Norman Lamb
Main Page: Norman Lamb (Liberal Democrat - North Norfolk)Department Debates - View all Norman Lamb's debates with the Ministry of Justice
(9 years, 2 months ago)
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My hon. Friend has not stated a specific study, but certainly that was not the view in the Lancet review of cannabis. I find that there is a searching around for evidence. It is policy-based evidence—evidence that has been looked for to justify a policy, rather than being found and leading to a policy. It is similar to the sort of thing we find in the global warming debate.
I find myself agreeing with everything that the right hon. Gentleman has said, perhaps with the exception of what he has just said. Does he agree that if a product is potentially dangerous, it is better to purchase it in a regulated market, with controls, rather than purchasing it from a criminal?
That is absolutely right. The product is most likely to be unhealthy if it is illegally obtained and probably impure—of course that is even more true of hard drugs—and likely therefore to cause side effects that are not necessarily caused directly by the cannabis itself. Obviously, it is usually used in association with tobacco, which is itself undoubtedly harmful.
I certainly agree that the medical arguments are overwhelming. I cannot think of any good reasons for not allowing the use of cannabis and its derivatives for medical purposes, although there clearly are arguments, which I do not find compelling, for prohibiting it generally.
The more I examine the arguments for prohibition, the clearer it is to me that although the pretence is that it is for health reasons, the actual reason is moral disapprobation of drugs. I am probably one of the few people in this room who is prepared to say that I share that moral disapprobation. Of course, the greatest sin that one can commit in this country is to take a moral view on anything; that is the supreme immorality. I do think that it is wrong, however, to get stoned out of one’s mind on anything. It is degrading. God gave us minds to see things clearly, not to befuddle and bemuse. There are greater moral arguments, the traditional one being that it undermines one’s self-control and leads to other, more serious wrongdoing. For all those reasons, I am against using it and I would discourage people from using it.
Those who are motivated by moral disapproval of the abuse of drugs make two mistakes. First, they confuse use and abuse. Occasionally to have a relaxing spliff is one thing. I have never done so, and I would not advocate it, but I occasionally go home and drink a glass of wine to relax after a hard day of looking at 38 Degrees petitions, and I do not see any great difficulty in that. I would, however, discourage people from abusing either alcohol or cannabis.
Secondly, those who are motivated by moral disapproval jump to the conclusion that because something is morally wrong, it should be against the law. Lots of things are morally wrong that are not against the law. Adultery is wrong; one should not betray one’s spouse, but we should not put people in jail if they do. We have to get used to the idea that in a free country, people will have to make many moral decisions themselves without being told by the law what to do. We would be a healthier and better country if we gave people that moral responsibility, without saying that it is something that we approve of. It is a choice that people should make, and those of us who disapprove of certain decisions should make the moral arguments against them, rather than dressing them up as, or hiding behind, largely spurious and bogus health concerns, which are at best greatly exaggerated, and at worst non-existent.
I want to intervene briefly to say that that was the most perfect explanation of liberalism, and I applaud the right hon. Gentleman for giving it.
It is a pleasure to serve under your chairmanship, Mr Evans. It was good to hear the opening contribution of the hon. Member for Newport West (Paul Flynn), who has long campaigned on such issues. He has always been consistent, for which I greatly admire him.
It was also good to hear the contribution of the right hon. Member for Hitchin and Harpenden (Mr Lilley), who is my sister’s MP. I found myself agreeing with much of what he said. He thinks he is alone but, actually, I have never taken cannabis. I am instinctively hostile to the excessive use of any drug, legal or illegal, because of the impact on the individual and, sometimes, on their family and the wider community. It is precisely the potential health risks to which the hon. Member for Central Suffolk and North Ipswich (Dr Poulter) referred that make me conclude that cannabis should be treated as a health issue, not a criminal justice issue. Surely it is absolutely inappropriate to criminalise people the way we do at the moment.
The global war on drugs has been a catastrophic failure. It dates all the way back to President Nixon. Profits from the global trade in drugs, to the tune of £200 billion, go exclusively to organised crime. It is a remarkable failure of public policy to have enriched criminals so successfully. Despite the efforts of the UK and US military forces in Afghanistan, the production of poppies has increased threefold during the period of their involvement there.
