Misuse of Drugs Act

Rachael Maskell Excerpts

Thursday 17th June 2021 Commons Chamber

[Jeff Smith (Manchester, Withington) (Lab)]

I beg to move,

That this House has considered the Misuse of Drugs Act 1971.

I am grateful to the Backbench Business Committee for granting us the time for this debate, to the cross-party Members who supported the application, and particularly to the hon. Member for Reigate (Crispin Blunt) for co-sponsoring it.

This May marks 50 years since the Misuse of Drugs Act 1971 received Royal Assent. Back in 1971 there were three television channels; smoking indoors was normal everywhere from schools to doctors’ waiting rooms; and women could legally be sacked for being pregnant. Our culture and society now are completely different from that time, but our drugs regime remains the same, focusing on prohibition, criminalisation and punishment rather than looking at the evidence on what reduces harm to individuals and to society.

The 1971 Act was intended to prevent the use of controlled drugs, eliminate illegal drug markets and reduce the harms of drug use; it is not working. The data suggests that in 1971 there were fewer than 100 drug-related deaths in England and Wales; in 2019, drug-related deaths in England and Wales rose for the eighth year in a row to 4,393. There has been a 52% increase in drug-related deaths over the past 10 years, and 2,883 deaths resulted directly from drug misuse. These people mattered and many of their deaths were preventable. If there were better laws and properly funded treatment services, many could still be with us today.

In the late 60s, around 1% of adults had used drugs at some point in their life; the proportion is now 34%. While the drug market remains in the hands of criminal gangs, drugs are getting stronger and more adulterated. People are dying because they do not know what is in the drugs they are using. Even the Government acknowledge the failings. A 2014 Home Office report reviewed the evidence and said that

“there is no relationship between tougher/punitive sanctions on drug possession and the level of drug use in a country.”

Last year, Carol Black’s review of drugs for the Government said that the evidence suggests that

“enforcement crackdowns have little…impact on the overall drug supply…and can often have the unintended consequence of increasing violence, for example by creating a gap in the market for dealers to compete over, or increasing distrust in the drugs market.”

The police force in County Durham published evidence in which drug users were interviewed about a large-scale undercover police operation, which lasted six months, cost more than half a million pounds, and resulted in the arrest of over 30 people involved in the supply of class A drugs. When users were asked how long they thought the operation had strangled the supply of heroin for, one estimated four hours, and another just two hours. If people want more evidence than that, I recommend the books by former undercover cop, Neil Woods, who gives a graphic illustration of how the market is there and how, even if that market is interrupted, people come in and fill the gap. We cannot arrest our way out of this problem.

Through county lines, dealing and exploitation, more and more young people have been pulled into drug supply and a life of crime. In 2017 alone, 38,000 people were criminalised for possession of drugs in England and Wales, almost 3,000 of them under the age of 18—people unnecessarily criminalised, limiting their future life chances and their educational and employment opportunities.

A third of the prison population are there because of drug offences or offences relating to drug use. Putting people in custodial settings as a result of their substance use punishes those who need help, does not address the root cause of their issues, and is, more often than not, counterproductive All those things add up to part of the human cost of our drugs policy, but what about the financial cost?

According to the Home Office, in England alone, policing and enforcing current drug policy costs £1.4 billion annually. Half of acquisitive crime is related to illegal drug use. A different Home Office-commissioned report said that the failure of drug policies costs the taxpayer £10.7 billion a year in policing, healthcare and crime. The total societal costs of harms relating to illegal drug use is now £19.3 billion.

Another consequence of the 1971 Act is how it has held back scientific and medical developments. Drugs in schedule 1 such as Psilocybin, MDMA, LSD and DMT are showing real promise as potentially life-changing treatment options for conditions such as depression, post-traumatic stress disorder and addictions. While it is technically possible, it is slow, difficult and expensive to do medical research into schedule 1 substances. Under this policy regime, we are wasting money, wasting the resources of the criminal justice system, wasting the chance to do better research and to find evidence to inform our drug policy and our medical interventions, and wasting lives.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to my hon. Friend for setting out the scope of the impact of the drugs scene today and the implication that it has on residents, including in my constituency of York Central where there is an incredibly high level of drug deaths. This is how I got involved in the issue. I have been on a journey and learned how a public health approach can be transformative in diverting people away from crime, in ensuring that there is no exploitation, in providing good treatment, including engagement with drug consumption spaces, and in taking that full public health approach. Does he agree that we need a sea change now to see harm reduction, as has been tried and tested elsewhere, which has incredible outcomes that he, too, has seen.

[Jeff Smith]

My hon. Friend is absolutely right. This anniversary is surely the time to take stock, to change our approach to one that is rooted in evidence, and to do what is best for public health.

In 2019, the Health and Social Care Committee recommended such an approach. It called for

“a radical change in UK drugs policy”

moving

“from a criminal justice to a health approach.

It said:

“Responsibility for drugs policy should move from the Home Office to the Department of Health and Social Care.”

