UK Drugs Policy
Debate between Stephen Phillips and Julian Huppert(10 years ago)
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Dr Julian Huppert (Cambridge) (LD)
It is a great pleasure to follow the hon. Member for Newport West (Paul Flynn), who was an advocate of this cause well before it was fashionable. It is good to see him in his place still arguing for it. I also echo his praise for the fantastic work that my right hon. Friend the Minister has done, which means that we have now heard praise for his work from all parties present in the Chamber, even though some representative parties that are not here have been rather more critical of the stance he has taken. It is also good to hear a degree of unanimity in the comments expressed today. There are some differences, but they are in the nuances. There is not a principled difference; all the speeches have broadly called for change to our policies.
My belief is that the so-called war on drugs has simply not worked. What it has done is cause more harms than it has alleviated. That has been clear for quite a long time, and I and my party have long called for reform. It is not about being hard on drugs or soft on drugs; it is about being smart on drugs and doing the right thing. Of course drugs are harmful. Whether they are legal or illegal, and whether they are prescribed or not prescribed, tobacco, alcohol, cannabis, cocaine and heroin are all harmful things. They all cause harms—to people who take them, to other people and to society. The model for so long in this country and in many parts of the world has been based on the idea that when it comes to some substances—not tobacco and alcohol, but the other ones, for historical reasons—our aim should be to stop people taking them. The idea is to reduce the number of users, rather than looking at the harms the substances cause. That is the wrong goal and it has not worked.
Drug use is still high, with millions of people regularly breaking the law, which is not an effective disincentive. Hon. Members can talk to many police officers about this, but frankly it makes the law look silly when 4 million people a year are committing a criminal offence, of whom 100,000—randomly selected, but with somewhat more from poorer communities and black and minority ethnic groups—get arrested, with a few unlucky people, again disproportionately poorer people and those from black and minority ethnic groups, being thrown in jail. It does not work.
Stephen Phillips
I may come to this if I am lucky enough to catch your eye in due course, Mr Deputy Speaker, and I do not think anyone else has made this point, but does it not also cause a lack of respect for the criminal law when every year 4 million people regularly break what is regarded as the criminal law for something that they do not think is a criminal offence?
Dr Huppert
Absolutely. If we asked people what sort of sentence it should be possible to get for having a spliff, they would not think that many years in jail was proportionate. I know that that does not always happen, but the maximum sentence in this instance brings the law into disrepute.
Dr Huppert
The hon. Lady is absolutely right, as I said in an intervention. Politicians are behind, at least in what they are prepared to say. Another survey two years ago—I cannot remember which paper ran it—showed that 77% of MPs thought we should have reform, as long as they knew they would not be named in the survey and asked to introduce it. Politicians should have the courage of their convictions, and the public’s convictions, and take action.
I shall pick up the point made by the hon. Member for Totnes (Dr Wollaston), who chairs the Health Committee. We have indeed seen a reduction in the raw numbers—she is absolutely right—but I think that is largely because people are taking new psychoactive substances. We are seeing a huge increase in people taking legal alternatives, rather than illegal substances. The perversity of that is that we have pushed people to take substances whose safety we know less about. We know less about the harms and we are probably increasing the risk to those people very substantially. We should also look at the system. Smoking tobacco is more harmful than chewing khat, but why would we make the dangerous one legal and the not-so-dangerous one illegal? It seems like a very strange thing to do.
As a member of the Home Affairs Committee, I was delighted that the Chair, the right hon. Member for Leicester East (Keith Vaz), who is sadly not in his place, agreed when I kept insisting that we should have a look at this issue. We undertook a detailed study and we heard from experts around the world. We concluded, on a cross-party basis, a key objective:
“The principal aim of Government drugs policy should be first and foremost to minimise the damage caused to the victims of drug-related crime, drug users and others.”
That is a call to completely rethink how we do drugs policy: to focus on reducing the harm, not on how many people do things that we badge as illegal.
