26 Paul Flynn debates involving the Ministry of Justice

Prisons Policy/HMP Long Lartin

Paul Flynn Excerpts
Thursday 12th October 2017

(6 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Sam Gyimah Portrait Mr Gyimah
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Drones are an emerging and serious threat to our prisons, especially as they carry an increasing payload as they develop. We are working with a number of drone manufacturers to use technology to stop drones, but we are also focusing on the law enforcement aspect. Before I became the Prisons Minister, there had been only one conviction of a person flying a drone into a prison. This year alone there have been 11 convictions of people flying drones into prison. That is because we are working with the Home Office forensics team, examining drones that fail, going after the perpetrators through the forensic work we are doing and ensuring that they face the full force of the law. It has become apparent that those involved in serious and organised crime are often behind such activity, and we are sending a signal that we will go after them.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Will the Minister visit Amsterdam for a relaxing weekend, to study the special prison crisis they have in Holland, which is a lack of prisoners to fill their prisons? They have had to close 19 of them down. Will he examine the contrast between the intelligent, pragmatic policies on drugs of the Dutch over the last 50 years and the harsh, unintelligent policies that we have had in this country? The Government there have shown a welcome desire to reflect on the failed drug policies here and introduce new measures that reflect the reality of the situation, in having drug houses that can be used and possibly looking again at imprisoning people for using the medicine of their choice. Is it not time we decided who has got it right over the last five years: the Netherlands or us?

Sam Gyimah Portrait Mr Gyimah
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I think the Government Whips would be slightly concerned if I accepted another invitation to go abroad to visit prisons, but the substance of the hon. Gentleman’s point is very interesting when it comes to dealing with people who are on drugs in prison. It is about dealing with the supply side and the demand side, but also getting people off drugs. Holland clearly has a very different approach to its prison system. As I have said in relation to Scotland, I am willing to learn from all different jurisdictions to see how we can improve what we are doing here.

HMP Birmingham

Paul Flynn Excerpts
Monday 19th December 2016

(7 years, 5 months ago)

Commons Chamber
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Elizabeth Truss Portrait Elizabeth Truss
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Clearly, there are issues across our prison estate. There is not sufficient time out of cell, and that is one of the things we are going to be measuring in our new reform measures. We also do not have sufficient staff to be able to keep our prisons safe and reform offenders, which is what we need to do.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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It took three written parliamentary questions from me to get the Government to confess that only one prison in Britain was free of illegal drug use. It took a fourth question to get the information that that prison had no prisoners because it had closed down. This is symptomatic of the Government being in denial of the corruption and chaos in our prison service. Have not the Government’s policies for the past six years been, like the Minister’s statement today, evidence-free and ignorance-rich?

Elizabeth Truss Portrait Elizabeth Truss
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I congratulate the hon. Gentleman on his assiduousness in asking parliamentary questions, which have elicited an answer. If he reads the “Prison safety and reform” White Paper, he will see there is a whole section on how we deal with the issue of drugs: testing offenders on entry and exit, and making sure that governors are held accountable for getting people off drugs. That is the way we are going to crack this problem.

Prison Safety and Reform

Paul Flynn Excerpts
Thursday 3rd November 2016

(7 years, 6 months ago)

Commons Chamber
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Elizabeth Truss Portrait Elizabeth Truss
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I commend my hon. Friend for the work he did as prisons Minister in promoting employment. I have seen some excellent schemes in prison. For example, Costa Coffee is offering jobs and training people as baristas, and I have mentioned Land Securities looking for scaffolding and dry-lining workers and training them in prison. I completely agree with my hon. Friend that rather than doing work in prisons and then seeing what jobs are available on the outside, we need to look the opposite way round; we need to see what is available on the outside and make sure those are the skills we are training up in prisons, preferably with the employers who are then going to take those offenders on.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Will the right hon. Lady have a word with the right hon. and learned Member for Rushcliffe (Mr Clarke) in order to reduce her naive optimism and to recall that no party in the last 45 years has reduced recidivism? On this Government’s watch, a recent report said the number of prisoners who first took drugs in, for example, Bedford jail had risen from 4% to 14%, meaning people were going in as shoplifters and coming out as heroin addicts. What is she going to do about that?

Elizabeth Truss Portrait Elizabeth Truss
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I completely reject the hon. Gentleman’s counsel of despair. This is the first time we will ever be putting it in statute that reform is the purpose of prisons. At the moment the Secretary of State is merely responsible for housing prisoners, not making sure we improve outcomes. We have not had that systematic approach and I am determined we achieve it.

Psychoactive Substances Bill [Lords]

Paul Flynn Excerpts
Wednesday 20th January 2016

(8 years, 4 months ago)

Commons Chamber
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Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Can my hon. Friend give an example of any anti-drug use education programme here or anywhere else in the world in this century or the last century that has resulted in a reduction in drug use?

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Lyn Brown Portrait Lyn Brown
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Genuinely, if the evidence changes and we can see that there are significant harms, we should ban poppers. This is a bit like alcohol: when it is used excessively, it causes massive harm. As I understand it, the way that poppers are generally used, they do not create the kinds of harms that would require us to ban them. We genuinely believe that to ban them would cause more harm than it would solve.

Paul Flynn Portrait Paul Flynn
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Will my hon. Friend challenge the popular myth that, by banning a drug, we reduce its use? That has virtually never happened, and almost every time a previously legal substance is banned, its use increases. That happened with mephedrone and its use increased 300%. It is a complete myth to say that banning a drug will have such effect. What it is likely to do is replace a legal market with a criminal market, which is infinitely more harmful.

Lyn Brown Portrait Lyn Brown
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I agree that if we do not place poppers on the exempt list today, we are likely to replace a regulated market with a criminal market, which is in no one’s interest.

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Cheryl Gillan Portrait Mrs Gillan
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I could not put it better myself. That is what concerns me about the Bill. The point was made that if this is seen to be a blanket ban—and a stupid ban because it bans perfectly innocuous substances—that will undermine the very purpose for which the law is being passed.

Paul Flynn Portrait Paul Flynn
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Does not the right hon. Lady think that if we treat these nootropic drugs differently from all the other new psychoactive drugs, there is a danger that we give them some credibility or approval? There has been some research into their harm, or otherwise. The trials have been poorly designed, and they have not found any great dangers in them, but they would not be accepted as being right for a medicinal drug. I understand her constituent’s commercial interest, but would it not be dangerous to treat this group the same as any other and thereby give the public the impression that they are harmless, because we do not know that?

Cheryl Gillan Portrait Mrs Gillan
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I do not think that putting them on the exempted list means that anybody should draw the conclusion that they are harmless. They obviously have an effect of some sort on individuals; otherwise, my constituent would not have, as he reports to me, 32% repeat orders for many of these substances. I take the hon. Gentleman’s point. However, in relation to cholinergics, the National Academy of Sciences has said that choline is a dietary requirement, as I mentioned, and the Food and Drug Administration has recommended 425 milligrams of choline intake a day. With regard to racetams, oxiracetam, for example, has been shown to improve step-down, retention and acquisition performance in research carried out on rats, I believe, and was supported in a paper in “Behavioural Brain Research” in 1996. I have various other references citing good research carried out into these drugs; some, I admit, have not had so much research into them.

The purpose of amendment 1 is to make sure that the law of unintended consequences does not apply to this Bill. The Minister needs to reassure my constituent, and the many organisations such as online companies and health food shops that sell these substances, that either they do not fall within the ambit of this Bill, and that therefore they need not concern themselves about falling foul of it, or, if he thinks that these substances need more research, to tell us what needs to be done. I expect, at the bare minimum, that he will undertake to review the products that I have listed in the amendment and to let us know, after discussions with the ACMD, what he intends to do. I hope that he will be able either to add these products to the exempted list or to let us know that the Bill does not apply to them. If it does not, he needs to reassure my constituent by letting me know the timescales within which he will investigate these products and perhaps others that might be brought to his attention.

Keith Vaz Portrait Keith Vaz (Leicester East) (Lab)
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It is a pleasure to follow the right hon. Member for Chesham and Amersham (Mrs Gillan), who is one of the most distinguished and respected Members of this House, and makes her case very powerfully. I owe her an apology. Because of the speed with which the Home Affairs Committee had to look at the Bill, owing to the timetable that the Government gave us, we did not have the opportunity to explore properly the points she has made or to take evidence from her constituent and others who might have felt that they were going to be affected by it. If we had had more time, we certainly would have had them before us. I am sure that, as is our policy, when we come to review this Bill in a few months’ time we will have the opportunity to consider exactly what its effect has been. I thank her for tabling the amendment and for reminding the House of the importance of all the other products that might be caught by the Bill.

I want to commend the Minister, who is rapidly becoming one of my favourite Home Office Ministers, partly because he agreed to be Father Christmas at the Westminster kids club party, and did it so well, but also because he is prepared to listen to the House. He said he would look at the work of the Select Committee and try to reflect some of it in the amendments he tabled in Committee, and he did so in the case of many of our recommendations. Yesterday he sent me—I thank him for giving me plenty of time to read it for today’s debate—the Government’s response to the Bill’s Committee stage and to our recommendations.

I thank the hon. Member for Enfield, Southgate (Mr Burrowes) for last year pushing the Select Committee to hold an inquiry before the House had to consider the Bill on Second Reading. Again, we were caught out by the Government’s timetable being moved forward, as a result of which we did not have all the time in the world to consider these things. However, I thank him for doing it. I thank members of the Bill Committee, some of whom are here today, for the work they did at very short notice to ensure that that happened. The hon. Member for Louth and Horncastle (Victoria Atkins) attended many of the Committee’s sittings despite the fact that she was serving on two other Committees at the same time.

The Government have moved on several of the points that we have made. They were right to legislate—there is no question about that. This has been in the in-tray of successive Home Office Ministers for a number of years. The previous Labour Government were committed to doing something about it—it was in our manifesto, as our excellent shadow Home Office Minister said—and I am sure that if the votes had fallen in the opposite direction, we would have a Labour Minister introducing a similar Bill. I therefore say well done to the Minister for doing this and for incorporating most of what we have suggested.

I particularly want to talk about amendments 1 and 5. It is very important that we give support to voluntary organisations such as the Angelus Foundation, which invariably know more than Government, because they draw on the experience of real, live people, and they are prepared to come together voluntarily to try to warn the public and Parliament about the risks of these substances. I am glad that we are not using the term “legal highs” any more, because, as the report clearly says, that encourages people to want to try them.

I agree very much with the shadow Minister’s comments about education, which I am sure the Minister will echo. We cannot do too much to persuade young people that they should not be taking these substances. My children are 20 and 18, and they are away at university. It is every parent’s nightmare that one of their children, on a night out after studying and doing their work, will be offered a substance that is perfectly legal, take it, and then be ill and, in some cases, die. The Home Affairs Committee therefore absolutely support the Government’s tough approach.

Paul Flynn Portrait Paul Flynn
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My right hon. Friend says that the name “legal highs” attracts people to the drugs. Does he not think that if we change their name to “illegal highs”, they will become even more attractive to adolescents?

Keith Vaz Portrait Keith Vaz
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They may well do, but we are not going to call them “illegal highs”. The Bill does not seek to change their name. The effect of the Bill is to ban the substances that cause death. It is not about relabelling. I have great respect for my hon. Friend, who was a distinguished member of the Home Affairs Committee. I know that his position is to liberalise the law on drugs, but that is not my position and nor is it that of the Committee. Although we miss him, and I know he would have forced most of our reports to a vote, we do not miss him that much.

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Anne McLaughlin Portrait Anne McLaughlin
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I am not arguing that we should not be discouraging young people in that way. I am arguing that if someone buys these substances for themselves and a couple of friends, we should not criminalise them as though they were drug dealers when they clearly are not. I worry that, further down the line, Members of this House will be contacted by the parents of someone who has foolishly purchased such a substance on behalf of himself and one or two friends and has been convicted of supplying drugs. That young person’s life chances would be greatly diminished. Of course we hope they will be discouraged by our telling them what will happen to them if they make these purchases, but I certainly do not think we should punish them and label them as a drug dealer for stupidly buying stuff for their friends. On the whole, people pass a strong moral judgment on anyone with any kind of a conviction relating to drugs, but an even stronger judgment is passed on anyone convicted of supplying drugs. We are talking about a young person getting these substances for himself and his friends, not a young person who has become a drug dealer, yet that is what the conviction would be for.