We spend about £65 billion globally a year on enforcement, and it achieves absolutely nothing. Thousands of people lose their lives. We have seen many gruesome beheadings in Mexico of people caught up in drug wars. The trade corrupts Governments in central and south America. Critically—I suspect that Conservatives ought to recognise this—it undermines the rule of law, which is the foundation stone of a civilised society.
Incredibly, the war on drugs leads to the criminalisation of tens of thousands of young people in our country. Last year, 30,000 people were criminalised for the use of cannabis. I am acutely aware of the comorbidity of mental ill health and drug use, but often people who suffer from mental ill health resort to cannabis for relief. Then we choose to criminalise them. It is a remarkable thing to do in a so-called civilised society.
Yet there is extraordinary hypocrisy on the issue. Senior politicians are frequently challenged about their use of cannabis and other drugs in their teenage and early adult years. Those who admit to such drug use laugh it off as a youthful indiscretion, apparently comfortable with the fact that tens of thousands of their fellow countrymen and women—usually people less fortunate than the politicians who reach the top of Government—end up with a criminal record for doing precisely the same thing. We should be uncomfortable about that.
Although the right hon. Member for Hitchin and Harpenden and I have never taken cannabis, probably at least 50% of the Government have, yet thousands of their fellow citizens end up with a criminal record for doing the same. Incidentally, there is one notable exception. Lord Prior, the Conservative whom I defeated in North Norfolk, bravely admitted while Member of Parliament for North Norfolk to using cannabis as a student and called for reform of our drug laws. I hope that he maintains that view. I think that he does, but he is the exception that proves the rule.
The whole policy is disastrous in public health terms. Many people lose their lives unnecessarily through dangerous drug use. Someone who buys drugs from a criminal has no idea what they are buying, and the criminal has no interest in their welfare. That is catastrophic and must be challenged. At the same time, two of the most dangerous drugs available, tobacco and alcohol, are legal in our country. We talk about the potential risks of cannabis, but tobacco kills about 100,000 people in the United Kingdom every single year. About half of regular smokers end up dying of a smoking-related illness, and it is a legal drug.
Alcohol causes untold damage in our society to families. Thousands of families in my county of Norfolk have a problem alcohol user in the household, damaging children along the way. Violence on our streets and domestic violence are linked to alcohol. It kills 20 times more people in our country than heroin, yet the Government resist introducing even minimum unit pricing on alcohol as a regulatory limit that might reduce the carnage. My own former party leader, Charles Kennedy, lost his life to alcohol, a legal drug in our country.
We need a new approach. As the hon. Member for Newport West said, we need an approach based on evidence, but where national politicians have failed to take the lead, change is happening locally. Many police officers around the country show commendable creativity and openness of mind in challenging how things are done. Tom Lloyd, a former chief constable in Cambridgeshire, was a police officer who lead the way early. Now police and crime commissioners, recognising the pressures on public resources in their area, have moved away from criminalising people for taking cannabis. Ron Hogg in Durham, for example, has effectively decriminalised cannabis in his area. Alan Charles in Derbyshire has done the same. Martyn Underhill, an impressive independent police and crime commissioner from Dorset and an ex-police officer, has spoken of his support for those initiatives.
As the right hon. Member for Hitchin and Harpenden said earlier, decriminalisation is not ultimately the right legislative solution. We need to go further and introduce a regulated market. Internationally, things are changing and the momentum is growing stronger. In the United States, Colorado, Washington and Alaska—yes, the state Sarah Palin comes from, Republican to its core—have voted to legalise cannabis. Oregon, another western state, and Washington D.C. have also done so. Uruguay has decided to introduce a regulated market, which has now been established. California and several other states, including the deeply conservative Ohio, are now looking towards a legalised regulated market.
Some 23 states now allow the medical use of cannabis. As others have said, what possible justification can there be for continuing to criminalise people with multiple sclerosis who choose to relieve their pain? It is unbelievable. This Government could act straight away on that if they had the will to do so, and they would have massive public backing. In Europe, the Czech Republic is now pressing for reform, and there are cannabis social clubs in Spain.
