Misuse of Nitrous Oxide

Rachel Maclean Excerpts

Wednesday 23rd November 2022 Westminster Hall

[Mark Garnier]

That is an incredibly alarming story, because it was being prescribed presumably by an anaesthetist who knew exactly what they were doing. That was in the form of gas and air, but the people who misuse the drug use it neat, which is much more powerful and dangerous.

What used to require some effort to transfer smallish amounts from a canister to a balloon so that it could be used in a simple way is now something that can be inhaled all evening, sucking in huge quantities of nitrous oxide. Instead of being available in 8-gram canisters, it is now typically in canisters of up to 600 grams, which allows someone to sit there using it all night. The result is that doctors are now seeing an increase in cases of people being admitted to hospital with serious side effects.

Dr David Nicholl, a campaigner in my region of the west midlands—a local doctor and significant campaigner—tells me that he sees at least one new case every fortnight. Misuse of nitrous oxide creates a vitamin B12 deficiency. That is a vitamin vital for nerve function for both periphery in the hands and feet and in the spinal cord. Practical effects are numbness of the hands and feet and pins and needles, but longer-term use results in people being unable to walk and talk properly, relying on crutches and, in some cases, wheelchairs for, potentially, the rest of their life.

[Rachel Maclean (Redditch) (Con)]

I add my thanks to my hon. Friend, who is also a Member of Parliament in Worcestershire. I have canvassed my local police force to understand the impacts on my constituency, as he has done. Is he aware that as well as the health impact that he is discussing, there is also the impact of anaemia in some users? Does he agree that that is a matter of resources for our NHS? We know that in Worcestershire we have problems with our NHS acute trust, so we should educate people not to engage in optional activity that burdens an already overstretched trust.

[Mark Garnier]

I completely agree. My hon. Friend will be delighted to hear that I spoke to our local police and crime commissioner only this morning about the issue. I have engaged with him over a number of weeks, and he is acutely aware of it, but there are problems.

--- Later in debate ---

[Mark Garnier]

I could not agree more. I was going to come to this later, but my hon. Friend has raised it now: he is absolutely right: local radio is fantastic at every level. My hon. Friend and I both know what it is like trying to get around Worcestershire when flooding is coming in; were it not for BBC Hereford & Worcester providing that brilliant support, as other radio stations do, we would not have that help. He raises a brilliant point.

The report moreover reinforces the call by the British Compressed Gases Association for consumer sales to be banned in the UK. This advice has been followed by the Netherlands, which will introduce a ban in January 2023. It seems that anybody who knows anything about this is keen to tackle the problem, but there seems to be a problem with the Government and their agencies.

With all this official information, it is sometimes more meaningful to hear the views of those who have been affected. Earlier this week, I received an email in anticipation of this debate, which, I think, is worth reading out in full:

“Around 5 years ago, I found out that my brother had become addicted to nitrous oxide. He had been introduced to it as a party drug by a friend at university but soon became heavily reliant on it, to the point where he would do it all day, every day. Unfortunately, it turned him from a really kind, intelligent, outgoing and sociable person to a depressed recluse. He developed Psychosis, suffered from hallucinations and became confused. In one incident, he was convinced that I was impersonating his sister. He subsequently became violent towards my parents and me, and one Christmas tried to kill my father by repeatedly bashing his head with a portable speaker. We were all terrified of him. His nitrous oxide abuse led to him drinking alcohol heavily and gambling, and, two years after we learned of his addiction, he took his own life at the age of 25.

I am so angry that someone who had so much potential—he was an elite athlete, had won a scholarship to a top university in the USA and had just started a great job in finance—had his life destroyed by a drug, which many still consider harmless. We really need greater awareness of the harmfulness of the drug, especially amongst young people. Despite how damaging it can be, you will also know that it is freely available with no checks necessary. Indeed, my brother was able to purchase boxes of it on Amazon with next day Prime delivery and it was being openly sold by a shop around the corner from where he was living.”

We all know that drug use is not free from consequences, which vary from misery for users to misery for all the people, family and loved ones around those who have become addicted. If we agree that nitrous oxide is a drug under the 2016 Act, how on earth is it possible that Amazon can deliver large quantities of it and corner shops can sell it to kids? How is it possible that I can go to a freely accessible website that not only offers it by the pallet load, but provides advice on how to use it as a recreational high? How is it possible that the police are apparently not able to tackle this issue? As I say, my PCC is definitely on to it, but it is a problem.

[Rachel Maclean]

I thank my hon. Friend for highlighting that awful case, and our hearts go out to the family of those affected. The suggestion from Inspector Rich Field, my local police lead, is that it is very difficult to ban the sale of those sorts of things because, as has been pointed out, they are easily available on Amazon and eBay. The police are suggesting that it be made illegal to have possession of nitrous oxide in a public place for under 16s. What does my hon. Friend think of that idea? I hope the Minister has also noted that and will address it in his final remarks.

[Mark Garnier]

The answer to my hon. Friend is I think that is exactly the right idea. I have already spoken to the Minister about that, and I know that he is open to ideas—perhaps we will hear his thoughts on that when he makes his response. Importantly, why are we still waiting for an answer to two Home Secretaries’ request for more information from the Advisory Council on the Misuse of Drugs? That is where a lot of the answers will come from.

I am grateful to the Minister for his time, and I look forward to hearing what plans he has to deal with this 21st century version of glue sniffing. We have already heard of the tragic consequences for somebody who became addicted. The Minister potentially has in his hands the ability to prevent further unnecessary misery. Finally, I congratulate David Nicholl and BBC Hereford & Worcester on their work. As we have heard, the BBC are introducing changes to local broadcasting that fly in the face of all logic. I will end on a point that is slightly unrelated to the main debate, but the work done by local radio is so important, and BBC Hereford & Worcester is such a good example of that.

--- Later in debate ---

[Rachel Maclean]

Will the Minister enlighten us, for the benefit of those of us not quite familiar with the role of this body? Does its recommendations include providing changes to the law and legal frameworks such as making it illegal to possess those substances in a public place, as I referred to earlier? How would that be enforced, based on those recommendations?

[Chris Philp]

The Advisory Council on the Misuse of Drugs principally makes recommendations about how harmful a particular drug is and therefore how it should be classified under the Misuse of Drugs Act 1971. That is the advice we have sought in this case. The consequences that then flow from classification are matters for Parliament to legislate; they are set out in law. There are obviously different criminal penalties depending on whether a drug is in class A, B or C, and there are different penalties for possession versus supply. The advice we are seeking is essentially medical advice on just how damaging the drugs are and therefore which regime they should fall within. I will convey to the ACMD how pressing Members of Parliament feel the issue is, quite rightly. The points raised have been very powerful and well articulated. I will undertake a third action to go and do that. This is an important issue, about which we are concerned.

I add a point before closing about the powers that local authorities have. One or two Members mentioned the associated antisocial behaviour and littering. There are powers available under the Anti-social Behaviour, Crime and Policing Act 2014 and other legislation to make various forms of order in this area, including orders on antisocial behaviour and dispersal. We also have public space protection orders, which are available to local councils to stop individuals or groups committing antisocial behaviour in a public space; such behaviour would clearly fall into that remit. Following consultation by councils with the police or the local PCC, councils can issue a PSPO, which would effectively prevent the activities taking place in a particular area. If there are Members who feel there is a problem in a particular location, I would suggest they get their local council to use PSPOs as an immediate measure and way of taking action. I thank my hon. Friend the Member for Wyre Forest for the opportunity to speak on this important issue.

Question put and agreed to.

Resolved,

That this House has considered the matter of the misuse of nitrous oxide.