Paul Flynn Portrait Paul Flynn
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Following the arguments being put forward from the other side, does the hon. Lady agree that the two most deadly drugs, which are taken by millions of people in this country and which cause addiction and a huge number of deaths, are tobacco and alcohol? Has she contemplated the effects that banning those two drugs would have throughout the world?

Anne McLaughlin Portrait Anne McLaughlin
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The hon. Gentleman would not expect me to disagree about the considerable harm that tobacco and alcohol can cause, but today we are talking about new psychoactive substances. I take his point, but it is important to carry on discussing what we have come here to discuss.

Any Member in the Chamber today who has children could face a situation in which their child was silly enough, along with some friends, to experiment with some currently legal highs. They might be fortunate enough not to be damaged physically or mentally by their experience, but they could still be convicted of a drug dealing offence just for stupidly experimenting.

Amendment 14 deals with the question of internet purchases. It seeks to highlight the fact that the Government are criminalising the use of drugs for personal consumption that have been purchased over the internet and that are then shipped into the UK for use by an individual. The Government suggest that they are moving forward and that they are not seeking to criminalise individuals unnecessarily. Indeed, the Bill indicates that those who purchase in other ways will not be committing a criminal offence. However, this part of the Bill will still unnecessarily criminalise people.

I would strongly prefer law enforcement agencies to use their time and effort to prevent the large-scale importation of psychoactive substances for distribution in the UK, rather than concerning themselves with the purchase of these substances for personal use by one individual. In a previous debate on the Bill, the Minister for Policing, Crime and Criminal Justice stated:

“The spirit of the Bill is that we do not want to criminalise individuals for possession, but we are going to criminalise the sale and purchase of these substances.”

We asked for further clarification, and he said:

“I apologise: I kind of misled the House unintentionally on individual possession. I was talking about intent to supply, not intent to use. Making a purchase from a foreign website would be caught, but the purchase on its own from a website or foreign website would not, and I apologise if I misled the House on that point.”

My hon. Friend the Member for Angus (Mike Weir) pressed the Minister and pointed out that clause 8 stated that a person commits an offence if

“the person intentionally imports a substance,”

and

“the person…intends to consume the psychoactive substance for its psychoactive effects”.

He went on to say:

“It seems to me that if someone imports and possesses even a small amount of the substance over the internet he is criminalised, but if he bought it in a head shop, for example—

in this case the head shops would be gone, so if bought in the street—

“he would not be criminalised, which seems to be a strange provision.”

The Minister’s response was:

“That is not the Bill’s intention. As we go through the Bill in Committee we will endeavour to iron out those concerns.”—[Official Report, 19 October 2015; Vol. 600, c. 737-9.]

I was unable to be on the Committee as I was serving on another Bill Committee but I can read Hansard, I have hon. Friends who served on that Committee and I know that in Committee the Minister voluntarily offered this statement:

“Possession in a club would not be an offence; indeed, possession is not an offence under any part of the legislation, unless in a secure facility. It is important to send that message out.”––[Official Report, Psychoactive Substances Public Bill Committee, 27 October 2015; c. 37.]

I would like some clarity from the Minister on that.

How much longer have I got, Madam Deputy Speaker?

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David Burrowes Portrait Mr Burrowes
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It is a pleasure to follow the hon. Member for Kingston upon Hull North (Diana Johnson). Much of the debate on this important Bill has shown consensus across the House. Along with many others, I have campaigned for this Bill for many years, and for a blanket ban on certain substances, and I recognise the efforts made by the Minister to bring the issue to the table. Unusually, that has been done at some pace, and the Home Affairs Committee—on which I and other hon. Members present in the Chamber sit—sought to keep up with the Bill and to ensure that we added our penny’s worth to the debate. Hopefully that has helped, and it was a pleasure to sit on the Bill Committee and see those long-standing interests come to fruition.

I will speak later about poppers, but in some ways, if one wishes to deal with this issue with a blanket ban, the Bill could be seen as a blunt tool in tackling the evil of NPSs. If one wishes such a ban, there are some anomalies or concerns in the Bill. Amendments have been tabled about other seemingly harmless substances that may be tied into a blanket ban. I am willing to give the Government as much rope as possible to hang not themselves but the target of this Bill, which is those evil pliers of the trade—the “big fish” that were mentioned—and the new substances that are coming on to the market. That is what the target should be, and although there has been a natural concern about poppers—I raised that issue in Committee—and we obviously do not want to criminalise the personal use of them, we must also deal with those other substances. However, poppers are not the target of the Bill.

Paul Flynn Portrait Paul Flynn
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Will the hon. Gentleman give way?

David Burrowes Portrait Mr Burrowes
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I want to make some progress.

Let me focus on education, because it is important to ensure that there is enough communication to deal with this issue and to have a profound effect, not just through legislation and enforcement, but through education. We must make the most of the opportunity to educate everyone out there about the harms caused by NPSs.

I have been involved in drugs policy for some time, and I had the pleasure and privilege for a number of years of sitting as an honorary member on the inter-ministerial group on drugs. To me it is not surprising—I say this frankly and openly—that no representative from the Department for Education is currently sitting on the Treasury Bench. Although that IMG was well attended—it is one of the best attended cross-departmental groups, and it led to the 2010 drugs strategy in which I played my part—the Department for Education was the most difficult Department to get to the table.

I say that openly and publicly because it is relevant when assisting the Minister to ensure that communication gets out there, and that education is prioritised. I do not believe that the Department for Education has yet been as forthcoming as it should be, not least given the commitment understood by the Committee, which was that meetings between the Home Office and the DFE would run parallel to parliamentary business, so that we could see that the DFE is serious about wanting to educate young people about the harms of NPSs.

My concern is great—I say this in relation to new clause 1. I do not suggest that we need such a prescribed PSHE route, but we urge the Government to include education in the review and to say that 30 months down the line they will look at how well we have done on education, and how well the word has been spread about the harm of NPSs. The Government told the Home Affairs Committee that the strategic communication plan has been set out, but a question tabled by the hon. Member for West Ham (Lyn Brown) revealed that no specific funds have been set aside for its implementation.

David Burrowes Portrait Mr Burrowes
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That speaks directly to amendment 4, which was also tabled in Committee. That is in effect what the Minister has committed to and that is very welcome.

I have seen my way, when I was on the inter-ministerial group, through four Home Office Ministers. I recognise my right hon. Friend the Minister’s commitment to tackling drugs and, although there has been a revolving door of individual Ministers involved in tackling drugs, Department for Education Ministers need to show that same commitment.

Paul Flynn Portrait Paul Flynn
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Will the hon. Gentleman tell us what attention the Committee gave to the fact that the only two countries in the world that have passed similar legislation have seen large increases in the use of these drugs? In Ireland, there was an increase from 16% to 22%, and in Poland there was a level increase of 3%, the biggest in its history. Is the Bill not going to have the same bad effect?

David Burrowes Portrait Mr Burrowes
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I am not convinced by the hon. Gentleman’s premise. We consistently disagree on drugs policy. The evidence from Ireland is clear. Its blanket ban has been a success, with the closure of head shops and less accessibility to new psychoactive substances.

Everyone agrees that this is the most significant change in drugs legislation since 1971. This is a huge step-change and represents progress in tackling the new drugs on the market. It is not matched, however, with the same commitment to provide funding for education and information. The Department for Transport spent £1.952 million on developing, delivering and evaluating its communications campaign to ensure people became aware of enhanced police powers in relation to drug-driving—I know the Minister was very much in favour of putting that in the statute book—and in particular driving under the influence of cannabis. We do not see that same matched funding commitment to such a significant Bill. We need to see where that will come from to ensure that the good words expressed in the strategic communication plan have a real effect. We need the public to be informed. We need a strategy that covers social media. We need to involve the Angelus Foundation. For the foundation not to be linked to FRANK is frankly ridiculous. That needs to change. FRANK needs to talk better with Angelus and learn from it, in particular from its film awareness campaign. It is so important to have the common goal of alerting young people to the harms presented by NPSs. I look forward to hearing some reassurance on that from the Minister.

I would like to touch very briefly on two other aspects of the Bill. There are amendments on cannabis. I want to link them to new clause 6, which seeks to suggest that arrests and detention for class A drugs should trigger assessment and treatment. I want to highlight the fact that the big issue for young people, along with NPSs, is their use and misuse of cannabis. Cannabis is having a profound effect on them. I visited Highbury Corner magistrates court with the Justice Secretary, the Lord Chancellor. He heard that cannabis has an impact on many young people, but only Islington has a drug treatment facility or the ability to deal with that treatment. Justices have at least one hand tied behind their back when it comes to getting young people the treatment they need. We need to tackle that, along with treatment facilities for NPSs. We need to get up to speed with where the market is going. It is going away from substitute treatment for addiction to the old opiate substances and towards needing an holistic approach to treatment and education. We must get up to speed and the review needs to convince us it is doing that.

Finally, I come to poppers. In Committee I raised concerns about the ban on behalf of many people, including the gay community. I am very pleased that the Government have, belatedly, reached a point where they are going to look seriously at the evidence and at exempting alkyl nitrate. I agree with the Government that there are some complications, however. I raised in an intervention the fact there are already controls around the supply of alkyl nitrates. Under-18s are caught by the Intoxicating Substances (Supply) Act 1985. All of these areas need to be looked at, because there is commonality. The problem with poppers-alkyl nitrates is that they can be tweaked and abused so that the substance becomes harmful. Historically, that has been the case.

The reference to the Home Office about this is somewhat historical. It is not new, and it should not have led to an 11th-hour conversion to consider putting it on the exemption list. The Bill has been around for months—this issue was raised in the other place—so it is encouraging, if also disappointing, that we are still, at this late stage, considering exemptions. I am willing to go with the evidence, however, because it is complicated and we do not want the blanket ban diluted. We need to ensure that this is done properly, with evidence, so that, as the Home Affairs Committee said, there is eventually an exemption.

There are many other issues to talk about, but I want to give others the opportunity to speak. I broadly welcome the fact that, at long last, we will have a blanket ban on the statute book. It will be a force for good, particularly in protecting young people.

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Johnny Mercer Portrait Johnny Mercer (Plymouth, Moor View) (Con)
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I rise to express my broad support for what the Government are trying to do. This is a major issue in Plymouth. At the beginning of this week the local paper ran a story about an individual who had drowned in a local harbour in October 2014. A toxicology report showed that among a number of other drugs a legal high was present in his system. Sadly, I need only look back a further five days in the same paper to find another story about these chemicals, which have now become a haunting menace to society.

Over Christmas I did what many of my hon. colleagues will have done, and went and served Christmas lunch to the homeless at the hostels, and they are being plagued outside these hostels by people selling these illegal highs. This is a real problem in Plymouth.

I also go out with the emergency services at least once a month. When doing so, I see the challenge presented to our law enforcement by these substances. I fully support the Minister in his efforts to identify the new psychoactive substances and react more quickly to them.

I ran a campaign briefly prior to Christmas attempting to raise awareness of these substances, and I strongly support other councils on this. I would like Plymouth to lead the way in getting these substances banned locally before this Bill is enacted.

Ultimately, for me this comes down to one key thing. We often talk in this House of how we support those who challenge the most challenging parts of society, such as police officers and prison officers. They strongly support what we are doing here. It is not good enough simply to stand up in the House of Commons and say, “We fully support the police” and “We fully support prison officers” and then not give them the tools to do their job, which is what I think is being done here. That is why I support the Government’s position.

Paul Flynn Portrait Paul Flynn
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Before I start, may I point out one major error? A picture of me has been widely retweeted by Members of the House. It was taken from American television, where tens of millions of people were informed in the caption that I was leader of the Labour party. I just want to point out that this information is a tad premature.

