Dangerous Drugs

Ronnie Cowan Excerpts

Tuesday 12th September 2023 Commons Chamber

[Chris Philp]

Yes, I can provide that assurance. I will expand on this later, but those who are using nitrous oxide for legitimate purposes, which includes the catering industry, the dental sector, research and even semiconductor manufacture, will be outside the scope of these restrictions.

The hon. Gentleman touched on the control of harmful drugs more generally. It is important to control harmful drugs, particularly where they are very addictive and cause health harms. We have seen in cities in North America that have liberalised their drug laws substantially, such as San Francisco, Portland and some Canadian cities, that it has resulted in widescale public health problems.

[Ronnie Cowan (Inverclyde) (SNP)]

I knew that the Minister was going to bring up Portland at some point. There has been a clarion call to the extreme right wing to clamp down on drug policies, but we have to look at Portland in its entirety. Yes, it decriminalised drugs, but it also cut back all its support services drastically and had a fentanyl crisis at exactly the same time. That created a perfect storm for the damage that has been done there. We would not want to undermine some of the good work that has been done there as well.

[Chris Philp]

Well, if we look at the centre of San Francisco at the moment, it is not a very happy sight. The de facto decriminalisation of drugs and, indeed, the failure to police certain criminal offences such as shoplifting has led to disastrous outcomes, and I am determined that we do not see the same in our jurisdiction. I do accept that treatment is very important, which is why we are investing all that extra money in treatment.

--- Later in debate ---

[Ronnie Cowan (Inverclyde) (SNP)]

I was delighted to hear that there were moves afoot to change the Misuse of Drugs Act 1971, because if ever a piece of legislation needed changing, it is the 1971 Act—it is followed closely by the Gambling Act 2005, but that is for another day. There are so many things wrong with the 1971 Act. It was bad legislation in its day and for more than 50 years it has ensured that people are criminalised, stigmatised and ostracised. It has created divisions in society and led to unnecessary pain and suffering. That should not be a surprise to anyone, because that is what it was designed to do. It was never intended to provide support for those harmed by drugs. It was never based on compassion. It was never meant to address the issues associated with recreational drug use. Therefore it comes as no surprise that in the past 50 years things have simply got worse.

Sadly, today, rather than righting some of the wrongs by decriminalising or legalising drugs, and rather than striving for drug consumptions rooms, safe consumption facilities, naloxone provision, medication assisted treatment, education and support, we are being asked to make matters worse. We are being asked to turn a blind eye to the evidence and learn nothing from the misclassification of cannabis; instead, we now want to persecute more people with the continued aim of arresting our way out of a drugs crisis. It is widely acknowledged that given the many legitimate uses of nitrous oxide, enforcement will be a nightmare. Currently, the Government have three licensing proposals but are still in consultation over which to adopt. Perhaps the Minister can clarify that in his response. Quite why we are pursuing the reclassification before we have sorted out the licensing is beyond me. In the meantime, we are being asked to remove this regulated substance and create a marketplace for criminals to fill with who knows what—it is absolutely bonkers. As Steve Rolles said in Conservativehome:

“Empowering”—

and enriching—

“criminal groups will fuel violence and anti-social behaviour, not reduce it.”

[Jane Stevenson (Wolverhampton North East) (Con)]

I am a bit sceptical, as we are talking about nitrous oxide use as though it is a much harder drug. A lot of the kids taking it, certainly those in Wolverhampton, are not hardened drug users, but young people who do not think they are doing anything wrong. They do not hear about the medical risks, and this drug is so cheap and so widely available. Surely the Government are doing the right thing in nipping this in the bud so that these young people do not go down the road of falling in with the wrong crowd and continually moving on to harder drugs.

[Ronnie Cowan]

My point is that the Government are not nipping this is in the bud. What will happen here is that they will hand this over to the criminal fraternity, and kids who want to take drugs will continue to take drugs, but now we will not know what they are taking and it could be doing them more harm. Meanwhile, they will be arrested and given a criminal record, which will live with them for the rest of their days. That is not helping the situation at all.