The Home Secretary of course rejected the report’s findings and just carried on with business as usual, but we had one key victory. We secured agreement for an international comparators study, which has been worked on by my hon. Friend the Member for Taunton Deane (Mr Browne) and, now, my right hon. Friend the Minister for Crime Prevention. That is what has come out today, and although there is a serious gap where some of the conclusions ought to be—one feels that one is being led towards something, only to find a missing paragraph saying what one should do—it is very clear. The fundamental point is that sounding tough does not matter. The rhetoric does not make any difference; it is about outcomes. The study says:
“Looking across different countries, there is no apparent correlation between the ‘toughness’ of a country's approach and the prevalence of…drug use.”
That is key. If being tough actually reduced drug use around the world, we would have to look again, but it simply does not work. It creates extra harms, so the argument falls down.
What does work? There have been lots of academic studies. The thing that most reduces drug use is having a more equal society. Solving that may be beyond the scope of this debate, and certainly beyond my scope in the time I have left, but that is what will work—not tough laws, but a more equal society. Yet we continue with the tough approach. Every year we spend millions of pounds jailing something like 1,000 people for no offence other than possession. We are not talking about people who have burgled; we are talking about simple possession offences. They are not dealers; they are not doing worse things. Jailing them does not help them to deal with their addiction; if anything, it makes things worse for them and takes money that we could spend helping them instead of punishing them.
It is therefore really good progress that we now see acceptance from the Government that a tough drugs policy does not reduce usage. Contrary to what the Home Secretary said to the Home Affairs Committee, the Government have finally accepted that in Portugal decriminalisation and a focus on treatment have not led to more drug use.
We have the Minister on board, but we need to get the Home Secretary to agree to go ahead. We spend vast amounts of money on a drugs policy. Estimates vary between £3 billion and £10 billion a year, depending on which costs are included. Times are tight, so we should spend that money effectively. We should use police resources effectively, too. If police are kept busy dealing with simple possession offences, that is time and effort that they cannot use to settle violent or acquisitive crime, or indeed the gang crime that our war on drugs is fuelling. That is why so many police officers have spoken out.
The chief constable of Durham, Mike Barton, has argued for the decriminalisation of class A drugs, highlighting the fact that prohibition has put billions of pounds into the hands of the criminals he is supposed to be fighting. Many others say the same, including Chief Constable Tom Lloyd, my own former chief constable:
“Drug dealers all over the world are laughing at law enforcement…I want the end of prohibition and the start of control and regulation so we don’t have dealers on the street.”
He has also highlighted the harm done to young people, because for a huge proportion of them, their first contact with the law comes from being stopped and searched for drugs offences. When someone is convicted, according to Tom Lloyd:
“It seems hypocritical to saddle a young person with a criminal conviction that could blight their lives”.
Such people often have problems getting jobs and travelling in the future. This causes huge problems. Because of our criminalised system, we have no control over what drugs are cut with—and these cutting agents are often worse than the drugs themselves.
We also have huge problems with discrimination. For black and minority ethnic groups, the use of harder drugs is lower, but arrests are higher and they are twice as likely to proceed to court than white people. That is not right; we should not be doing that. With more than half of stop and searches being for possession, even the Home Secretary has acknowledged the problems that can result from that.
We need a new system, focusing on treatment, education and rehabilitation and dealing with the harms caused by drugs. How we pay for that is a challenge. The answer is to take money from the criminal justice system. We need to divert the money from spending on policing and prison towards spending on helping people to break their addiction. My party has called for exactly that, continuing to spearhead those calls. At our party conference in October this year, we had a new crime policy paper, which picked up on this issue. It called for a transfer of powers from the Home Office to the Department of Health, saying that drug addiction is a health problem and should be seen as such. We should make sure that people are not sent to prison for personal possession; we should move towards decriminalisation. We propose having a royal commission to take an overall view of what we do and to keep an eye on what is happening with cannabis in the US and Uruguay. I agree with the hon. Member for Totnes that it is too early to be certain about the outcomes; we need to keep an eye open.
