Psychoactive Substances Bill [Lords]

Steve Brine Excerpts

Wednesday 20th January 2016 Commons Chamber

[Lyn Brown]

I agree that there is much we can do to prevent the supply of, and demand for, these substances. This set of amendments is dealing with demand, and I feel that, unless we get across the message that these so-called legal highs are neither legal nor safe, the demand on the internet will become even greater. We need to get across the core message that the Government are sending through this Bill: these drugs are not legal and not safe. The demand on the internet needs to be curbed as well, which is why we need to make sure that we have proper education and information out there.

Teachers, parents and the Government’s own inspectors think we should have more and better drugs education, but it appears that the Government do not agree. In Wales, a Labour Government show us how successful an alternative approach can be. A £2 million investment in the all-Wales school liaison programme has made substance misuse education a core subject in 98% of Welsh primary and secondary schools. Almost all Welsh schoolchildren receive accurate, consistent and credible information about the potential harms of drugs, rather than having to rely on friends, myths, the internet and guesswork. The school programme is complemented by the Welsh emerging drugs and novel substance project, a new psychoactive substances information and harm reduction programme, as well as measures to educate parents. These are all part of a £50 million investment in reducing drugs harms.

There are signs that the Welsh approach is working. Drug deaths in Wales are down by 30% since 2010. By contrast, drug-related deaths have been creeping up in England. There was a 17% increase in the last year, and the Office for National Statistics states that they are now at the highest level since records began in 1993.

Too much of the drugs education in our schools is focused on providing information. Evidence suggests that to get drugs education right, it has to be taught alongside a focus on the life skills which empower young people to resist peer pressure and make informed decisions.

[Steve Brine (Winchester) (Con)]

It is good to hear from the hon. Lady again; I enjoyed listening to her in Committee. I agree with a lot of what she is saying, and nobody is suggesting the situation is perfect, but we have Mentor UK, the “Rise above” programme and the FRANK campaign, and I feel sure she will come on to say that while of course there is a role for the state and for education and health, there is also a role for parents. I am a parent of two young children, and I intend to educate them as well as I possibly can with the information I have about the dangers of psychoactive substances. Does the hon. Lady agree that that has got to be a key part of this?

[Lyn Brown]

I do so agree with the hon. Gentleman about that. Unfortunately, I have not been lucky enough to become a parent, but I have nieces and I know that what their parents tell them and the information available to their parents is crucial in their making the right decisions.

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[Lyn Brown]

My hon. Friend is absolutely right. Let us look at the context and the evidence. Poppers have been used recreationally in Britain for more than 30 years, and, in all that time, no Government—not one—have sought to ban them. The word “poppers” is used to describe a group of different chemical compounds, some of which carry more potential harms than others. They are a popular substance in some sections of the gay community because, I am told, they enhance sexual experience. The National AIDS Trust argues that amyl nitrite and butyl nitrite are relatively rare in Britain because they are regulated by the Medicines Act 1968 and by EU law. As a result of that regulatory regime, the most common compound of poppers in the UK is isopropyl nitrite, which is weaker and does not pose a significant health risk.

[Steve Brine]

I am glad that the hon. Lady has mentioned the National AIDS Trust. I have read its briefing on this matter today. Poppers have been around for a long time, but they are not controlled by the Misuse of Drugs Act. That is not because they are not harmless, but because they do not meet the very high threshold of that Act. We are debating this Bill now on the Floor of the House of Commons. If we are to bring in a blanket ban, which we have a successful manifesto commitment to do, we should understand that this is a psychoactive substance. Surely the Minister’s response to the Home Affairs Committee report suggests that he will do the research. As she knows, there is provision in clause 3 to enable something to be added to a schedule. Surely, therefore, we are doing this the right way round.

[Lyn Brown]

I do not think that we should be doing this the other way round. I will explain why as I go along. My feeling is that this Bill should be about harms. Poppers have not been controlled by any Government. They have been around for decades—I think they were created in the late 19th century. I understand that they were used by some Ministers to keep them going at the Dispatch Box, and that they were prescribed at the time by their doctors. The reality is that if we ban poppers now and then unban them in four months’ time, it would create confusion. It would be better to allow the current situation to continue. If the test of significant harm is proved, then we should ban them and take them off the exempt list. We will not have created any underground laboratories that make synthetic poppers and then sell them in nightclubs. We will not be causing the harm that we would if we did not put them on the exempt list today.