It is generous to describe this Bill as a landmark in legislative futility, because it is in fact worse than that: this Bill will do harm, as all the other prohibition Bills in the 28 years in which I have been here have—they have all done harm. The Home Affairs Committee does not seem to have considered what has happened in the two countries that have passed legislation very similar to this Bill. In Ireland what happened was that, certainly the head shops closed down—of course they did; they were illegal—and the sites closed down, but they were replaced by other illegal head shops; they were replaced by a market that is criminal and irresponsible. Furthermore, in Ireland the market among young people for using these drugs increased from 16% of the population to 22%. Those are figures from the European Monitoring Centre for Drugs and Drug Addiction. Meanwhile in Poland there was a 3% increase. So now the countries that have passed similar Bills to this one have the greatest use of psychoactive drugs in the world.

This Bill will be counterproductive. In 1971 we passed the Misuse of Drugs Act. At that time we had 1,000 cocaine and heroin addicts in Britain. We have now got 300,000. I wish Members would consider the possibility, in respect of what they are doing and the ideas they have, that the conventional wisdom is the conventional stupidity. It would be madness to ban poppers, as everyone says.

This Bill should be considered on the evidence alone. Should we support the attempt to move cannabis into an area where scientists can work on it? That is an approach that is based not on superstition, rumour or prejudice, but on science, and it should be supported.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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I shall be brief.

I wish to emphasise that although so many elements of the Bill are important, it is essential that it is strengthened in the field of education. New clause 1 addresses that and does answer what was set out in paragraph 76 of the Home Affairs Committee report, which says:

“Successive governments’ spending on education on the dangers of NPS has been shockingly inadequate to date. Action must be taken now, to educate young people”.

Therefore, we are dealing with a plea and a recognition that there has been an absence of education. This is not about politics; it is about evidence-based practice, which is why I am hopeful that the Government will support new clause 1.

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Mike Penning Portrait Mike Penning
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We need to stop these products from being available to young people, middle-aged people and old people like me. It is absolutely crucial that we do that. One of the ways that people can get these products, as we have heard today, is online. We need to ensure that the criminal offence of selling one of these substances will have the penalties it deserves, because there is no point having a blanket ban if we do not actually enforce it.

Paul Flynn Portrait Paul Flynn
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rose

Mike Penning Portrait Mike Penning
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I will not give way again.

Let me now touch on what is an important, and understandably emotive, provision in the Bill. This relates to amendment 5, tabled by the hon. Member for West Ham (Lyn Brown). I desperately have no intention of making life difficult for any individual group; my sole role as a Minister at this Dispatch Box is to protect. When I first looked at the proposals in the Bill, one of the things I asked straight away was, “Okay, tell me about poppers and alkyl nitrites”—I knew very little about them.

Bearing in mind that my role is to protect people and to make sure that this legislation does its job, one of the first things that was put in front of me is the fact that since 1993 these nitrates have been mentioned 20 times on death certificates. Then after that—quite late on, to be fair—I started to listen to other groups, because it was the first time they had asked me to do so. The Bill had gone through the Lords and started its Committee stage when, in Committee, I offered to meet, as I always do, any group that wanted to come and see me. Groups that were going to be affected by the poppers ban came to see me and started to give evidence that these substances were not as dangerous as I had said—and have probably just said again.

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Steve Brine Portrait Steve Brine
- Hansard - - - Excerpts

May I echo the words of both Front Benchers about what a pleasure it has been to work on this Bill and to work with Members from the three main parties? During this process there had been complete consensus and we had no Divisions even in the Public Bill Committee; I served on the Health and Social Care Bill Committee in the last Parliament and I am not used to such Bill Committees. It therefore came as a bit of a rude shock when, at the end of this process and like the No. 10 bus, we had three Divisions in a row—

Paul Flynn Portrait Paul Flynn
- Hansard - -

rose

Steve Brine Portrait Steve Brine
- Hansard - - - Excerpts

I hope the hon. Gentleman will not mind if I do not give way, because two of my colleagues wish to speak and we are going to finish on time. I want to say just three things. Although I do not wish to downplay the importance of the subject, it is unfortunate that we have spent so much time discussing amendment 5 on poppers. All I will say is that it is a hugely important issue, and we need to get it resolved and to move quickly on from it. I really appreciated it when the Minister said “immediately” and “by the summer”. I wrote those phrases down, and, as his former PPS, he knows that I will hold him to his word.

I have been in the House since 2010, and have found that the interest in this subject has been huge. Debates in Westminster Hall and questions to the Prime Minister in the previous Parliament led to the matter being included in manifestos at the general election. Here we are today, and we are almost done with it. To explain why it is important I wish to return to the story of an 18-year-old from my constituency who died at a music festival. She had everything to live for—she was an Army cadet, and a Duke of Edinburgh gold award winner—but for £40 her life was gone. Her dad said at the inquest:

“I always imagined if any harm came to Ellie it would be on a bungee jump, canoeing down a fierce river, or in an accident on a mountain—but nothing like this. She was so sensible. It is an absolute tragedy for our family. It was one act of stupidity that has destroyed a family.”

That says it all about why we are here.

Let us remember that new psychoactive substances are notoriously difficult to identify. Currently, they have to be regulated on a substance-by-substance, or even group-by-group, basis because of the diversity and the speed with which they are developed to replace drugs that are controlled under the 1971 Act. The cruellest danger of the so-called legal highs is that I have seen them sold as “harmless fun” at so many festivals that I happily attend with my friends and, this summer, with my family, and they are of course anything but that.

Do I think that the Bill addresses the problem? I believe so, because it is the blanket ban that we were promised. It is a Bill that we have been crying out for and campaigning for over many years. The current response in Hampshire, which I represent, is built around reducing demand, restricting supply and the use of Trading Standards. Hampshire Trading Standards has tried everything, but it has been unable successfully to secure a prosecution using existing legislation for the sale of NPS by head shops in the county. Instead it has focused on supporting the police using current antisocial behaviour legislation where that can be associated with a problem retailer. It does not take a genius to work out that that is merely fiddling while Rome burns. It is all good work, but, without this legislation, we have been tying our hands behind our backs, and we are now nearly there.

I mentioned head shops. There was one on Stockbridge Road in my constituency and it was still there on Second Reading. I am glad to say that it was closed down last month under antisocial behaviour legislation. My hope is that this legislation will lead to the end of many, many more head shops, as happened in Ireland.

Have we improved the Bill as it has gone through the House? As I said, I sat on the Bill Committee where we introduced, under clause 1, the new offence of possession of a psychoactive substance in the secure estate. That is absolutely crucial, and like the Minister, I share a great deal of hope that that will make a big difference. There is a huge problem in the secure estate right now, and we have a responsibility to tackle it.

In conclusion, this is a very good Bill. It has been a long time coming, and it has been a pleasure to play even a small part in it. It was a manifesto commitment, and we are getting on with delivering it. We are here to do no harm, and to do as much good as we possibly can. As the Minister has said, although the Bill is not perfect, it is a giant leap forward.

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Paul Flynn Portrait Paul Flynn
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Evidence-free and prejudice-rich, this Bill will do harm. It is evidence-free because the House has ignored the evidence of the countries that have taken this step before and have increased drug use. We banned mephedrone, and the result was that its use increased again. By banning a drug, we make it more attractive, drive it underground, increase the prices, and have more irresponsible people selling it.

I have been in this House for every cannabis debate—every drugs debate—for the past 28 years. It is the shared foolishness of the House to believe that prohibition works. It does not: it makes things worse. Drugs will not be controlled by this Bill just as they are not controlled in our prisons, where there is illegal drug use in every single one. This is a foolish Bill based on prejudice and not on evidence.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.

Police Funding Formula

Paul Flynn Excerpts
Monday 9th November 2015

(8 years, 6 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

As I said, I met the permanent secretary this morning. We will be meeting the Home Secretary when she returns tomorrow to find out exactly what work goes on, and inquiries will continue.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - -

Taking £12.8 million from Gwent police would not be a cut; it would be an act of butchery that would grievously damage the fine work of the Gwent force, which has recently seen an increase in violent crime in the area. I think we all admire the breathtaking chutzpah of the Minister, who seeks to shift the blame to the previous Government and my right hon. Friend the Member for Delyn (Mr Hanson). Can the Minister give us a clear account, in language we all understand, of how this foul-up was made so that we can measure the ineptocracy that the Home Office has become?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

I would like to have thought that we would have a better question from the hon. Gentleman, but clearly not. I was not passing the blame to anybody; I was simply saying that I am being criticised for not doing something that did not happen in the 13 years of the previous Administration. Gwent has not lost anything; no force has lost anything. These are indicative figures. We need to make sure that we get the figures right as we go forward.

Psychoactive Substances Bill [Lords]

Paul Flynn Excerpts
Monday 19th October 2015

(8 years, 7 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

So, the answer to my question was no, and the hon. Lady has not been to the Republic of Ireland and has not spoken to the scientists, but she has a piece of paper in front of her that says that we are all wrong and that she is right. On this point, as usual, I am afraid that she is wrong. At the end of the day, what are we sent to this House to do? It is to protect people, and that is what we will do this evening.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - -

Can the Minister tell us the effect of the ban on khat? The reports are that its use continues, but it has gone underground and become more expensive. Or what about the ban on mephedrone? There was a report that in my area after the ban its use increased by 300%. How many bans reduce drug harm and use?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

I am sure that many individuals in this House could pick on individual substances that have gone underground, making the situation worse, but the vast majority of products that were sold to people who thought they were safe are no longer being sold. That has happened in Ireland and in other countries. I had the New Zealand Minister with me only the other day to look at exactly what we are trying to do. The legislation has been campaigned for over a considerable period and we are taking action, which I would have thought is exactly what we should be doing.

As I have said, I will table amendments in Committee. We listened carefully to the work done by our noble friends in the other place and we will have to make quite a few consequential amendments to frame the amendment they made in the Bill. We are also considering whether there are areas in which we should ban possession.

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Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I am grateful to the Minister for that assurance. If the ban pushes supply away from the high street and increases online sales, there will be a need for resources and to look at how technology and international co-operation can disrupt supply and delivery routes. Is the National Crime Agency going to take the lead on online sellers? Does the Minister have the information to hand? Perhaps he could inform us of the plans when he winds up the debate.

Paul Flynn Portrait Paul Flynn
- Hansard - -

The European Monitoring Centre for Drugs and Drug Addiction in Lisbon has reported that the lifetime use of these substances in Ireland before the ban was 16%, but that four years after the ban it had increased to 22%. Is it not true that almost every drug ban has resulted in an increase in usage?

Lyn Brown Portrait Lyn Brown
- Hansard - - - Excerpts

I have only been in this job for two weeks, but if I had been in it for a bit longer and the Public Bill Committee was not next week, I would have nipped over to Ireland to find out. My information is that the ban has closed down the head shops. The second piece of information from Ireland is that the number of people going to hospital with the effects of psychoactive drugs has also declined. I have managed to glean those two pieces of information from Ireland. I promise that I will do more research on Ireland before the Committee next week. Even if I am not allowed to go across to Ireland—can I go?—I will certainly have a look at that. [Interruption.]

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Steve Brine Portrait Steve Brine (Winchester) (Con)
- Hansard - - - Excerpts

It is a pleasure to follow the shadow Minister. I very much enjoyed her subtly constructive contribution to the debate. I am sure that the Committee will be great fun.

There were many good things about the Conservative manifesto on which Government Members were elected in May. The inclusion of a commitment to

“create a blanket ban on all new psychoactive substances”

was very welcome to my constituents in Winchester.

Like many Members who are here tonight, I have spoken about this subject many times since entering the House in 2010. There have been numerous debates in this Chamber and Westminster Hall, and it has been raised frequently in Home Office questions and Prime Minister’s questions. As a Back Bencher in the last Parliament and, in its final year, as Parliamentary Private Secretary to the excellent Minister who opened the debate from the Dispatch Box, this has been something of a mission for me. I must say at the outset that I will support the Bill tonight. I thank the Minister for the way in which he laid it out for us.

As I have said many times, new psychoactive substances, or legal highs as they are commonly known, are often not legal and do not always get people high. Why do I say that? Very often they land people under arrest because they are not legal and, in too many tragic cases, they do not get people high but cost them their lives.

NPSs are notoriously difficult to identify. Currently, they have to be regulated on a substance-by-substance or group-by-group basis because of their diversity and the speed with which they are developed to replace drugs that are controlled under the Misuse of Drugs Act 1971. Many NPSs are legal because they have not yet been assessed for their harm and considered for control under the 1971 Act. That is not because they are inherently safe for human use—far from it.

