Dangerous Drugs

Debate between Dan Poulter and Greg Knight

Tuesday 12th September 2023 Commons Chamber

[Dr Poulter]

I am aware that it takes some time to compile ACMD reports. The reason is that the ACMD likes to look at the evidence in the round. There are a number of issues to look at here, such as harms of use. There is relatively limited evidence and data to suggest that nitrous oxide is substantially more harmful than many of the substances we use daily, such as caffeine. Using caffeine to great excess has very profound and immediate health consequences, as does alcohol. The point was made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) about the Notting Hill carnival and the number of beer cans and other forms of rubbish left there. If we look at the social and health harms of alcohol, which is a legal drug and one that is misused legally, they are considerably more profound than what we are talking about or indeed many other street drugs.

[Sir Greg Knight (East Yorkshire) (Con)]

Can my hon. Friend clarify to the House what his conclusion is on this matter? Is he saying that he opposes the measure, or is he saying that if the measure goes ahead he wants the Government to keep the matter under review?

[Dr Poulter]

If the House divides this evening I will be voting against the measure for the further reasons I am about to outline.

I think it would be helpful to remind the Minister what the ACMD actually said with regard to legislation:

“Based on this harms assessment, the Psychoactive Substances Act 2016 remains the appropriate drug legislation to tackle supply of nitrous oxide for non-legitimate use. There is, however, a need for enforcement of the Psychoactive Substances Act 2016 to be supported by additional interventions designed to reduce health and social harms. Based on this harms assessment, nitrous oxide should not be subjected to control under the Misuse of Drugs Act 1971 for the following reasons”.

Those reasons have been drawn out to some extent during the debate, but they are neatly summarised by the ACMD in its recommendations to the Government in its report.

First,

“Level of health and social harms”,

which is relatively limited, and

“current evidence suggests that the health and social harms are not commensurate with control under the Misuse of Drugs Act 1971.”

Secondly,

“Proportionality of sanctions: the offences under the Misuse of Drugs Act 1971 would be disproportionate for the level of harm associated with nitrous oxide and could have significant unintended consequences.”

Thirdly,

“Impact on legitimate uses: control under the Misuse of Drugs Act 1971 could produce significant burdens for legitimate medical, industrial, commercial, and academic uses. The current scale and number of legitimate uses that stand to be affected is unknown but is estimated to be large.”

I think it is fairly clear that the Government did not carry out a proper impact assessment before bringing this measure to the House.