An issue with UN treaties makes it difficult, on the face of it, for states to introduce regulated legal markets, but in October last year, the US assistant Secretary of State, William Brownfield, said that the international community should
“accept flexible interpretation”
of UN conventions,
“tolerate different national drug policies…accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs…How could I, a representative of the Government of the United States of America, be intolerant of a Government that permits any experimentation with legalisation of marijuana if two of the 50 states of the United States of America have chosen to walk down that road?”
That is commendable.
Change is happening, and I desperately want the United Kingdom to consider the evidence and not base policy on fear, stigma and prejudice. As the hon. Member for Newport West said in his opening remarks, my party, the Liberal Democrats, has established an expert panel to consider how a regulated legal market for cannabis could work in our country. Professor David Nutt, the former chair of the Advisory Council on the Misuse of Drugs, will sit on the panel, along with Tom Lloyd, the ex-chief constable who has been brave enough to speak out. Niamh Eastwood will also sit on the panel, which will be chaired by Steve Rolles of Transform. Let us have an approach that focuses first on health, not criminal justice. People know what they are buying in a regulated market. Let us focus policy on taking money away from criminals, taking control of the market and allowing tax revenues to be used to educate people about the dangers of drugs. Is that not a more rational approach? It is fiscally responsible—something the Government should recognise. It would be a better use of public money, protect young people and end the crazy criminalisation of many young people. That approach ought to be attractive to the Government.
The panel will focus on how to reduce harm and minimise the illicit market. It will look at Colorado and other states that have gone ahead with such work. The early evidence from Colorado is positive. There has been no obvious spike in young people’s use of cannabis, no increase in crime and no increase in road fatalities. As the hon. Member for Newport West said, the majority of the market is now regulated and has been taken away from criminals, thus reducing the profits of criminal networks. The tax revenues are used for a social purpose.
I am most grateful to the right hon. Gentleman for allowing me to intervene as he is coming to the end of his contribution. He rightly emphasises looking at the evidence. May I invite him—my right hon. friend from a different party—to revise what he suggested earlier in his contribution? I am not a member of the Government, nor do I wish to be, but he cited a percentage of the Government who he said were users of cannabis, and I do not think that he would want that percentage to stay on the record without correction, without evidence.
I am grateful to the hon. Lady for her intervention. Of course, my suggestion was speculation, but very many young people—about a third—choose to take cannabis at some stage. As the right hon. Member for Hitchin and Harpenden said earlier, that percentage of the population choosing to use cannabis starts to undermine the rule of law. Perhaps the percentage is a third and not a half, but one can make a reasonable judgment that a significant proportion of this Government will have used cannabis at some point. That is a reasonable assumption to make, yet the Government appear to be comfortable with other people in this country ending up with a criminal record. That is what I find distasteful and that is what has to be challenged. We need policy based on evidence, which focuses on health and not criminal justice.
I am conscious that other people want to contribute to the debate, so I must remain disciplined or I will be told off by Mr Evans.
The case is overwhelming. I urge the Government to act and listen to the evidence.
I congratulate the hon. Member for Newport West (Paul Flynn) on bringing the petition to the House and all those who signed it. That is probably the last time I will remember the name of a constituency; I have not yet got to grips with the constituencies, so I will probably point a lot.
It is clear from the petition that cannabis and its production, use and legislation is an important issue to the people of the United Kingdom. I received an email from a constituent yesterday informing me that more people signed the petition in Scotland than anywhere else, and that Glasgow was the city with the highest number of signatories, with my own constituency having one of the highest rates. For that reason, and because I am the Scottish National party spokesperson on civil liberties, I am pleased to contribute to the debate.
The frustration that the signatories to the petition must feel is that, although the issue evokes strong emotions in different quarters, there is no settled demand for any specific legislative change. Even today, most of the speakers, however they feel about the matter, acknowledged the other side of the debate. I do not envy those who have to make the decision, but I echo everyone else’s calls for much more research, so that we can get to the bottom of the argument.