That is the cruellest danger of the legal highs that I have seen. So often, they are sold as harmless fun at high-street head shops or at the festivals that I happily frequent every summer. As the Parliament of this country, we have a grave responsibility to protect our children from this menace. As things stand, we are simply not doing that.

Mephedrone is probably the best example of a legal high that was just that until people died and we acted. It appeared in 2008-09 and quickly gained a lot of media attention due to its tragic death toll. It became a class B drug in April 2010 and has declined significantly in popularity since.

Ketamine is another example of a “party drug” that, although originally a class C drug, has left lives ruined or worse in its wake. For those who are listening to this debate, whether outside the House or inside it, I will be blunt. Ketamine is a powerful general anaesthetic that stops one feeling pain. It is used for operations on humans and animals. If you’re lucky, the effects do not last that long. Until those effects wear off, ketamine can cause a loss of feeling in the body, paralysis of the muscles, confusion, agitation, panic attacks, and impairment of the short and long-term memory. Frequent use is sometimes associated with the development of severe depression. Again we acted, and in June 2014 ketamine changed from a class C to a class B drug.

Sadly, that was not soon enough for 18-year-old Ellie Rowe, who collapsed at a festival in my constituency in August 2013 after taking the drug. Ellie was a dedicated Army cadet, and she obtained the Duke of Edinburgh gold award a few months before her death. She had everything to live for, but for £40 her life was gone. That paltry sum got her and her best friend two grams of the drug which, according to the inquest that followed, she inhaled after drinking several cans of lager and suffered a fatal cardiac arrest as a result.

Speaking after the verdict, her dad said:

“I always imagined if any harm came to Ellie it would be on a bungee jump or canoeing down a fierce river or in an accident on a mountain—but nothing like this. She was so sensible. It’s an absolute tragedy for our family. It was one act of stupidity that has destroyed a family.”

Ellie’s mum was at the festival in Winchester this summer and last summer—the summer after her daughter died there—warning young people about the dangers they face from these drugs. I spoke to Ellie’s mum, Wendy, this morning, and it was not an easy conversation. She gave me permission to use her daughter’s tragic case in today’s debate, for which I thank her. Her message was this: yes, ban these substances, especially if it reduces demand, but please do not think that the law is the start and the end of the matter—I suspect that other Members will raise that point tonight. Of course we do not think that, and as the Minister said in his opening remarks, we must be careful about criminalising young people for silly mistakes. A criminal record can also ruin lives, and education about the dangers of these drugs—legally as much as physically—must not stop if this Bill receives Royal Assent.

Wendy’s final point when we spoke this morning was telling. She said that we should help young people to broaden their horizons and expand their consciousness without the aid of mind-altering drugs. Perhaps our education system in this country is not making room for our young people to be creative enough—possibly that is too deep for this time on a Monday night, but my point remains.

I am reminded of the opening lines from that seminal track, “Loaded”, by Primal Scream—a band that I am sure you are very familiar with, Madam Deputy Speaker. It is taken from the classic 1960s film “The Wild Angels” starring Peter Fonda. The question posed at the start of the song is:

“Just what is it that you want to do?”

Heavenly Blues, played by Peter Fonda, replies:

“We wanna be free

We wanna be free to do what we wanna do

And we wanna get loaded

And we wanna have a good time”.

It is a great song.

That may be the first time that Primal Scream has been quoted in this House, but there is a serious point. The music industry and the popular culture industry have a responsibility, and we as a society must dig deep into why young people in our country today want to alter their state of mind and get so “loaded” or “wasted”—there are many other words—as part of what should be a fun night out.

In preparing my remarks for this debate, I acknowledge the contribution of Hampshire constabulary, Dr Ruth Milton, our director of public health in Hampshire, and Jack Briggs of drug and alcohol specialists Baseline Training, which is based my constituency. The picture they give of NPS prevalence in Hampshire is consistent and deeply worrying. An intelligence overview produced by Hampshire constabulary in March this year found that across Hampshire and the Isle of Wight there were at least 16 NPS retailers—head shops—with the number growing all the time. Analysis by the constabulary suggests that NPS use is more common in areas surrounding head shops, and that in turn leads to more shops opening to meet the demand.

Winchester has its store on Stockbridge Road, which is passed by hundreds of school and college students every day. It is even neatly placed right by the city railway station. I have been inundated with complaints about that shop from constituents, and I was pleased to give them our manifesto commitment—which we are debating today—in response.

An intelligence report to the Hampshire and Isle of Wight drug strategy group in April this year reported that NPSs remain in “prolific common use”, with vulnerable people such as those with alcohol addiction, mental health issues and homelessness being susceptible to targeting by NPS dealers.

The reference to homeless people in the city of Winchester and long-term drug users being targeted to move on to NPSs certainly struck a chord with me. Trinity Winchester is a charity in my constituency which addresses the effects of homelessness and vulnerability through specialist practical help and support. Sue and Michelle from Trinity confirmed to me, ahead of today’s debate, the stark increase they have seen in clients under the effect of NPS. Equally, Winchester’s night shelter sees the effects of NPSs on a daily basis in its work.

The harm NPSs are causing and the complexity they are adding to already stretched public services is of grave concern to me as a constituency MP. This is supported by anecdotal reports from Winchester’s mental health team, which reports considerable problems as a result of NPS use. They speak of some withdrawal symptoms which appear to mimic mental illness, settling down once the NPSs have left their system. The mental health team reports that NPSs have been noticed locally as having a significant impact on severity, longevity and intensity of psychosis. They also cause problems with finding the right treatment for a patient, hence the case complexity. As Sue from Trinity said to me just this morning:

“We exist to help people with work and housing problems. We cannot begin with them if they are presenting to us spaced out or worse.”

Before concluding, I want to touch on prisons. In the previous Parliament, I was fortunate enough to serve on the Justice Committee, which gave me a wide insight into prisons and the challenges they increasingly face with NPSs. It is true that problems in the wider community sooner or later become problems in the secure estate. Whether we like to admit it or not, prisons are merely a reflection of our society. According to an excellent briefing sent to me by the Rehabilitation for Addicted Prisoners Trust, NPS use has quickly become widespread among prisoners. The 2015 annual report from the National Offender Management Service affirmed that increased NPS use among prisoners is generating high levels of debt, intimidation and violence between prisoners, and is likely to be the main catalyst for the recent rise in attacks on prison staff.

Reports given to me by HMP-YOI Winchester confirm the use of legal highs inside its walls is now widespread. Winchester now has trained drugs dogs, but there are a variety of compounds used in NPSs, so if the core compound is not the same as the dog has been trained for, it simply misses the substance. It seems the new currency inside our prisons is not tobacco or cannabis, but the NPS known as Spice. It is a lethal substance existing under the brand names Herbal Haze, Damnation and Space Cadet. The governor told me that on one day last month there were three ambulances in the prison yard, after three prisoners had taken Spice.

Paul Flynn Portrait Paul Flynn
- Hansard - -

How will the Bill reduce the prevalence of Spice in prisons, when all illegal drugs are freely available in all our prisons?

Steve Brine Portrait Steve Brine
- Hansard - - - Excerpts

I have already talked, in exchanges with those on the Front Bench, about amendments I would like to see tabled in Committee on the possession of legal highs in the secure state. The Minister gave a very strong response. I dare say the hon. Gentleman will have his chance to make his remarks later on.

This trend in our prisons is worrying on many levels, but it is another reason why we need a social revolution in this country about how we use prisons. As the governor of Winchester prison said to me, today’s debate is not just about making NPSs illegal; it is about looking at the effects that that will have on the prison economy and behaviours. He said:

“Prisoners will always want to use illegal substances whether they be a class A or B drugs or NPS. There has to be more done to support for those who want to kick the habit. Our services are being stretched. The punishments for those caught with NPS or any other drug have to be substantial. However, the trick is to ensure that this does not then incentivise more bullying and coercion. A total ban will clarify the position, but cannot be done in isolation in my view. There needs to be a range of things available to support vulnerable prisoners who have a drug habit.”

I could not put it better myself, which is why I quote the governor.

I want to place on the record how pleased I was to see noble Lords in the other place amend the Bill on Report to ensure the supply of a substance banned under the Act in prison would be an aggravated offence under section 5. I believe we need to go further, and that has already been covered with the Minister.

It is important to note that tackling this menace is not all about waiting for this Parliament to act, important as that is. Just last week, the police and crime commissioner for Hampshire, Simon Hayes, launched his Lethal Highs campaign to raise awareness among young people of the dangers of NPSs. The advertising campaign that supports it does not pull its punches and that is welcome by me. Equally, Hampshire’s public health response is built around reducing demand, restricting supply and the use of Trading Standards. Hampshire is working with Catch22, training professionals in education, social care and health to better support their efforts, and Hampshire Trading Standards has been active in pursuing a change in the legislation—I believe it supports the Bill. Using the existing law, however, Trading Standards has been unable to secure a prosecution for the sale of NPSs. Instead, it focuses on supporting the police down the route of antisocial behaviour legislation where the problem is associated in the area of a particular retailer.

It does not take a genius to work out that this is fiddling while Rome burns. It is all good work, but we are tying hands behind backs without the Bill. Its critics, from whom I dare say we will hear tonight, have argued that the market will continue as before, through internet sales, and be driven underground into criminal hands. I am not sure I entirely agree. The expert panel reported that the main drivers of NPS consumption were, one, legality; two, availability; three, potency; and four, price. Often, these substances are highly intoxicating but give relatively little pleasure, so it is reasonable to argue that people will be much less likely to seek them once their legal status has changed.

In conclusion, by creating a blanket ban on the production, distribution, sale and supply of psychoactive substances in the UK, we will change the rules of the game hugely in favour of the police and other agencies working to keep our constituents safe. For that reason, I am happy to support the Bill on Second Reading.

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Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - -

I had the distressing experience of hearing the evidence to the Home Affairs Committee, particularly that of the mother who founded the Angelus Foundation, and heard the terrible experience she had with a young, beautiful, ambitious, gifted daughter whose life was taken away from her by the use of a legal high. Quite rightly, we all empathise with that. We all want to stop that. We all want to reduce the harm caused by drugs, but we should stop falling into this lazy thinking that leads us to believe that a ban on drugs means a reduction in use and a reduction in harm.

We are sent here to legislate and the least we can do is to avoid doing harm. Drug legislation for the past 45 years in this country has done more harm than good. At the time of the 1971 Act there was hardly any cannabis use in Britain. There were 1,000 cocaine and heroin addicts. After 44 years of the strictest prohibition in Europe, there are now 320,000 addicts. Recently we banned mephedrone. Everyone agreed with that. Very few voices were raised in the House against the ban. The assumption, which was naive and evidence-free, was that if we banned mephedrone, harm would go down. It did not; it went from 16% use in the population to 42%. We know what happened in Ireland. Use and harm have increased, rather than being reduced.

It is a widely believed myth in this country that bans work. But prohibition does not work. Look at the prisons. In a recent parliamentary question I asked how many prisons in this country are drug-free. They have walls around them, they have guards, they have rules, they have searches, but how many are drug-free? The answer that I received was that 81 prisons were drug-free for a month last year. Next question: how many prisons were drug-free for a year? The answer that came back was that one prison had reported no drug use last year. How many prisoners were in that prison? The answer came back: none, because it was closed down. That is the defensive attitude of Government. They had solved the problem of drug use in prison not by taking the drugs out of the prison, but by taking the prisoners out of prison. It is the kind of self-deception that goes on in Governments of all parties.

I attended a debate here once when the Opposition spokesman and the Minister had to leave the Chamber during a three-hour debate because they needed a fix. They were both addicts to tobacco, and they could not see the contradiction between their own addition to a deadly killer drug and the way they were restricting the use of drugs by young people.

The Bill is impossible. There is no way of tackling the issue sensibly. There is an almost infinite number of combinations of chemicals in the drugs that are being produced. The chemistry is ferociously complicated. It can never be proved in vitro that a drug is psychoactive. The test tube shows no emotion. The drug can be tested only on human beings, which is impossible. The challenge throughout the world is one that cannot be solved sensibly and legally by testing for the drug and proving that it is psychoactive.