Stephen Phillips
The hon. Gentleman mentions the US, and earlier in his very powerful speech he mentioned the difficulty some young people have with being criminalised over the possession of drugs. Does he regard it as an oddity, as I do, that a person could be denied a visa to go to the United States, in some parts of which marijuana can be bought and smoked quite legally, just because they have a criminal conviction in this country for having used cannabis?
Dr Huppert
The hon. and learned Gentleman is absolutely right; I agree completely with his point. We are blighting people’s lives for no good reason, and many do not think it is proportionate.
It is not just my party that has pushed for this change for a long time. Many other Members have called for reform, like the hon. Member for Brighton, Pavilion (Caroline Lucas). We have heard the clear view of The Sun in a very strong editorial just this morning, stressing that we cannot continue with the status quo. The right hon. and learned Member for Rushcliffe (Mr Clarke) said when he was Secretary of State:
“We have been engaged in a war against drugs for 30 years. We’re plainly losing it. We have not achieved very much progress.”
The former head of MI5 Eliza Manningham-Buller called for us to acknowledge the truth that
“much…of the vast expenditure on the so-called ‘War on Drugs’ has been fruitless.”
The noble Lord Lawson, with whom I disagree on many things, said:
“I have no doubt that the present policy is a disaster.”
Then there is the Prime Minister. When he was a member of the Home Affairs Select Committee in 2002, along with the hon. Member for Newport West, he voted to recommend
“that the Government initiates a discussion within the Commission on Narcotic Drugs of alternative ways—including the possibility of legalisation and regulation—to tackle the global drugs dilemma”.
The Prime Minister used to be a reformer. When he ran for the Tory leadership, he said:
“Politicians attempt to appeal to the lowest common denominator by posturing with tough policies and calling for crackdown after crackdown. Drugs policy has been failing for decades.”
All those voices are on side; we need to bring the Prime Minister back. Portugal has been a huge success. When we visited, we found that the new drugs policy was supported across the parties, and by the police as it helped them to deal with crime.
Let me make two last points before concluding. In 2016, the UN General Assembly will hold a special session on drugs in 2016, providing a key chance to change the global system in respect of drugs policy. This is key, and there are calls from around the world. Britain is leading the way in the calls for reform, but unfortunately not in an official capacity—it is the all-party parliamentary group on drugs policy reform that is seeking to co-ordinate Ministers around the world. The Government should support this change.
I echo the calls of my right hon. Friend the Minister for Crime Prevention to look again at marijuana as a medicine. The evidence is that it can be a very effective medical remedy, dealing with many diseases, including MS and glaucoma, and easing the side-effects of chemotherapy and HIV/AIDS treatment. This can help improve people’s lives, so clearly we should look at it as a medical intervention. This country has followed the wrong approach for 40 years. It has not worked, and it is time to change.
Anti-social Behaviour, Crime and Policing Bill
Debate between Stephen Phillips and Julian Huppert(11 years, 1 month ago)
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Dr Huppert
It is a pleasure to follow the hon. Member for Hayes and Harlington (John McDonnell). I agree with much of what he said, particularly about the consequences of the riots, which I shall come back to. Let me start by welcoming the Minister of State, Home Department, my hon. Friend the Member for Lewes (Norman Baker) to his new post and by congratulating him on his promotion to Minister of State. His injection of liberalism into this Department will be hugely welcome after decades in which Conservative and Labour Governments have clamped down on civil liberties and taken illiberal approaches wherever possible, playing to populism’s worst flaws. I greatly look forward to him playing his role as Minister of State in this Department.
I disagree with what the hon. Member for Croydon North (Mr Reed) said about the effectiveness of ASBOs. I do not think they were effective at all, but I do think substantial improvements can be made to the Bill. I hope this new Minister will take the opportunity to reflect on our comments and come up with something that takes them all into account.
Stephen Phillips
Whether or not ASBOs were effective originally, does my hon. Friend agree that, over time, they have become increasingly less effective? The breach rates are now so significant—up to 90% for most orders—that they have become utterly meaningless.
Dr Huppert
I agree; my hon. Friend is right that ASBOs simply do not work, so the idea of continuing them does not make much sense.