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[Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)]

I shall speak to new clause 3. First, though, I welcome the constructive approach taken by my right hon. Friend the Minister to engaging with Members on all sides of the House during the passage of the Bill—a constructive engagement which, I believe, has enhanced the positive aspects of the Bill. I am pleased that the broad consensus across the House is that this is an important piece of legislation about public protection.

What we have heard clearly today is a call for evidence-based policy making. That has been echoed in a number of contributions on different amendments and new clauses, and we should all sign up to that. In that spirit, I tabled the new clause primarily as a probing amendment to examine and draw out the Minister’s comments on an increasingly confused law in respect of the medicinal use of cannabis. The existing law is an impediment to research into the effects of cannabis on mental health and general research on the medicinal benefits of cannabis and cannabis derivatives.

[Steve Brine]

I support my hon. Friend. Does he agree that the momentum is with his case? The all-party group on drug policy reform hopes to conduct an inquiry shortly into the medicinal use of cannabis. Its results will be interesting in the context of that evidence base.

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[Steve Brine]

May I echo the words of both Front Benchers about what a pleasure it has been to work on this Bill and to work with Members from the three main parties? During this process there had been complete consensus and we had no Divisions even in the Public Bill Committee; I served on the Health and Social Care Bill Committee in the last Parliament and I am not used to such Bill Committees. It therefore came as a bit of a rude shock when, at the end of this process and like the No. 10 bus, we had three Divisions in a row—

[Paul Flynn]

rose—

[Steve Brine]

I hope the hon. Gentleman will not mind if I do not give way, because two of my colleagues wish to speak and we are going to finish on time. I want to say just three things. Although I do not wish to downplay the importance of the subject, it is unfortunate that we have spent so much time discussing amendment 5 on poppers. All I will say is that it is a hugely important issue, and we need to get it resolved and to move quickly on from it. I really appreciated it when the Minister said “immediately” and “by the summer”. I wrote those phrases down, and, as his former PPS, he knows that I will hold him to his word.

I have been in the House since 2010, and have found that the interest in this subject has been huge. Debates in Westminster Hall and questions to the Prime Minister in the previous Parliament led to the matter being included in manifestos at the general election. Here we are today, and we are almost done with it. To explain why it is important I wish to return to the story of an 18-year-old from my constituency who died at a music festival. She had everything to live for—she was an Army cadet, and a Duke of Edinburgh gold award winner—but for £40 her life was gone. Her dad said at the inquest:

“I always imagined if any harm came to Ellie it would be on a bungee jump, canoeing down a fierce river, or in an accident on a mountain—but nothing like this. She was so sensible. It is an absolute tragedy for our family. It was one act of stupidity that has destroyed a family.”

That says it all about why we are here.

Let us remember that new psychoactive substances are notoriously difficult to identify. Currently, they have to be regulated on a substance-by-substance, or even group-by-group, basis because of the diversity and the speed with which they are developed to replace drugs that are controlled under the 1971 Act. The cruellest danger of the so-called legal highs is that I have seen them sold as “harmless fun” at so many festivals that I happily attend with my friends and, this summer, with my family, and they are of course anything but that.

Do I think that the Bill addresses the problem? I believe so, because it is the blanket ban that we were promised. It is a Bill that we have been crying out for and campaigning for over many years. The current response in Hampshire, which I represent, is built around reducing demand, restricting supply and the use of Trading Standards. Hampshire Trading Standards has tried everything, but it has been unable successfully to secure a prosecution using existing legislation for the sale of NPS by head shops in the county. Instead it has focused on supporting the police using current antisocial behaviour legislation where that can be associated with a problem retailer. It does not take a genius to work out that that is merely fiddling while Rome burns. It is all good work, but, without this legislation, we have been tying our hands behind our backs, and we are now nearly there.

I mentioned head shops. There was one on Stockbridge Road in my constituency and it was still there on Second Reading. I am glad to say that it was closed down last month under antisocial behaviour legislation. My hope is that this legislation will lead to the end of many, many more head shops, as happened in Ireland.

Have we improved the Bill as it has gone through the House? As I said, I sat on the Bill Committee where we introduced, under clause 1, the new offence of possession of a psychoactive substance in the secure estate. That is absolutely crucial, and like the Minister, I share a great deal of hope that that will make a big difference. There is a huge problem in the secure estate right now, and we have a responsibility to tackle it.

In conclusion, this is a very good Bill. It has been a long time coming, and it has been a pleasure to play even a small part in it. It was a manifesto commitment, and we are getting on with delivering it. We are here to do no harm, and to do as much good as we possibly can. As the Minister has said, although the Bill is not perfect, it is a giant leap forward.