have been raised, then I will try to take one or two interventions.

I want to correct a point made by the hon. Member for Chesterfield. He said that the UK is the biggest market in the EU for these substances. I believe the shadow Minister said that as well. The advice I have received from officials is that the recently published preliminary results of the 2014 Eurobarometer study show that the UK was not the biggest market. There are three countries ahead of us: Ireland, interestingly; Spain; and France. It does not give me great satisfaction to say that we are fourth, but, for the record, that is what the latest survey shows.

[Anne Marie Morris]

My question concerns labelling. There might be mechanisms to deal with incorrect labelling, but if a label states, “Not fit for human consumption”, that is almost a “get out of jail” card. How will we deal with that?

[Norman Baker]

As I said, the expert panel is looking at a range of matters, including descriptions and how substances are promoted and sold. If they are wilfully misdescribed—if the label states “bath salts” and the substance is not bath salts—action can be taken. If the label states, “Not fit for human consumption”, that is no doubt accurate and therefore more difficult. I assure my hon. Friend that that is not the only way into the issue.

The hon. Member for Strangford (Jim Shannon) referred in complimentary terms to the action of festival organisers. I want to say for the record that I wrote to festival organisers to ask them to take that action, so if he was implying that the Government was not taking action that would not be accurate. The festival organisers responded positively to the efforts that we made in writing to them. Indeed, my predecessor, my hon. Friend the Member for Taunton Deane (Mr Browne), wrote last year—successfully—and they took action as a consequence of his letter. We are taking action where we can on those important fronts.

Border Force has enhanced its capability to detect those substances—the hon. Member for Barrow and Furness made a point about ports—coming into the country with the introduction of new portable FirstDefender devices.

I absolutely take the point made by Members about prevention and education. I have given a strong steer to the expert panel that it should consider very carefully what can be done on education and prevention. I look forward to the panel’s recommendations on that particular front. Even so, in the meantime, our prevention message, especially to young people, that the products cannot be assumed to be safe has been consistent and clear. Our FRANK website messaging continues to be updated with information on the risks, consequences and harms of those substances, using the best and latest available information and advice.

We have researched user trends to inform further work on reducing demand, including online. In summer 2013, the Home Office ran targeted communications activity over the festival period to help to prevent the use of those substances and to raise awareness of their risks and harms. That was aimed at particularly 15 to 18-year-olds. With the media involved, we think that more than half of that age group got the message that we sent out last year.

There were 74,000-plus unique visitors to the campaign page on our website, and we saw an 84% increase in website traffic as a consequence. A survey of visitors to the website showed that our social marketing campaign has been effective in shifting attitudes and that a new campaign could achieve similar results, so we are planning to run similar activity again this summer.

We have worked with the Department for Education and UK law enforcement on guidance issued to schools so that drug education includes those substances, along with other harmful drug use, but I want to see what more we can do on that front.

[John Woodcock]

I thank the Minister for giving way a second time. To go back to the review, when he says nothing is ruled in or out and that he is looking abroad, does that mean he has not ruled out the option of licensing head shops, which I asked him about in my speech?

[Norman Baker]

I want to make it plain that I am not taking the decision to rule things in or out. I have given the panel a challenge to come up with what it believes to be the best way to minimise harms. It would be an odd remit if we started telling the panel in advance what it should conclude. It has looked at the various options; none is without problems. I think the hon. Gentleman refers to the New Zealand position, where having a regulated market has caused problems. There are problems in the US with the analogue system, which is potentially becoming a lawyers’ paradise, and there are problems in Ireland, where the trade has largely gone underground.

--- Later in debate ---

On resuming—

[Norman Baker]

I have one more general point to make, then I want to pick up on some of the points made by Members. For the record, it is unfair and inaccurate to say that the Government has not been active in this area; we have been very active, including at the international level, with the adoption of new UN resolutions on the early identification of emerging substances, and with concerted action across our agencies. More recently, we have led the call for the international control of mephedrone. In fact, we are recognised as a world leader in dealing with that particular threat, and we have used our presidency of the G7 to deliver international action, and to promote successful engagement with source countries such as China and India on the challenges that we continue to face.

[Steve Brine (Winchester) (Con)]

I support the Minister on that point. It is unfair and inaccurate to say that the Government have been doing little in this area. However, the young person who died at Glastonbury this weekend, and the one who died at the Boomtown festival in my constituency last summer, had taken ketamine, which the Government have banned. Banning things is important, but it does not necessarily protect young people.

[Norman Baker]

Sadly, that is true, and it is a well made point. I was horrified by the description from the hon. Member for Chesterfield of what was happening in his town. He listed some of the problems; one of the options that his council might look at is using the Government’s antisocial behaviour legislation, which has potential to deal with the consequences outside the shop. That is not the full answer, but it provides potential for the police and the council to come together to use existing powers.

[Toby Perkins]

I am happy to make that suggestion to the council. I am joined here by one of our councillors who has taken a leading role in this debate. I was going to respond to the Minister’s point about the council having a role under general product safety, and his suggestion that the enfeebled trading standards might use misdescriptions legislation. I hope that when he has finished his review—I appreciate that we have to be a bit more patient on that—we will be able to give local authorities a little more for their armoury, so that they can tackle this important issue.

[Norman Baker]

I hope that that is the case. My hon. Friend the Member for Milton Keynes South (Iain Stewart) was absolutely right to refer to the uncertainty about long-term consequences. The need to ensure that they are properly evaluated means that we should not rush into what might be the wrong answer, but should nevertheless try to ensure that we get the right answer as soon as possible. He was absolutely right to say that much more needs to be done on prevention—he said education was key, and I entirely agree. I also agree that there is a strong argument for having compulsory personal, social, health and economic education in our schools.

My hon. Friend the Member for Rugby (Mark Pawsey) listed some helpful initiatives taken in his constituency. I pay tribute to those who took that action, which was public-spirited and helpful. My hon. Friend the Member for South Swindon (Mr Buckland) made some helpful suggestions, which I will pass on to the review panel. It has almost concluded its work, but those suggestions remain useful. I share the shadow Minister’s endorsement of and thanks to the Angelus Foundation for its superb work in the area; I am pleased to have been able to meet with people from the foundation on a number of occasions to discuss their work.

The shadow Minister referred to a number of issues, including information. I assure her that the expert panel that I have appointed has had a working group on the sharing of information and has also been identifying the need to ensure that it is shared with the health environment. We are therefore looking at information available from accident and emergency, to which she referred, and wider health service treatment. I expect recommendations in that area as part of the expert panel’s work. The hon. Lady also mentioned the National Poisons Information Service, which I assure her that the Home Office uses. The service is particularly important when we are gathering evidence for the Advisory Council on the Misuse of Drugs; it informs ACMD’s advice and, subsequently, our decision on drug control. The service is used by and valuable to the Home Office.

On the figures for deaths, Members are right to draw attention to the increase to 68. For the record, that is 4% of drug-related deaths. Sixty-eight too many have died, but we must not take our eye off the ball: a lot more deaths from drugs have to be dealt with as well, whether they involve heroin, crack cocaine or other substances. I hope that that has been a helpful response to the debate. If there are any outstanding questions, I am happy to answer them individually.