So what do we do? Well, we are politicians. Dogs bark, babies cry, and politicians legislate. When we cannot think of anything sensible or intelligent to do, we pass a Bill. People will feel good as they think, “We did something about that. We passed a Bill.” This Bill, like most of the other Bills that have gone through this place introducing bans, will probably do more harm than good. There will be more tragedies as a result of this, not fewer. Khat was banned. The idea was that the authorities were going to get rid of khat, but of course they have not got rid of it. Instead, they have pushed a wedge between the Somali and Yemeni communities and the police. They have driven a legal market into being an illegal market. The price has gone up sky high, and the criminals who are now running it are making bigger profits. That has been the story throughout the world.

I ask Members to consider the possibility that they are wrong, and that all parties have been wrong on our drug laws for 45 years. The best thing we can do is to throw out this piece of legislative garbage that disgraces the House and will be treated with derision by future generations.

Cannabis

Paul Flynn Excerpts
Monday 12th October 2015

(8 years, 7 months ago)

Westminster Hall
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Nigel Evans Portrait Mr Nigel Evans (in the Chair)
- Hansard - - - Excerpts

Mr Speaker has agreed that, for this debate, members of the public can use handheld electronic devices in the Public Gallery, provided that such devices are silent. I am sure, however, that people will be so gripped by the debate that they will not be distracted at all by their handheld devices. Photos must not be taken.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - -

I beg to move,

That this House has considered an e-petition relating to making the production, sale and use of cannabis legal.

I am grateful for the opportunity to speak under your chairmanship, Mr Evans, because you have played a distinguished part in debates on this issue—indeed, I might well quote some of the things you have said. One time, you complained that cannabis contained several hundred compounds, and the New Scientist wondered whether you knew how many compounds were in the cabbage you had had for your supper that night.

Before we start, I would like to illustrate how this Government—like all Governments—have handled this issue. It is typified by the response we had to this thunderously eloquent petition, which has been signed by 220,000 people. The response was trite: it could have been written 20 years ago. It does not reflect our current knowledge and experience, the great work that has been done, particularly in the last 20 years, or the serious case that has been made for decriminalising cannabis.

Let me start with a recent revelation about how the Government’s mind works. I put down a parliamentary question that could have been answered with one word. I asked how many prisons were free of illegal drug use; the answer that came back was that, for a month last year, 81 were. That was not the answer I was expecting, so I put down another question, asking how many prisons were free of illegal drug use for a year. The answer that came back was that one prison, Blantyre House, reported no drug use for a year. My next question was how many prisoners there were in Blantyre House, and the answer was none, because it had been closed down. The Government, in their secretive, defensive way, which denies the information, discovered that the answer to the drugs problem in prisons was to get rid not of the drugs, but of the prisoners—it is simple, really.

I am afraid that, since the decisions taken in the 1970s, Governments have been denying the truth that is before them: the attempt to reduce drugs in prisons has been a continuing, abject failure. They will not face up to that; they are in denial. The case I want to put today is that that failure has been going on for about 45 years. In the 1960s, the United Nations decided it would eliminate all illegal drug use throughout the planet in a decade. Many countries introduced laws. We introduced the Misuse of Drugs Act 1971, which was supported by all parties and by two Governments—there was a change of Government. The Act was going to be the answer; it was going to eliminate all drug use.

We have introduced the harshest punishments in all Europe, with the result that, although there were fewer than 1,000 heroin and cocaine addicts in 1971, there are now 320,000, and cannabis use has increased exponentially. It is amazing that, throughout that period—this argument has been going on for a long time—Governments have said, “We have tried a tough policy, but it has not worked, so we will try a tougher policy.” When that does not work, we get a different tough policy. No Government have had the sense to introduce a policy that could be described as intelligent. We urge the Government to consider that today.

The Government response begins with the statement that “cannabis is…harmful”. We want to legalise it because it is harmful—of course it is; we do not want to legalise it because it is safe. We need to replace the current system in Britain, where we have the worst of all worlds, spending billions each year trying to restrict the use of drugs. We jail more people as a proportion of the population than anywhere else on the planet, except the United States. We end up with all the problems that emanate from the abuse of drugs, but we gain none of the medical advantages that we would have if we liberated people so that they could use their medicine of choice.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
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My constituent Bernadette McCreadie suffers from Crohn’s disease and psoriatic arthritis, and she is allergic to most of the pharmaceutical medicines that are prescribed —in fact, they have given her ulcers. She has found effective pain relief only through cannabis. Does the hon. Gentleman feel that the ban on the use of cannabis in non-medicinal ways has led to a failure to allow people such as Bernadette to use a drug they find essential to their wellbeing? Sadly, the current situation sees her forced into the company of illegal drug dealers.

Paul Flynn Portrait Paul Flynn
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I am grateful to the hon. Gentleman. I have a host of stories going back to the ’80s and early ’90s, when we first had demonstrations in support of medicinal cannabis. It is a sad story. I have looked into the eyes of so many people who have said, “This is the only thing that gives me relief. Why on earth can’t I take it?”.

Cannabis is the oldest medicine in the world. It has been trialled and tested by tens of millions of people over 5,000 years. If there were any problems with natural cannabis, that would have been apparent a long time ago. However, all we have is this wall of denial by Governments who are afraid of the subject, afraid of becoming unpopular and afraid of it being said that they are going to pot.

I am not unrealistic, and I do not expect the Government to make a volte-face on recreational cannabis, but they should explain their position and realise what is going on. However, the case for medical cannabis, including in its natural form, is overwhelming. We can have it in Sativex, but there are problems with the drug, which is of limited value. The National Institute for Health and Care Excellence does not like it, because the cost is very high.

Medical cannabis can now be used in 23 states in America. The best form is one produced in the Netherlands, which can be used in about a dozen countries in Europe. A change has to come. It is barbaric to deny people their medicine of choice. There can be no justification for doing that.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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I congratulate the hon. Gentleman on securing this important debate. Does he agree that the biggest scandal is that this Government, like successive Governments, have set their face against the evidence? If we look at an evidence-based approach, there is absolutely no correlation between a drug’s legal status and the amount it gets used. In other words, prohibition simply does not work.

Paul Flynn Portrait Paul Flynn
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I am grateful for the hon. Lady’s intervention. We look at the United States with incredulity because it does not accept the evidence on gun possession. We can all see the evidence; it has been shown over and over again that the more guns there are in society, the more deaths and murders take place. However, the United States will not accept that. We are in a similar state of denial on cannabis. Many places in the world now recognise that prohibition has been a continuing disaster—a disaster more serious than the prohibition of alcohol in the United States—yet we refuse to recognise the fact.

George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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I congratulate my hon. Friend on securing the debate. Does he accept that his analogy with gun control in America proves exactly the opposite point? The problem with guns in America is that there are too many of them and they are too easy to get, so I am not sure the analogy supports his argument in the way he used it.

Paul Flynn Portrait Paul Flynn
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The analogy is with the fact that we deny evidence. We do not look at evidence. As I illustrated, the evidence is that controlling drugs in prison has failed. The Government went to the idiotic palaver of requiring three questions to be asked before they admitted that there is not a prison in Britain free of illegal drug use. The point is about that defensive attitude and the denial of information.

I believe the word is spreading throughout the planet now. In the United States, which was the worst of the lot and the most in denial, four states are now selling cannabis recreationally. Has the sky fallen? Has it been a disaster? It has been a great success. In 2000, we saw politicians of great courage in Portugal introduce a depenalisation scheme. It was unpopular with other politicians, the press and the public, but they went ahead and it has turned out to be a brilliant success in every way. They cut down the number of deaths within five years. They have invested more money in health systems and support systems, and the scheme was widely praised by our own Health Committee when it went to Portugal. It also went to Colombia, and its report in 2012 asked for an investigation into drugs. It based its conclusions, after a year of investigations, on the success of Portugal, but do we talk about that? Are we going to follow suit? We do not have to take the courageous step now; Portugal has done it for us. It has done the work, which has been hugely beneficial.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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The hon. Gentleman will be aware that we have many particular problems in Northern Ireland due to paramilitary activity. Paramilitaries in Northern Ireland have made a fortune out of the misery of others by selling illegal drugs, including cannabis. Has he had a chance to calculate what the impact on the activities of paramilitaries in Northern Ireland would be if cannabis were legalised?

Paul Flynn Portrait Paul Flynn
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I have not been to Northern Ireland to discuss this, but I went to the Oireachtas a number of years ago following a report on this issue; there were terrible problems with the criminal market in Dublin, as the hon. Lady will know.

What we are against is the fact that we have a substance of great popularity, used by millions of people, but the market for it is controlled by irresponsible criminals with little regard for the results for customers. They do not pay taxes. We have an empire of criminals building up throughout the world, exploiting their customers. The sensible way forward is to replace that market with one that is run by the state, has strong controls and does as much as it can to keep drugs out of the hands of vulnerable people, including those with mental health problems, the young, pregnant women and so on. No one is asking for free-for-all drug use; we are asking for an intelligent system that can be run and controlled.

It is ludicrous that these drugs should be known as “controlled” drugs when they are totally out of control. I have had constituents come to me and say, “Well, I thought it was legalised anyway.” The police are now very reluctant to arrest for these minor offences. It is many years since a case of someone using cannabis medicinally has been taken to court, because the juries are refusing to convict and it is a waste of everyone’s time, but that is still the law—the law supported by those who are against legalisation here.

If we can take the control of the drugs trade out of the hands of criminals, it will be an all-round improvement. That is what is happening elsewhere in the world. I mentioned the United States, but it is also going on throughout south America. A number of groups have come here recently from Mexico, Honduras and Bolivia to talk with the all-party groups about their revulsion at the drugs state and the terrible effect it has had on their countries. They were the producers, but the problems were in downtown Chicago; the consumers were on the other side. The most serious problems of drug trafficking and warfare involved people in south America.

One major benefit for countries—particularly Mexico—that border the United States, where they have seen the control of drugs taken into the hands of the state, is that there is less trafficking. Fewer drugs are going across the border, which will be a benefit.

Rupa Huq Portrait Dr Rupa Huq (Ealing Central and Acton) (Lab)
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My hon. Friend describes some quite exotic places, but I want to give an example from the Recovery Interventions Service Ealing, a drug and alcohol support service in my constituency. RISE put the point to me that these things are often about working smarter, not harder. It might be about not necessarily being punitive, but looking at joined-up thinking with other agencies. RISE has a joint working initiative with the West London Mental Health Trust to reduce harm, because it reports that the strength of some varieties of this drug—particularly skunk—is higher than it was 10 or 20 years ago. It has joint risk assessments, wrap-around treatment, and database and information sharing with other agencies. Does my hon. Friend agree that that is a good way forward?

Paul Flynn Portrait Paul Flynn
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A great deal of good work has been done by the agencies and those who work in this area. The previous MP who ran the all-party group on drug misuse in this country pointed out that there is an establishment of people who are involved and have a vested interest in drug prohibition. He went every year to a group who were helping people with drug problems, but he noticed in his 15 years in Parliament that there were more people coming every year.

Great work is being done, and it will always need to be done to rehabilitate people who are afflicted by drug addiction. One accepts that, but what has taken place in this country and throughout the world in the past 45 years of prohibition is hugely increased drug use. It is going down now, because of the matter to which the Chair referred at the beginning of the sitting: young people are obsessed with the new addiction of playing with their iPhones and iPads. They do not have time to roll a reefer. That is the new addiction, and it has a beneficial effect. That is the fashion throughout the world, and it probably does not do them much harm. The Home Office has admitted that there is no correlation between harsh punishment, harsh penalties and the use of drugs. It is entirely to do with fashion and what young people regard as acceptable and what they regard as naff.

We imagine that we can control what is going on, but we cannot. The whole process is out of control. Holland has given us a fine example over the past 40 years by de-penalising cannabis use. Now and for nearly all that period, cannabis use in Holland has been far less than here in the United Kingdom. There is a good reason for that: people in Holland can go to any coffee shop and have a cannabis cake with their grandmother. Where is the fun in that? They have taken away the allure of forbidden fruit.