The debate also reflects some of the idiosyncrasies of the current devolutionary settlement, in that control of drugs is reserved to the UK Parliament under the Misuse of Drugs Act 1971, but the treatment and prevention of drug problems is devolved to the Scottish Government. That is an unhelpful division in a policy area that is too important for there to be a fragmented approach, but it also illustrates that there are a number of facets to the issue: harm reduction and public health on the one hand and legality and criminalisation on the other. There is a strong argument—I have heard this a couple of times today—that public health should be the focus when considering drug and alcohol use and misuse. The right hon. Member for some constituency, which I am sure is wonderful—
The right hon. Gentleman made the strong argument that the Department of Health should consider the issue, not the Ministry of Justice. In Wales they do things differently—health is devolved to Wales. They have centres there where they carry out tests so that those who choose to use illegal substances can find out what is in them. I am interested in hearing more about the impact of those centres.
Taking a multifaceted approach stands in contrast to the often ill-informed populism that, as many hon. Members, including the hon. Member for Newport West, have said, often decided policy under all Governments in the past. There is a need, therefore, for much more research and more definite conclusions, to remove the debate from the realms of both an ill-informed populism —on both sides of the debate at times—or an abstract legalism.
Many hon. Members will know of the real difficulties that criminal records cause people in the poorest communities. Those communities are also often the ones most heavily blighted by the antisocial use of drugs. At this point, I want to do a “bit of a Jeremy Corbyn” and provide a voice for my constituents because, like most hon. Members , I have had many emails on the issue. I will quote just a couple of them, because they have asked me to be their voice here today, although they have differing views on the matter. Drew from Robroyston says:
“I understand arguments on both sides but it is hypocritical that we freely sell and consume substances such as alcohol and tobacco but prosecute those who choose to ingest less harmful drugs.”
Caroline, however, says:
“My brother was managing his schizophrenia until he started cannabis.”
William asks me:
“If the Misuse of Drugs Act is there to prevent social harm and alcohol and tobacco aren’t illegal, why am I made to be a criminal for smoking cannabis?”
Another constituent says:
“The fact that alcohol is legal is not an argument for also legalising cannabis. If we were considering legalising alcohol today, would we?”
The petitioners may not get all they are campaigning for today—they may; I have no idea what the Minister will say—but they need to know that their arguments are being listened to, and the best way to achieve that is to commit to researching the issues properly. Those opposed to the petition would surely be satisfied by that, because they believe that research will back up their arguments. It is a win-win for the Government, and I urge the Minister to commit to that research today.
One of the clearest things we know from the research that has already been done is how much work remains. The effects of alcohol and tobacco are well documented in our society, and the Scottish Government continue, via their minimum pricing regulation, to stand up for public health in the face of pressure from the industry and, sometimes, the public. However, the health effects of cannabis at a societal level, its relation to other drugs including tobacco and its relationship, causal or otherwise, with mental health problems require further study.
A very close associate of mine has bipolar. She was a regular user of cannabis. She asked two different psychiatrists, “Did that make it worse?”, and one said yes and the other said no. She asked them whether it caused her bipolar, and one said, “Possibly”, and the other said, “You possibly started to use it to cope with the effects of an undiagnosed condition.” That is the problem. I have heard a couple of Members say that there is conclusive evidence, but there is no conclusive evidence that cannabis does not exacerbate pre-existing mental health problems. Anyone with any experience of mental illness would never support anything that would exacerbate or cause psychotic episodes. Another argument that is put is on whether alcohol exacerbates mental health conditions. If research is done and it is found that cannabis has a serious impact on people’s mental health, that would be a strong argument against its legalisation.
On the other hand, we have to look at physical conditions. We have heard much today about medicinal cannabis. I was emailed by Michelle Anne; I think she probably emailed everyone. She was demonstrating outside today, and she is possibly in the Public Gallery. She described the physical symptoms of some of her conditions. I cannot read all the email out, but she talked about waking up and how before she moves, she has to fight spasms, cramps and electric shocks. She described it as like being
“thrown into a bed of nettles”.
She spoke movingly about how, as a result of her using what she referred to as organic, well-grown, cured cannabis, she now feels happy, sleepy and hungry—all welcome benefits.
