Controlled Drugs (Procedure for Specification) Bill

Cameron Thomas Excerpts

Committee stage
Wednesday 25th June 2025 Public Bill Committees

[Alex McIntyre (Gloucester) (Lab)]

It is a pleasure to serve under your chairmanship, Dr Murrison.

Many hon. Members will be aware of the blight of drugs on our streets. The recent and ongoing emergence of novel synthetic opioids, particularly fentanyls and nitazenes, poses a particular risk to public safety and public health, not least because of their very high potency. It is those drugs that the Bill seeks to address, because with the rapid development of synthetic drugs, it is vital that new controls can come into force at the earliest opportunity to enable the police and other authorities to act in the interests of public safety.

The Bill seeks to amend the delegated power to specify controlled drugs under section 2 of the Misuse of Drugs Act 1971, so that the form of statutory instrument is regulations made by the Secretary of State rather than an Order in Council. The statutory instrument remains subject to the draft affirmative procedure and the statutory preconditions of acting after consultation with or on the recommendation of the Advisory Council on the Misuse of Drugs.

For Members who are not aware, the UK-wide Misuse of Drugs Act is the principal legislation to control substances that are dangerous or otherwise harmful. These substances become controlled drugs by being listed and classified as class A, B or C under schedule 2 to the Act, according to their relative harmfulness, or by being specified in a temporary drug class as a drug subject to a temporary control order.

The Act imposes the criminal penalties that many of us will be aware of in relation to offences such as unlawful possession, supply, offer to supply, production, and importation and exportation of those controlled drugs. Currently, any amendment to schedule 2 to control, remove from control or amend the control of drugs is made by Order in Council—in other words, by the King in Council. Orders can also be varied or revoked by a subsequent Order in Council.

For newbies like me who are not aware of what that means, let me explain. If we are looking to add a new substance to the list, we first have to go through the draft affirmative procedure with debates and approval by both Houses of Parliament. A statutory instrument then has to be made at the Privy Council and will come into force on a specified date, which is generally 28 days later. Given that the Privy Council generally meets only once each month, and not at all during recess, this means that it will be an additional four to six weeks following the debates in Parliament for a substance to be controlled under the law. In the interim, that means the police have limited powers to tackle those substances and are not able to throw the full force of the law at individuals supplying or possessing those substances, which, as we know, are very dangerous to public safety.

The Bill is very short. Clause 1 seeks to amend the 1971 Act by removing the requirement for an Order in Council so that any amendment to the list of controlled drugs under schedule 2 would require only debates in both Houses under the draft affirmative procedure. Importantly, the clause continues to state that the Secretary of State can act only following consultation with or on the recommendation of the Advisory Council on the Misuse of Drugs. In terms of its impact and effect, the Bill is limited to that area.

Clause 2 is even shorter, providing that the Bill extends to England, Wales, Scotland and Northern Ireland, which is very standard.

The Committee will be pleased to hear that we are not expecting the debate to be too long, and I recommend that all members of the Committee vote in favour of the Bill.

[Cameron Thomas (Tewkesbury) (LD)]

I support the Bill in the context of my liberalism. For years, the Liberal Democrats have campaigned for better access to medicinal cannabis for those who rely on it to manage their symptoms. The current system is too restrictive and necessitates a more compassionate, patient-centred approach to ensure that nobody is left to suffer unnecessarily. The Government should investigate the merits of permitting general practice to prescribe cannabis-based products.

That said, this retired military police officer does not find his liberal values to be at odds with the Bill. In fact, the Bill increases protections for citizens from dangerous substances and simplifies and shortens the control systems set out in the Misuse of Drugs Act 1971.

[Sadik Al-Hassan (North Somerset) (Lab)]

It is a pleasure to serve under your chairship, Dr Murrison. I welcome this Bill, which, in the wisdom of my hon. Friend the Member for Gloucester, sheds light on a system that is not working well and proposes an appropriate fix. As a pharmacist, I am well aware of the problems we have with controlled drugs, and novel and designer drugs that are produced at speed pose a risk to patients. I believe this Bill will do exactly what it says on the tin and help us to control a growing problem. I thank my hon. Friend for bringing us here today.