In America, groups of young former hippies were sent out to the sticks to deter drug use. At that time, drug use was rampant in cities, but not in rural areas, so these attractive, long-haired hippies went there with guitars and said, “We’ve been subject to degradation. We’ve been through hell. We’ve been through sexual orgies. It was terrible. For goodness sake, don’t do drugs.” Their message was: “Drugs are dangerous. They will upset your parents and destroy your health”—rather forgetting that young people all know that they are immortal. Danger is an attraction, as is upsetting their parents and establishing their own identity, and drug use followed the drug education programme as surely as night follows day. This futile experiment, lasting 45 years, should now come to an end.

Let me give just one example of what has happened. People in America suggested that if cannabis were decriminalised for recreational purposes, there would be all kinds of consequences, but in Colorado and Washington, decriminalisation of recreational drugs took place a year ago, and the disasters have not occurred. The evidence shows no spike in cannabis use among young people and no increase in road fatalities. What there has been, of course, is a large reduction in the criminal market because the state now runs 60% of the market. In Colorado, they are nearing control. If the state government decides that problems are emerging, they can change things, because they pull the levers. They can decide what happens, instead of allowing criminals to use their drugs freely and sell them irresponsibly to build up their criminal networks, as happens in Northern Ireland, or to sell them to people whose mental health is fragile.

Lady Hermon Portrait Lady Hermon
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I am grateful to the hon. Gentleman for prompting me to get to my feet again by mentioning Northern Ireland; it is so kind of him. In response to my first intervention, he referred to his first trip to Dublin, but not to Northern Ireland. As he knows, cannabis is still illegal in the Republic of Ireland. Will he give some attention to the thought that, although cannabis remains illegal in the Republic of Ireland, we have a very porous border, and it is easy to move into Northern Ireland and therefore into the rest of the UK? What does he believe the impact would be of changing the status of cannabis in the UK but not in the Republic of Ireland?

Paul Flynn Portrait Paul Flynn
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Similar concerns were expressed about the Netherlands and other countries when the laws were changed. It was said that there would be drug tourism and that people would flock across, and there have been examples of that, but one hopes that the world will gradually come to its senses, through a gradual process—it is happening now—and that laws can be synchronous and work in that way, as happens in many other areas. My trip to the Oireachtas happened because I was writing a report for the Council of Europe at the time. I was representing the United Kingdom, rather than my own opinions on the matter. What we saw in Dublin with regard to criminality was horrendous. It was very much a replay of what happened in the ’20s in America, and we have yet to learn that lesson.

One of the interventions reminded me of our attitude in this place. We have been talking about this for many years, and I prize the memory of one debate in which the Opposition spokesman and the Minister in charge had to leave. They could not stay for the full period because they needed to go outside the Chamber for a fix—they were both tobacco addicts. They did not see any contradiction in denouncing the use of an addictive drug in the Chamber, for young people, while they were themselves addicted to another drug.

I will not mention any names, but I recall another Conservative MP saying to me, “I just can’t understand it. I went to a prison and my constituent told me he wanted to get hold of some paracetamol for his toothache. He was told, ‘You can’t get that until you go and see the doctor tomorrow morning. You might be supplied with it then.’” The MP’s constituent made this point: “I can go out of this cell now and within 10 minutes, I can get heroin, cocaine”—Mr Evans, you might recall this story—“and cannabis as well”, because they were freely available. Can we persuade the Government to face up to the abject failure that has occurred over this long period?

I have spoken for longer than I intended, and I know that there are many other Members here with a long history in this subject who want to speak. I particularly welcome the hon. Member for Brighton, Pavilion (Caroline Lucas), for the Green party, and the Liberal Democrat Members who—I read in my copy of The Guardian this morning—are going to take up this issue in a more serious way. No party in this House has contributed more to this subject and the cause of reform than the Liberal Democrats. It is sad to see that a number of them lost out in the last election, particularly the former Member for Cambridge and the former Member for Lewes. Those people have perhaps been punished by the press and possibly the public for having been caught in possession of an intelligent idea, but they deserve credit from this House. I look forward to hearing what Members have to say.

I shall conclude my remarks with a story about a person called Elizabeth Brice, who campaigned under the name of Clare Hodges. Sadly, she died in 2011. Elizabeth Brice led protest after protest here, and she single-handedly convinced the Belgian Government in 1998 to change their law on medicinal cannabis. She was an extremely gifted woman; she was a producer for a television company and a classicist. Among her more bizarre achievements, she was translating the Noddy books into Latin, of which I have a prized copy. I mention her story, although I am grateful to all the people who have written to me recently—there is no way that I can do justice to the number of letters and submissions I have received.

Elizabeth wrote:

“Multiple Sclerosis is a cruel disease. You develop it when you’re young and healthy, and slowly but surely you lose all your faculties, abilities and functions. Nowadays you can expect to live your full life span often until you are completely dependent. And of course this is a very depressing prospect…all the future seemed to hold was deteriorating health and no medicines that really helped.

When I did try cannabis, the physical relief was almost immediate. The tension in my spine and bladder was eased, and I slept well. I was comfortable with my body for the first time in years. But, just as important, I felt happy that there was something, after all, that could help me. It was as if a huge weight had been lifted from me.”

She stated:

“Cannabis helps my body relax. I function and move much easier. The physical effects are very clear. It is not just a vague feeling of well-being.”

On one of her visits to the House of Commons, she committed a serious crime. Out on the Terrace, she asked for a cup of hot water, to which she added a green substance—I am sure that the staff were curious about what those green specks were in the cup afterwards. She had taken herbal cannabis in the House of Commons. The law at the moment says that she could be put in prison for five years, for the crime of seeking relief from pain. Does anyone believe that that law is sensible? That law is an ass. For so long, this House has been held back from full-scale reform by the timidity of Members of Parliament, because of a reluctance to reform for fear of being attacked by the media and losing votes. Now is the time for compassion and courage.

[Interruption.]

Nigel Evans Portrait Mr Nigel Evans (in the Chair)
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Order. No applause, please.

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Lord Lilley Portrait Mr Lilley
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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.

Paul Flynn Portrait Paul Flynn
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Does the right hon. Gentleman recall that the former chairman of the Advisory Council on the Misuse of Drugs, Dr Nutt, made this assessment? I shall repeat what he said, to try to put the issue in perspective: we would need to stop 5,000 people taking cannabis to stop one possible case of psychosis. Although one in 5,000 is a tiny number, it is not a matter that one can ignore altogether, but it certainly should not be exaggerated, either.

Lord Lilley Portrait Mr Lilley
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Yes, I think the hon. Gentleman puts the issue in perspective with that remark. There is evidence that cannabis may precipitate psychosis in those prone to it anyway, and they should certainly be discouraged from using it, as I would discourage everyone from using it, but it is better that it be available and regulated than illegally supplied but readily available in any case, and with a high level of usage in this country.

Another argument that people invoke is, “Cannabis nowadays is different from what it was in your youth, Mr Lilley.” Since I did not take it in my youth, that does not make a great deal of difference, but people say that it is now available in much stronger and more potent forms. Of course, that is partly a symptom of illegality. In the same way, during prohibition people moved from beer to spirits, because the more concentrated alcohol was, the easier it was to transport and supply, while escaping the authorities.

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Dan Poulter Portrait Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
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It is a pleasure to serve under your chairmanship, Mr Evans. I commend the hon. Member for Newport West (Paul Flynn) on bringing the debate to the House and on this grown-up, sensible discussion about a topic that is often taboo and should not be because it affects the lives of many of our constituents.

A number of issues have been covered, including the criminal justice system, which I will come back to. I will pick up on a couple of points made articulately by the hon. Member for Caithness, Sutherland and Easter Ross (Dr Monaghan) on the medicinal uses of cannabis. There are some issues with the current law that need to be looked at, which perhaps make the medicinal use and the research of medicinal use more challenging. I also want to touch on some medical evidence. My right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) made some compelling points during his eloquent speech for the legalisation of cannabis. I am not, unfortunately, able to support him and I hope that my discussion of some of the medical background will help to explain why.

I have picked many of my remarks from a balanced review by the Royal College of Psychiatrists, which I hope we all consider to be well-resourced and an appropriate source of material for balancing the medical evidence on the use of cannabis as it looks at not only mental health, but physical health. Most of my remarks will be based on the evidence that it has collated. The college does not have a view on the legal position but, none the less, it wants people to look at the evidence and make up their minds. I will give my view, having reviewed some of that evidence.

Although there has been a steady reduction in the use of cannabis since 1996, about 2.3 million of those aged 16 to 59 have reported using cannabis in the past year. Frequent use of cannabis is more than twice as likely among young people. In spite of many Government and media warnings about health risks, many people see cannabis as a harmless substance that helps people to relax and chill—a drug that, unlike alcohol and cigarettes, might even be good for their physical and mental health. I will come to the point that that is clearly not the case.

It is worth quoting directly from the Royal College of Psychiatrists about how cannabis and cannabis plants have evolved over the past few years. My right hon. Friend the Member for Hitchin and Harpenden said that drug use is very different from when he was at university. That may well be the case, but the evolution of cannabis and the increasing frequency of high-potency cannabis—skunk, as a number of types of stronger cannabis in general are often referred to—has changed some of the health risks associated with cannabis use. As the Royal College of Psychiatrists says,

“Over the last 15 years, skunk has invaded the street market and its THC content is about 2-3 times higher than the ‘traditional’ cannabis used in earlier years.”

I will come to THC content and the different chemical components of cannabis, but the royal college continues:

“In the UK, most sold materials is home grown because of a loop hole in the law making it legal to buy seeds over the internet.”

I have some sympathy with the points raised by my right hon. Friend the Member for Hitchin and Harpenden: there are some challenges in the law and, de facto, we effectively have decriminalisation of cannabis in many areas of the country. I would be interested to hear the Minister’s views on that. Does he see a clear distinction between legalising a drug that we know to be harmful and a more decriminalising approach with police discretion, as we have at the moment? I believe the approach we have at the moment is probably the right one, given some of the harmful effects that I will speak about.

Paul Flynn Portrait Paul Flynn
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Will not the hon. Gentleman respond to what was said by his right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley): skunk—that expression is only used in this country because there are different strengths of THC—is a product of prohibition just as distilled spirit, the main killer drug, was in America? Does he agree that if we end prohibition and have a legal market, people will get to use the cannabis of their choice—not necessarily the one that the illegal market wants them to take?

Dan Poulter Portrait Dr Poulter
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I do not necessarily accept the view that stronger or different forms of cannabis are developed as a result of prohibition. Take Holland as an example: different varieties of cannabis are available in various cannabis coffee shops in Amsterdam. People there have an opportunity to decide which potency and strength they use. I do not necessarily accept that prohibition has driven a market towards creating stronger varieties of cannabis. We know that stronger types of cannabis, such as skunk, have a stronger correlation with psychosis and some of the harmful mental health effects that are linked with the use of cannabis and the chemicals it contains.

On that subject, there are about 400 chemicals in an average cannabis plant. The four main compounds are delta-9-tetrahydrocannabinol, cannabidiol, delta-8-tetrahydrocannabinol and cannabinol. Apart from CBD—cannabidiol—these compounds are psychoactive, the strongest being delta-9-tetrahydrocannabinol. The stronger varieties of the plant contain little CBD, while the delta-9-tetrahydrocannabinol content is a lot higher. We are talking about a number of psychoactive substances. The stronger plants and varieties tend to contain larger amounts of the more psychoactive components and compounds.

When cannabis is smoked, its compounds rapidly enter the bloodstream and are transported directly to the brain and other parts of the body. The feeling of being stoned or high—like my right hon. Friend the Member for Hitchin and Harpenden, I have not had the experience—is caused mainly by the delta-9-tetra- hydrocannabinol binding to a cannabinoid receptor in the brain. Most of these receptors are found in the parts of the brain that influence emotion, pleasure, memory, thought, concentration, and sensory and time perception. Cannabis compounds can also affect the eyes, ears, skin and stomach.

There are a number of effects, some of which people describe as pleasurable and some of which we know are harmful. I want to touch on the mental health problems associated with cannabis use in some detail. The Royal College of Psychiatrists has published information on the subject:

“There is growing evidence that people with serious mental illness, including depression and psychosis, are more likely to use cannabis or have used it for long periods of time in the past. Regular use of the drug has appeared to double the risk of developing a psychotic episode or long-term schizophrenia. However, does cannabis cause depression and schizophrenia”—

there is a legitimate discussion about reverse causality—

“or do people with these disorders use it as a medication?