It supported a consultation on decriminalisation of drugs for personal use. By the way, decriminalisation is supported by the World Health Organisation, the United Nations Office on Drugs and Crime, the Royal College of Physicians and the Royal Society for Public Health.

The Government published their response earlier this year, saying that they had “no intention” of decriminalising drugs. They said:

“Drugs are illegal because scientific and medical analysis has shown they are harmful to human health”—

apart, of course, from alcohol, a drug that is more harmful to the user than most drugs aside from heroin, crack and methamphetamine. It is certainly not less harmful to the user compared with cannabis or ecstasy, for example, and it is legal.

Let us think for a minute, following the Government’s logic, what would happen if we made alcohol illegal because it is harmful to human health. People would not stop using it. They would get it from the black market, as they did during prohibition in the USA. People would die from badly produced moonshine, as they did in the USA, and the profits would go into the pockets of criminal gangs. Instead of that, we mitigate the harm from alcohol use by legalising it, regulating it, making sure that it is not poisonous and making it safe, and we can invest the tax raised from its sale in the NHS and public messaging. No one has ever given me a convincing argument as to why we do not take the same approach to cannabis, as many US states and increasing numbers of countries around the world are now doing. There is simply no logic to the Government’s approach.

There would be different approaches to different drugs, but what is common is that the current regime is not working. Over the last half a century, there have been calls for reform from a wide range of parliamentary Committees and public bodies. We have an increasing body of evidence to look at on how things could change for the better. The evidence from countries that have liberalised their approach to drugs does not suggest an associated increase in use.

The example of Portugal is worth highlighting again. In the early noughties, Portugal was in the grip of Europe’s worst heroin and drug death crisis. In 2001, it ended the criminalisation of people who use drugs and established a health-led approach instead. Since then, drug-related deaths have fallen and have remained below the EU average. The proportion of the prison population sentenced for drug offences fell from over 40% to 15%. The number of annual drug overdose deaths reduced from 318 in 2000 to 40 in 2015. There was an 18% reduction in the social costs of drug use in the first 10 years of decriminalisation. Problematic use and school-age use both fell, and rates of drug use in Portugal remain consistently below the EU average.

Even within the current regime, the Government could stop blocking some proven harm reduction measures, such as overdose prevention centres and drug safety testing, and they could ramp up and even out the provision of naloxone and heroin-assisted treatment. They could have encouraged more diversion schemes and more deferred prosecution schemes and could properly reinvest in the treatment budgets that have been cut in recent years.

--- Later in debate ---

[Rachael Maskell]

On the issue of diversion, I was told a powerful story about how young people, instead of getting a criminal record, were given the opportunity in life for someone to invest in them. As a result, they got apprenticeships and then got a job instead of a criminal record. Surely that is a better way forward for these young people’s lives.

[Jeff Smith]

My hon. Friend is absolutely right. We have the evidence in the UK. There have been some very good diversion schemes in Durham and the west midlands, and there are others. We do not need to look at the evidence abroad; we can look at the evidence in the UK.

--- Later in debate ---

[Kit Malthouse]

I do not have to commit, because that is exactly what we are already doing in five parts of the country. As the hon. Gentleman may know, I instituted a series of projects going by the acronym ADDER—addiction, diversion, disruption, enforcement and recovery —in five areas of the country to build a new modus operandi on drugs, bringing police and crime commissioners and enforcement alongside health, local authority, housing and other therapeutic providers to see if we can shift the numbers in Blackpool, Hastings, Middlesbrough, Norwich and Swansea Bay.

If we are to refine and improve our response, we must have a comprehensive picture of what is happening on the ground. That is why part one of Dame Carol Black’s review on drugs—a number of Members mentioned it; its findings were published in February last year—was such a valuable and insightful contribution to our understanding of the problem. The report underlined the impact of the so-called county lines criminal business model, where illegal drugs are transported from urban areas to be sold in smaller towns and villages. That is one of the most disturbing and pernicious forms of criminality to emerge in our country in recent years, as the hon. Member for Manchester, Withington mentioned. We are making significant progress, which I will talk about shortly.

In July last year, the Department of Health and Social Care commissioned part two of Dame Carol Black’s review on drugs, focusing on prevention, treatment and recovery. It will build on Dame Carol’s work to ensure vulnerable people with substance misuse problems get the support they need to recover and turn their lives around. It will look at treatment in the community and in prison, and how treatment services work with wider services that enable a person with drug dependency to achieve and sustain recovery, including mental health, housing, employment and the criminal justice system.

In 2019, the Government appointed Dr Ed Day as the Government’s recovery champion to provide national leadership around key aspects of the drug recovery agenda and to advise the Government on where improvements can be made. His first annual report was published in January. When I have spoken to Dr Day he has talked passionately about the importance of recovery and the work he is doing with a huge number of fantastic advocates in the sector, including people with lived experience of drug misuse who are celebrating being in recovery. It is very motivating to hear their stories and the extent to which recovery can provide hope and help people to turn their lives around.