I was just going to say that this change will result in people being arrested and convicted. That conviction will lead to stigma and damage employment opportunities, housing, personal finance, travel and relationships. That is what we have been doing for 50 years, and that has been a rolling success, has it not? There is little or no evidence that says that this action will address—[Interruption.] Does the right hon. Member for North West Hampshire (Kit Malthouse) want to intervene?

[Kit Malthouse]

indicated dissent.

[Ronnie Cowan]

There is little or no evidence that says that this action will address the problem. Can the Minister provide me with one example—just one—over 50 years where arresting someone for personal possession and giving them a criminal record has helped reduce the misuse of drugs? As has been highlighted already in this debate, the problems of antisocial behaviour and littering can be addressed through existing legislation properly applied.

This change is driven by the Government’s desire to be seen to be coming down hard on crime and, by doing so, they are ignoring evidence from their own expert body, the Advisory Council on the Misuse of Drugs, along with the Royal Society of Medicine, the World Health Organisation and the United Nations. The focus should be on education, not punishment.

This change does nothing to address the question of why people fall into addiction, or indeed why they take drugs in the first place. It does nothing to reduce criminality; it just pushes it on to the consumer. It does nothing to make people safer. It creates a vacuum for criminals to fill. It is a wolf whistle to the “hang ’em high” brigade and it is typical of the lack of long-term strategic planning that is required. There are no short-term solutions; no magic wand exists.

Finally, continuing to bolster a policy that has not worked for 50 years will only add to the misery and pain that has already been inflicted. It is time to think outside the box and radically overhaul this Act and make it fit for the 21st century, where drug harm is a health issue and not a matter for the criminal justice system.

[Mark Garnier (Wyre Forest) (Con)]

Having had a Westminster Hall debate on exactly this subject a few months ago, I do not propose to take up too much of the House’s time. I just want to thank the Minister for listening to that debate and actually taking action as a result.

I got involved in this matter as a result of being lobbied by BBC Hereford & Worcester and Dr David Nicholl, a Liberal Democrat councillor in Bromsgrove, who is a neurologist. He highlighted for me the damage that nitrous oxide does to kids. He likened it to an electrical appliance that has had the insulation stripped off the wiring inside it and then expecting that electrical appliance to carry on working. This is what it does to your nerves and it is a huge problem for people who take it.

There has been a lot of debate this afternoon about the fact that the measure will criminalise people and that we should be attacking the suppliers rather than the users. At the end of the day, if something is called laughing gas and is said to be a harmless drug—a harmless and safe high—that misleads people into thinking that it is perfectly safe to take. But it is not perfectly safe; it has profound implications for people’s health. It is absolutely terrible. The hon. Member for Inverclyde (Ronnie Cowan) made the important point that we are going to be criminalising people. Ultimately, of course, some people will be criminalised, but is it not worth a small number of people being criminalised to act as a deterrent for the majority who—

[Ronnie Cowan]

It has not been proven to be a deterrent. Look at the numbers that we have across the United Kingdom. Has arresting people and criminalising them ever been proven to be a deterrent?

[Mark Garnier]

It is always very difficult to prove a negative. I take the hon. Member’s point, but I am happy that we will be providing a deterrent for kids of the generation of my children; that is what I care about. I am incredibly grateful to the Minister for listening, incredibly grateful to Dr David Nicholl, a neurologist, for giving me scientific evidence to support his campaign, and incredibly grateful to BBC Hereford & Worcester.

As with all these issues, we are reminded of particular communications that we have from constituents. When I was preparing for my Westminster Hall debate, I received an email from somebody who wanted to talk about her brother. He was a very talented sportsman who was possibly going to play rugby for England. He was also a talented investment banker—I know we do not always like investment bankers—with a very good career ahead of him in the City of London. He found nitrous oxide, thinking it was a harmless high, but within a year he had committed suicide as a result of the damage he had done to his system. If we know that is a possible outcome, I do not think it is right to do anything other than send a very strong message that this is a dangerous drug. Criminalising it sends that message to try to put people off using it.