Over the past few years, research has strongly suggested that there is a clear link between early cannabis use and later mental health problems in those with a genetic vulnerability”—

my right hon. Friend made that point—

“and that there is a particular issue with the use of cannabis by adolescents.”

On depression, the Royal College of Psychiatrists says:

“A study following 1,600 Australian school-children, aged 14 to 15 for seven years, found that while children who use cannabis regularly have a significantly higher risk of depression, the opposite was not the case—children who already suffered from depression were not more likely than anyone else to use cannabis. However, adolescents who used cannabis daily were five times more likely to develop depression and anxiety in later life.”

That covers the issue of reverse causality.

I particularly want to talk about psychosis, schizophrenia and bipolar disorder. The Royal College of Psychiatrists states:

“There is now sufficient evidence to show that those who use cannabis particularly at a younger age, such as around the age of 15, have a higher than average risk of developing a psychotic illness, such as schizophrenia or bipolar disorder.

These studies also show that the risk is dose-related. In other words, the more cannabis someone used, the more likely they were to develop a psychotic illness… a study in Australia recently showed that those who used cannabis could develop the illness about 2.70 years earlier than those who did not.

Why should teenagers be particularly vulnerable to the use of cannabis? It is thought that this has something to do with brain development. The brain is still developing in the teenage years—up to the age of around 20, in fact. A massive process of ‘neural pruning’ is going on. This is rather like streamlining a tangled jumble of circuits so they can work more effectively. Any experience, or substance, that affects this process has the potential to produce long-term psychological effects.

It is also known that not everyone who uses cannabis, even at a young age, develops a psychotic illness.”

My right hon. Friend articulately raised that point. The Royal College of Psychiatrists continues:

“The available research shows that those who have a family history of a psychotic illness, or those who have certain characteristics such as schizotypal personality, or possibly have certain types of genes, may increase the risk of developing a psychotic illness following the regular use of strong cannabis.”

Research increasingly shows that there is a strong link between psychosis and the use of cannabis, with young people having a particular vulnerability and susceptibility.

On physical health problems, the Royal College of Psychiatrists says:

“Even though the main risk to physical health from cannabis is probably from the tobacco that it is often smoked with, new research has found that the cannabis plant also contains cancerogenic mutagens that can affect people’s lungs.”

We now have evidence of potential physical harm caused by smoking cannabis, and the approach taken by this House over the years has been to discourage people from smoking and using substances that harm their physical health. There is emerging evidence of the physical harm caused by smoking cannabis, so there is a strong argument that we should be consistent by discouraging people, as much as possible, from smoking cannabis. That, as my right hon. Friend has said, could be done by legalising cannabis and giving people an open choice, but when there is compelling evidence of physical harm, it would be wrong to legalise a substance that we know to damage people’s mental health and, increasingly, their physical health.

Several issues have been raised about the medical use of cannabis. Cannabis is widely used by people who attend pain clinics—such people self-administer illegally obtained cannabis for symptom relief. At the moment, it is very difficult for medical researchers to research the potential benefits of some substances contained in cannabis in alleviating pain in palliative care or in other legitimate medical settings.

The hon. Member for Caithness, Sutherland and Easter Ross eloquently discussed Sativex, a drug used to treat multiple sclerosis. The drug remains a schedule 1 controlled drug, which means that under the Misuse of Drugs Act 1971 and in regulation there are no requirements on pharmacists to keep records or on the prescriber to write prescriptions in a form other than that required by the Medicines Act 1968—in other words, for prescription-only medications.

The Medicines and Healthcare Products Regulatory Agency has also issued the manufacturer of Sativex in the UK with a wholesale dealer’s licence and an importation licence for patients with MS. The Home Office has therefore been able to issue licences for such supplies, and has done so through a general licence that covers all doctors who apply on behalf of individual MS patients. Dispensing pharmacists are also covered by that licence, which is triggered by an application by the doctor to the Home Office Inspectorate. Supplies can be made directly from the company’s domestic stocks.

There is a challenging framework for the medicinal use of cannabis in this country, and it needs to be reconsidered. It was suggested earlier that we should consider changing cannabis from a schedule 1 drug to a schedule 2 drug, which would be consistent with opioids—doctors are able to prescribe, say, methadone as an alternative for someone who is being treated for heroin dependence. That merits some consideration, and I would be grateful if the Minister responded on that point. A number of studies in the United States have shown that cannabis has potential medicinal benefits for pain relief in palliative care, so will we in this country be able to consider some of those issues? If we can help patients use pain control better to manage the symptoms of terminal or progressive diseases or illnesses, that has to be a good thing. We would not want the unintended consequences of the current legal framework to get in the way of achieving that.

This is not a simple issue. I have looked at the evidence and, on balance, I am not currently persuaded that making access to a substance that is harmful to both physical and mental health legal, as opposed to decriminalised, would be a good thing. We need to make it easier to research the potential medical benefits of cannabis in pain control in terminal and progressives illnesses. Finally, there is a lot for us to do in the criminal justice system. There were encouraging words from the Secretary of State for Justice last week on the need to stop the cycle of reoffending by better supporting prisoners with mental illnesses or substance misuse challenges, including the misuse of cannabis and other drugs. We can help such people not by criminalising their activities but by supporting their rehabilitation and helping them to cope better with their substance misuse problems.

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Norman Lamb Portrait Norman Lamb
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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.

Paul Flynn Portrait Paul Flynn
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Will the right hon. Gentleman give way?

Norman Lamb Portrait Norman Lamb
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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.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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It is a pleasure to serve under your chairmanship, Mr Evans, and a pleasure to follow the right hon. Member for North Norfolk (Norman Lamb)—I think I completely agree with everything he said. I thank the hon. Member for Newport West (Paul Flynn) for securing the debate and all the people who signed the petition, which raised the profile of this important issue.

I shall start with a few quotations:

“Drugs policy has been failing for decades.”

We need

“fresh thinking and a new approach.”

Not my words, but those of the Prime Minister, David Cameron, back in 2005 when he was a contender for leadership of the Conservative party. At that time, he also said that it would be “disappointing” if radical options on the law on cannabis were not looked at. Since then, he has reversed his position almost 180° and done what, sadly, all too many politicians do once they have secured power—ignored the evidence and, in the face of what can be a hostile media environment, retreated to the status quo.

My position, which I have set out repeatedly in the House, is that we should be guided by the evidence. We need an urgent review of the Misuse of Drugs Act 1971 to determine whether the legislation has been effective and to consider whether alternative approaches might better reduce drug-related harms. That other countries and some US states have been more committed to following the evidence on cannabis than the UK has been creates an opportunity for us to learn from their experiences, whether they be of decriminalisation or some form of regulation.

There are clear and compelling grounds to legalise cannabis for medical use in particular and, having studied the evidence, I am fully persuaded that we need to do just that. Not because it is popular—although it is, with 53% of the UK public backing the legalisation or decriminalisation of cannabis for medical and non-medical use, according to an Ipsos MORI poll from last year. Not because many of those who already use cannabis-based medicines testify to the positive effects—although they do, with many claiming benefits for chronic pain, including that caused by neuropathy, fibromyalgia and rheumatoid arthritis, and others, such as MS sufferers, citing its benefits. Not because the UK lags behind other nations when it comes to recognising the therapeutic value of cannabis—although it does, with 20 US states, Canada, the Netherlands, the Czech Republic and Israel, among others, legalising the production and supply of cannabis for medical use. I am fully persuaded, because a strong evidence base justifies looking in much more detail at exactly how we should regulate the production and supply of cannabis for medicinal purposes.

We owe it to people like my constituent, Charlotte, a 34-year-old mother living with a palliative cancer diagnosis. She told me:

“When you are faced with such a diagnosis, you either accept it and let the rot set in or you look outside the box!”

She believes that cannabis oil is saving her life and allowing her to live well:

“I would be dead or very, very ill if not for cannabis oil.”

She goes on to say that

“the Government is shooting itself in the foot, if it supported cannabis and proper evidence based trials were properly funded it would have a huge impact on the cancer costs.”

We owe it to Charlotte, and the many people like her who use or want to use cannabis medically, to stop our ideological opposition and start gathering, and then listening, to the evidence.

Trials of the regulation of medical-based cannabis could, for example, answer questions about how we differentiate types of use and how to avoid the potential for leakage into non-medical supply. They could facilitate research that might otherwise be hindered and, if successful, they could provide a potential stepping stone for regulated legal production and supply of cannabis more widely.

[Mrs Cheryl Gillan in the Chair]

It is important to note that in those countries where medical cannabis is already regulated, implementation and practice has varied enormously. Some models have successfully demonstrated what effective, controlled production and responsible prescribing or retailing can look like. Elsewhere, regulation has been inadequate, leading to over-commercialisation and irresponsible sales practices and promotions. All that and more must be looked at within an agreed framework of what might be achieved through regulation, so that any proposals brought forward in the UK have learned from and built on existing good practice. That principle applies not just to medical cannabis; we have an opportunity to learn from countries such as the Netherlands and Denmark and US states that have introduced various regulated models for the sale of cannabis for recreational use too.

Colorado, which in 2012 became the first jurisdiction in the world to legalise cannabis, demonstrates the benefits of ending the criminalisation of users and putting the Government in control of the trade. Despite dire predictions, early evidence suggests that legalisation in Colorado has had the following positive outcomes: no spike in cannabis use among young people; thousands no longer receiving criminal records; no increase in road fatalities; and a significant reduction in the size of the criminal market, as the state now controls 60% of supply.

In these times of austerity, it is also interesting to note that in Colorado, for example, legal marijuana tax revenues have been breaking records. Through the first seven months of this year, Colorado has brought in nearly $73.5 million, putting the state on track to collect more than $125 million for the year, with $40 million of that allocated for school building programmes. If that kind of benefit can be properly balanced with a regulatory regime that minimises individual and social harm, which theoretically Governments are supposed to do for the production, sale and use of alcohol, why does it not make sense to be open to alternatives to prohibition? There is growing pressure to learn from what is being tried in other countries. The Select Committee on Home Affairs concluded that Government action is needed “now, more than ever” to learn from the models adopted in, for example, Portugal.

We should also pay attention to the evidence from closer to home. When in 2004 cannabis was declassified from a class B to a class C drug in the UK, most estimates suggest that there was a decline in cannabis consumption or no change. A study from Newcastle University Business School also concluded that there is generally no evidence for an increase in the consumption of any other drugs by young people, in particular heroin, cocaine, crack, amphetamines, ecstasy, acid or glue, or for an increase in the consumption of any class A drug.

There is also no evidence for an increase in various forms of criminal behaviour, including drug production and distribution, with the possible exception of a small increase in property crime among 15 to 17-year-olds relative to those under 15. Finally, there is no evidence for an increase in antisocial behaviour, victimisation or any other types of risky or antisocial behaviour.

In other words, and this is borne out by looking at long-term trends across drugs and other different classification regimes, illegality or otherwise has very little effect on whether people use drugs.

Paul Flynn Portrait Paul Flynn
- Hansard - -

Does the hon. Lady recall a very spiky example here of one of the scare stories about cannabis? It was said that cannabis users were on the slippery slope and that if they started with cannabis they would end in a life of degradation in the gutter. It was followed up by Ann Widdecombe, who wanted to introduce some new punitive laws, until half the shadow Cabinet declared that they had taken cannabis as young people. They ended up on the slippery slope to a form of degradation on the Tory Front Bench, but one that is not illegal yet.

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Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

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.

Paul Flynn Portrait Paul Flynn
- Hansard - -

Will the Minister give way?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

I would like to make some progress. The hon. Gentleman will be summing up at the end, but I will give way shortly.

There will always be one expert in one part of the world saying one thing and another in another part of the world saying another, not least because there will always be such diverse views. Nevertheless, we have to listen to what is going on and use that as our evidence base, as was asked for earlier.