We also continue to work closely with the devolved Administrations in Scotland, Wales and Northern Ireland to ensure drug misuse is tackled as a UK-wide problem. Following the UK drug summit, which I called in Glasgow in February last year, the Minister for public health and I jointly hosted a meeting in September, bringing together academic experts and Government Ministers from across the home nations of the UK to discuss topics such as drug-related deaths, treatment and recovery services, and the impact of the pandemic on illegal drug taking. The Government remain committed to tackling the harms caused by drug misuse on a cross-UK basis and I will, I am happy to confirm, be holding another such meeting in the autumn for all the home nations to discuss these matters further.

[Rachael Maskell]

I welcome that the Minister is talking about the impact of harm. What is his assessment of the harm-reduction model, particularly that deployed in Portugal?

[Kit Malthouse]

I am just coming on to what we are doing about harm reduction. As I said in my opening remarks, I think that should be at the forefront of our mind. Opinions may differ across the House on the balance between enforcement, and treatment and recovery, in the mix of dealing with this pernicious social problem. My view is that they have to be balanced. I am not sure that experiences around the world on decriminalisation, for example, necessarily give us quite the silver bullet that Members have suggested, but I will come on to that in a minute.

In January this year, we announced £148 million of new investment to cut crime and protect people from harms associated with illegal drugs: £80 million for drug treatment services, the biggest rise in funding for 15 years; £28 million for the ADDER projects across the UK that I have already outlined, building a new modus operandi for tackling drugs and creating a foundation from which I hope we will expand; and £40 million to tackle drug supply and county lines. As the hon. Member for St Helens North illustrated, we are surging our activity against those awful groups, focusing on them as businesses as much as groups of criminals, and we are seeing significant success.

Although some have expressed the opinion during the debate that enforcement does not work, I would point out that our new approach—the new tactics that we have agreed with the police—is resulting in significant results. In Norfolk, for example, 16 months ago there were over 100 county lines; that is now down to under 20. Bangor in north Wales was declared county lines free, along with Swale and Tonbridge. Kent has halved the number of county lines moving drugs into that part of the world. There is a lot that we have done: over 780 lines closed; 5,100 arrests; £2.9 million of cash seized; and, importantly, 1,200 vulnerable young people safeguarded. That funding demonstrates our commitment in this area and the effect that we can have when we focus.

If I may crave your indulgence, Madam Deputy Speaker, I want to deal with one or two particular issues that have been raised. My hon. Friend the Member for Reigate and I have been in ongoing correspondence and conversation about the impact of the legislation on research and the business that may come from it, and he raised that during his speech. As he will know, there are clinical trials already under way into the use of the compound psilocybin, and I am hopeful that they will produce positive results. If they do—if there is a proven clinical and medical use—then obviously, as we have in the past, we will have to adapt to that as we go. I have commissioned the Advisory Council on the Misuse of Drugs to look more widely at barriers placed in the way of clinical research in all sorts of areas of narcotic and other drugs, to ensure that we are getting the balance right to enable that legitimate form of research, and the health benefits that may come from it, to be pursued.

My hon. Friend the Member for Don Valley (Nick Fletcher), in a very thoughtful speech, raised the issue of cannabis. There have been quite a lot of calls for legalisation of cannabis. I point him to the Canadian experience. As he rightly identified, rather than legalisation producing a reduction in the illegal sector or its elimination, that business, like any other, has adapted to competition, producing a stronger product more cheaply, provided more conveniently, and it still exists in Canada. Obviously, we will be monitoring closely Canada’s experience and those of other areas that have legalised. However, as was pointed out, in Amsterdam, where consumption has been liberal, shall we say, for some time, I am not convinced that criminal gangs are not still pursuing their trade.

We have had a strong showing from the various factions of Scottish nationalism this afternoon, which is no surprise given the truly appalling number of drugs deaths that Scotland has seen over the past few years. I am not a man moved to anger very often, but I found my blood boiling at being accused of intransigence, dereliction of duty and ignorance when I literally went to Scotland 18 months ago to beg the Scottish Government to do something about this issue and to spend more money on health. The whole point of my immediately starting to convene a four nations drugs summit when I came into this job was to focus on the real tragedy—the scandal, the emergency—that there was in Scotland.

I was amazed that the hon. Member for Glasgow Central (Alison Thewliss) had the gall to say that she imagines the number of people who might have been saved if the UK Government’s actions had been different, given the number that could have been saved if the SNP had not sat on its hands for 10 years while the numbers mounted. Only a looming election saw it step up to its responsibility. I ask it, please, to look to the log in its own eye before it looks to those in others’.

My hon. Friend the Member for Crewe and Nantwich (Dr Mullan), who has unique experience in and perspective on this as both a former police officer and a doctor, showed us the truth of this very complex situation, which is that there is no silver bullet. This is a complex area where Government have a duty to listen, to look at the evidence and to consider what can be done both on enforcement and on public health to make sure that we try to minimise, reduce or remove this most pernicious of social evils from the areas of our society that are benighted by it.