Although we have heard arguments in favour of legalisation, it is clear that that is not a panacea. The evidence from the US states that have proceeded with decriminalisation indicates a variety of outcomes. All parties would probably benefit from a continued study of those jurisdictions and our European neighbours to inform policy in this country. It is surely a gift to us that we do not have to rely on a debate to come to a conclusion; we have evidence from around the world and other countries willing to share it with us. As the hon. Member for Newport West said, they have done the work for us, so let us use it.
There are clear arguments against legalisation, but the House would do well to heed some of the real problems associated with the policy as it stands. Those from our poorest communities and from black and minority ethnic communities are affected most severely by the criminalisation policy. The right hon. Member for Hitchin and Harpenden (Mr Lilley) talked about morality, but I would put it another way: there is a snobbish attitude to cannabis as compared with other drugs. As other Members have said, it would appear from various media reports that those of a middle to upper-class background can partake in illicit substances in their university days without ever jeopardising their future careers. However, for many people from a working-class background, a drugs-related conviction, no matter how minor, can have a devastating impact on their life chances in terms of employment.
Let us also consider one group of primarily black and minority ethnic users—Rastafarians. Their use of cannabis is part of their religious and spiritual beliefs. I am probably the only speaker here today—Members can prove me wrong if they like—whose partner is a Rastafarian. I might get shot down in flames for this, but he is probably the only Rastafarian who has never used cannabis. It is not compulsory for Rastafarians to use cannabis, but it is part of their spiritual outlook. He has asked, “If I choose to use cannabis because it is part of my religious beliefs, where are my civil liberties if that criminalises me?”
I end by making one final point. The international context of our drug legislation must be considered. The UN drug conventions are all more than a quarter of a century old, and there is growing anticipation ahead of the international discussions in 2016, which will be informed by a far broader base of evidence accumulated in the interim period. It is noteworthy that some of the countries that requested that the discussions be brought forward are very much at the forefront of what was once called the war on drugs. The Government should ensure that the United Kingdom participates fully in the UN discussions on drugs policy. That will allow us to act responsibly on the international stage, using UK evidence to inform international approaches and utilising the latest international research to influence policy here on these islands.
It is a pleasure to serve under your chairmanship, Mrs Gillan. I welcome the new shadow Minister, the hon. Member for West Ham (Lyn Brown), to her role. I did not get an opportunity to do so at Home Office questions earlier. We are friends, which is a dangerous thing in this place, and we agree on many things. In fact, I agree with most of what she has said in her comments today.
May I start by saying that I am not from the university elite who smoked cannabis when they went to university? I am not cynical and I am not horrible—I hope. I worked very closely with the right hon. Member for North Norfolk (Norman Lamb) when he and I were shadow Health Ministers and when he was a Health Minister with responsibility for mental health and I was in a different role.
I have every sympathy for my friends and members of my family who have had MS and the terrible pain and anguish that they go through because of an incurable disease. So I start from the premise of having sympathy. Let us see what we can do in the 21st century to take people out of that environment. However, I have real concerns about legalising cannabis. I congratulate the hon. Member for Newport West (Paul Flynn) on his position, which has not changed in 40 years. I also congratulate my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley). I expected him to be sitting here when I came in to the debate today.
We have had two contributions from people who are medically qualified and who know—not anecdotally—about the medical side and the patient’s point of view. Their contributions have been enormously significant. I believe that the debate would have been more useful if we had talked about the medical side and the help available, rather than the generality.
If I can make a little more progress, I promise I will give way shortly. I am always generous in that way.
Although we have had a huge petition from people who are for legalisation, I am sure that colleagues in the House have also had people writing to them saying no to legalisation, as indicated by the SNP shadow Minister, the hon. Member for Glasgow North East (Anne McLaughlin), a moment ago. There is no petition from those who do not want to change the legislation, but a large petition from those who do. I think a significant minority also need to be considered in this debate.
I do not think there is any dispute about medical risk. The question is about how one responds to it. Does the Minister really think it is appropriate to give someone who is perhaps suffering from mental ill health a criminal record?