The situation in Holland is really interesting. We have heard different usage statistics today, but the latest figures I have—I might be wrong; if I am, I will write to colleagues and ensure that they know—are 6.5% or 6.7%, according to the crime survey for England and Wales for 2014-15, while the latest figures for Holland are 7%, which is a larger percentage than ours. Holland legalised cannabis and a different situation is occurring there: while usage is dropping here, it has stayed higher in Holland. I am not saying that what Holland has done is wrong—it is an independent country and it is absolutely right and proper that it has its own policy—but when we compare ourselves with Holland, we must not use statistics that might be out of date. If my figures are out of date, I apologise, and I will write to colleagues to correct them. Other points were raised on which I would like to write to not only those colleagues present, but every colleague in the House—those who were not able to attend this debate—to answer such queries.

To the hon. Member for Brighton and Hove, which I think is the name of that constituency now—

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Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

I am not certain that the hon. Lady was listening to what I said, but I suggest she read Hansard tomorrow morning. We have cross-party agreement that we will look at research and see how we can help people. I am committed to that, as is the shadow Minister. We will try to do that, but I cannot do it at the Home Office alone; it has to be done across the board. That is the most important thing that can come out of this debate. It is not about who is right and wrong; let us try to work out what can help individuals.

Paul Flynn Portrait Paul Flynn
- Hansard - -

The Minister says that he is keen to look at evidence, so will he re-read the report of the Home Affairs Committee? With a Tory majority, it looked at the subject very seriously for a whole year, and concluded that what happened in Portugal was entirely beneficial, with no harmful effects, and is now supported by all parties in Portugal, as well as the police there. Why does he think that an anecdotal sideswipe at that is going to mean anything? Is he not relying on an evidence-free policy instead of taking up the Select Committee’s recommendation to set up a royal commission on this issue?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

The hon. Gentleman is never going to change his view, and that is fine.

Paul Flynn Portrait Paul Flynn
- Hansard - -

That was the Select Committee’s view.

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

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.

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Paul Flynn Portrait Paul Flynn
- Hansard - -

I am afraid that, as usual, the point of the debate has been missed. It is not my debate, but the debate of the 220,000 people who tried a new procedure—this is only the second time it has been used—to ask that the House debate this subject. Our chief task in this Parliament is to restore the reputation of this place. Democracy was invented in Greece 2,500 years ago and has come to us in stages. People had expectations that, because they signed the petition and we held this debate, they would hear a positive, sensible and constructive answer from the Government. They have been disappointed.

The great myth that is perpetrated is that if we ban something people do not use it and that if we make something illegal it stops being used, but the reverse is true. The prohibition we introduced in 1971 has been a continuing disaster. We heard medical evidence from the same source, and we have to take it seriously. The small percentages do not relate to the extent of the danger. I remind the House that Professor Nutt said that we would have to stop 5,000 people using cannabis to prevent one case of psychosis. That still makes it a serious problem, but the great lesson is that prohibition has caused people to suffer greatly. People have been criminalised, and their lives have been ruined.

I have only two minutes, so I will make a final point. Tens of thousands of people have written impassioned letters to us about their suffering. They want the Government to move their drug of choice, which is a natural substance, not a chemical one like Sativex—the natural form of cannabis has been used for 5,000 years without any serious side effects—from schedule 1 to schedule 2. Simple—it could be done. It has just been done in 23 states in America without any harm. I beg the Government to look again at the evidence to rescue sufferers of MS from their bed of thistles.

Lord Lilley Portrait Mr Lilley
- Hansard - - - Excerpts

Surely the hon. Gentleman agrees that the one argument that those opposing our position have leant upon is the evidence of the Royal College of Psychiatrists studies, but the very fact that studies can be carried out on people who use and do not use cannabis shows that the present prohibition is not effective. It also suggests that, although there may be health risks, their incidence will probably not be altered by legalisation, whereas all the other issues that the hon. Gentleman and I have raised would be ameliorated. We hope the Minister will take that into account in his further consideration.

Paul Flynn Portrait Paul Flynn
- Hansard - -

As the right hon. Gentleman said, there is a belief that persists. Recently, one of the legal highs was criminalised, and the result in my area was a 300% increase in its use. We cannot go on believing that we are the masters of the universe. We are throwing 2 million or 3 million of our young people into the hands of irresponsible gangsters. We should ensure that these drugs are controlled so that they are kept out of the hands of people with mental ill health and others whose health might be threatened, such as pregnant women. That is the point of a controlled drug, and we will get it controlled only with legalisation. We will carry on with the chaos, waste and cruelty if we continue with our mistaken policy of prohibition.

Question put and agreed to.

Resolved,

That this House has considered an e-petition relating to making the production, sale and use of cannabis legal.

Assisted Dying (No. 2) Bill

Paul Flynn Excerpts
Friday 11th September 2015

(8 years, 8 months ago)

Commons Chamber
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Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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“I will make sure your loved one does not suffer.” I think that many of us have had that assurance from doctors, and what they usually mean is that they are going to operate the principle of double effect commended by two Government Members. It means they will give the patient a lethal dose, usually of morphine, that will kill them, but they play a mind game of self-deception, pretending that the lethal dose is to relieve pain. It is not; it is to kill the patient. It was practised on a king some time ago, and it is widely practised and defended throughout the world, including in many Catholic countries. I would suggest that that is far more dangerous than the Bill. People are being killed without their permission and without rules or regulation.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
- Hansard - - - Excerpts

I sat next to my husband as he was dying of cancer and in extreme pain. Yes, he was given a large dose of morphine—because it was impossible to control his pain without it. I absolutely object to the hon. Gentleman’s assertion that every time a doctor helps a patient with extreme pain, they are in fact just shuffling them off a bit quicker. I think he needs to moderate his remarks.

Paul Flynn Portrait Paul Flynn
- Hansard - -

I will do nothing of the sort. I think it is an act of deception by doctors and the Church. They are allowing one doctor to make the decision and administer the lethal dose without any of the protections in the Bill. I have been to Oregon and discussed their law with them, and I believe we should follow their experience carefully. All the fears expressed in the House were expressed in Oregon in 1994. They had a referendum. We could follow their example and ask the public by attaching another question to the EU referendum question. In Oregon, the result was 51% to 49% in favour, but after experience of the Act—[Interruption.]

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
- Hansard - - - Excerpts

Order. The hon. Gentleman is entitled to be heard.

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Paul Flynn Portrait Paul Flynn
- Hansard - -

After experience of the Act, it went from that narrow majority to an overwhelming majority, and so it has remained since 1997.

We need to listen to our constituents. I want to read a letter sent to me by a constituent who asked me to read it to the House. I am going to find it difficult to read, but it is an example of the result of our lack of boldness in bringing in a Bill such as the one in Oregon. This gentleman writes:

“I have had to watch my dear wife, very old, very much in pain, very weak and desperately wanting peace, but she continued to suffer because I couldn’t do the one thing she really wanted. I was helpless to assist her to die. Her words were, ‘I don’t want to leave you my love, but I’m very tired and I want to go now. I know you understand. Please help me to die.’ Every day of her life she said prayers for other people, but when she pleaded, ‘Please God, take me now’; for once in that long life, she prayed for herself, but there was no one to answer.

Such a simple humanitarian act is just not permitted, so I watched my dear wife starve herself to death for three weeks—the only way she could help herself to die. I watched a lovely lady struggle without food until she grew so weak that she was unable to lift her arms, to even squeeze my fingers. She had strangers to change her, but she grew to the state where the shame and the humiliation were no longer an embarrassment. But she remembered the humiliation of those last weeks.

I held her close in the days when I could no longer understand her mumbled words. I could only reply, hoping she would hear when I said, ‘I love you darling. I understand.’ I hope she knew that I was there with her. I held her when her eyes no longer opened, when she could no longer see. I knew she could hear my words when a tear dropped from the corner of her eye. I held her until she had no touch, no sight, possibly no hearing, but I still said, ‘I know darling, I love you. I understand.’ I watched her beautiful face become a skeleton. I held her when this poor love finally died. I hope she knew that I was there, but I doubt it. And now for the rest of my life, I will remember the poor wracked body and the once so beautiful face, which became a hollow mask.”

Oral Answers to Questions

Paul Flynn Excerpts
Tuesday 8th September 2015

(8 years, 8 months ago)

Commons Chamber
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Shailesh Vara Portrait Mr Vara
- Hansard - - - Excerpts

The hon. Lady and I have spoken about the proposals in her constituency. I am confident that the connection that police and the local justice system have with the local community will remain strong. The only thing that will happen is that we will move to a 21st-century legal system. I emphasise that the proposal has the total backing of the senior judiciary. They are the people who operate within the courts and they support the proposals.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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15. What steps his Department is taking to ensure the (a) timeliness and (b) accuracy and quality of the content of answers to parliamentary questions by his Department.

Mike Penning Portrait The Minister for Policing, Crime and Criminal Justice (Mike Penning)
- Hansard - - - Excerpts

Written parliamentary questions are something I take extremely seriously, not least from the time when I was sitting on the Opposition Benches and asking Ministers questions. They should be answered on time and be as accurate and as informative as possible.

Paul Flynn Portrait Paul Flynn
- Hansard - -

It took three questions to get answers that would have been adequately given in one word: “None.” The first question was, “How many prisons in Britain are free of illegal drug use?” The answer was that 81 were free for one month. The second question was, “How many were free for a year?” The answer was that one was free for a year—Blantyre House had not reported any drug use for a full year. The third question revealed that, during that period, Blantyre House had no prisoners, so the answer to drug use in prisons is not to get rid of the drugs, but to get rid of the prisoners. What was the Minister on when he gave that answer?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

Clearly, the questions were answered accurately. Of the 15 questions the hon. Gentleman has asked in this Session, 14 have been answered on time, and just as accurately as the other one.

Undercover Policing

Paul Flynn Excerpts
Thursday 26th March 2015

(9 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

No matter what wrongdoings have been done, we do not have Stasi police in this country—thank goodness. I have no idea why the Stasi were so interested in the hon. Gentleman. Some of us were doing other things in the ’60s and ’70s. As I said, I will do everything I can to make sure as much information as possible is passed on to colleagues in this House and to those who have left this House.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
- Hansard - -

Like most of us here with a lifelong trust in the integrity of the police and security services, I had the very disturbing experience a few weeks’ ago, with the Chair of the Home Affairs Committee, of reading the report on Operation Tiberius. We were not allowed to have cameras or phones with us. The information in that document is deeply shocking. It is a story of decades of conspiracies between the police and criminal gangs. Knowing the case of Daniel Morgan from Llanfrechfa, who was murdered while he was investigating police corruption 28 years ago, and the failure of the security services to identify the way that Sir Cyril Smith and Sir Jimmy Savile were destroying lives, is there not a case for publishing the report on Operation Tiberius so the whole country can know the depth of corruption that has taken place in the Metropolitan police?

Mike Penning Portrait Mike Penning
- Hansard - - - Excerpts

I would like to pay tribute to the work of the Home Affairs Committee—I know the Chair of the Committee is not in his place—not only on Operation Tiberius but on other inquiries in this Parliament. I do not know why the file was not released, for instance when it was viewed, but I will find out and write to the hon. Gentleman.

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John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

In response to the hon. Gentleman, I do not feel there is anything more I can add. There is a sense in which his point of order contains a rhetorical question. He has aired his concern, which is widely shared. I am not in a position to allay that concern today, but it is very clear that it is a concern that I share 100% from the Chair on behalf of the House. This matter will not go away.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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On a point of order, Mr Speaker. There are pressing reasons why this point of order has to be taken now; it is one I raise with great reluctance. I overheard, as did several others, an hon. Member saying that he had been instructed by a Deputy Speaker on speaking in the later procedure debate, including on what kind of speech to make. May we ask that whoever is due to chair that debate is asked whether there is any truth in the claim made by the hon. Member, in order to ensure that the impartiality of the Chair is preserved?

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I am grateful to the hon. Gentleman for his point of order. I am not aware of those matters beyond what he has just said. Suffice it to say that I am in the Chair, and I am intending to remain in the Chair [Hon. Members: “Hear, hear.”]—today and, I hope, subsequently. I hope the hon. Gentleman, whom I greatly esteem, will not doubt my competence or fairness in chairing such proceedings of the House as take place today. I am not going anywhere.