To be fair, that is different from the point I was trying to make. In the modern way in which we police—not just in the past five years, but for many years—the discretion of a police officer to make a decision is an operational matter for them, and not for politicians. Also, it is not for police and crime commissioners to make such decisions. I know what the Durham PCC said, but operational decisions are for the chief constable. PCCs were not set up to make such decisions. We now have cross-party support for PCCs. I am pleased about the Labour party’s conversion since the election. That is not a snipe—yes, it is—but I am really pleased that there has been a change, because there are excellent PCCs out there and they do an excellent job.
I am also conscious that there are devolved Administrations looking at this matter differently. I will come to some of those points later. Let us see what positives can come out of this. I will not stand here and say, “We are going to legalise cannabis.” I am not going to say that from a moral, personal or Government position. However, we could look carefully, as was mentioned by my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), at the research. We need to look at why the research is not taking place and at the effects of certain parts of the legislation.
Believe it or not, I took a week off the week before last and went to my favourite part of Norfolk: the Norfolk broads. I spent a week fishing while my wife and mother-in-law looked at the other beautiful parts of Norfolk. I used a lot of hemp—we discussed the seeds earlier in the debate. I live in and represent Hemel Hempstead. Some of the bread that some of us buy contains hemp seeds. My hon. Friend the Member for Central Suffolk and North Ipswich alluded to the problem of the seeds being legal, and the rationale behind that, although that does not mean we should not look carefully at the matter, and we will. There should be nothing in statute that prevents research into improving people’s quality of life. I will go away and work with other relevant Departments to see how we can do that.
My good friend the hon. Member for North Down (Lady Hermon) alluded to what would happen with the republican response. As a former Northern Ireland Minister, and having served in Northern Ireland in uniform in a different capacity, I know that the sad thing is that these thugs and organised criminals will find something else with which to raise money and destroy their communities, as they have done with diesel laundering and other things over the years. I do not think that legalisation would make a huge difference to what they do, but it might make a huge difference to the lives of the hon. Lady’s constituents, whether mentally or physically, according to the evidence we have heard today.
Another issue, which I discuss with my constituents, is the diverse views about where we should be on this subject. We are as one in wanting to protect our constituents, but we are perhaps looking at it in different ways. Going back to the point made a moment ago by my former right hon. Friend, the right hon. Member for North Norfolk, mental health protection for vulnerable people is probably one of the most difficult and important issues we face, which is why I am so pleased that, after the work we did in the past, so many police forces now have mental health professionals with them on the streets and in the custody suites, and use sections 135 and 136 less.
As we have heard, there is conflicting evidence from studies from across the world. The majority of the world has not legalised cannabis. There is movement, but the majority of the world is in roughly the same position as us. The shadow Minister talked extensively and absolutely correctly about Portugal, but they have a completely different strategy for working with people and moving forward, and that is true not only of their health service. Only last month, the Washington State Institute for Public Policy said that it is too early to decide whether what is going in that state is going to work. The evidence I have before me says that the institute thinks it will not be clear until at least 2017.
From a sedentary position he chunters on. Let us listen to what the royal colleges have said, because they are the experts. The Select Committee took evidence. I have sat on Select Committees and I know exactly what goes on. I think I am due to give evidence to the Select Committee next week. It is crucial that we do not set ourselves in one position but that instead, we ask what research could help take things forward. That is what I have committed to doing and it is very important.
I am delighted that the Minister visited the Norfolk broads. I wonder whether, when he was there, he enjoyed a pint in one of the many pubs. There is very clear, overwhelming evidence that alcohol is more dangerous than cannabis. Can the Minister give any explanation of why it makes sense for that more dangerous product to be legal while a less dangerous product is illegal?
Well, I am not actually convinced, on the evidence, that cannabis is less dangerous for certain people. As was said earlier, if we were to start alcohol and tobacco policy again from today, of course we would not be where we are now. I accept that point.
In conclusion, I am committed to working with other Departments and whoever else wants to work with us to ensure that, in the 21st century, where cannabis can be helpful through pharmaceuticals, we will try to make sure that that happens. I am committed to looking at the research and at what work we should be doing. This debate has been enormously useful, but I cannot support the petition.