Misuse of Drugs Act 1971 (Amendment) Order 2009

My Lords, as the Minister said, this draft order will classify various substances as controlled drugs under the framework set up by the Misuse of Drugs Act. On these Benches we support the Motion for approval but we have a couple of concerns about the approach to the classification of, in particular, GBL and 1,4-BD. I have two points to make. The first concerns the length of time that it has taken to classify GBL. It was recognised as a pro-drug of GHB, meaning that when ingested it has similar effects and risks. The class C classification was given to GHB in 2003. In 2007, the Advisory Council on the Misuse of Drugs recommended that GBL should be classified as a controlled drug. However, it has taken a further two years for the Government to get round to that classification and, although I take the Minister’s point about the need to ensure that legitimate use is not impeded, that seems a very long time. I should be grateful to know the circumstances that caused this delay and whether in the future action can be speedier. There is no doubt that during the time this drug has been under consideration but not classified there has been a significant increase in the use of the substance, including, in particular, in date rape cases. It now appears to have a faster onset of action than its related drug, GHB. Therefore, I should be very grateful to know the Minister’s analysis of the speed at which these classifications take place and whether they can be somewhat speeded up. My second point concerns the Government’s decision to treat GBL as a class C drug. There have been cases of sudden death when this substance has been consumed with alcohol and, as I have already said, it has been linked to date rape cases, which is pretty serious from a public protection standpoint. On these Benches we do not consider that treating this substance as a class C drug will provide the required emphasis on either the potential harm or the need for robust enforcement. One consequence of the chaos over cannabis reclassification is the damaging impression that class C drugs are not particularly harmful. The Minister himself mentioned, and I entirely agree, that because it is legal it does not necessarily harm less. I think that there is a mistaken impression that these drugs, if only class C, are not particularly harmful. The situation is not helped by the problems that there have been with the Government’s drugs helpline, FRANK, which, in one case, as the Government admitted, gave out the wrong advice earlier this year about the strength and health effects of cannabis. In the context of this order, it would be very helpful if the Minister could say what steps the Government have taken to ensure that that kind of slip-up does not occur in future, because its consequences can obviously be serious. Does the Minister accept that we are still learning about the potential effects of GBL and that its serious effects are becoming clearer over time? It would be helpful if he could say on what basis the Advisory Council on the Misuse of Drugs and the Government made the decision to classify GBL at the lowest level. Did they, for example, consider the potential harm caused by GBL if it is consumed with alcohol? When the Government announced their decision to reclassify cannabis last year, they said that with, ""doubts about the potential harm that will be caused, we must err on the side of caution and protect the public"—[Official Report, Commons, 7/5/08; col. 705.]" I absolutely agree. Therefore, my view is that we should err on the side of caution when it comes to GBL and that we should take a more precautionary approach than I believe a C classification gives us. The Misuse of Drugs Act is supposed to put in place a flexible framework where, if evidence of greater or lesser harm of a drug emerges, the classification can be changed accordingly. It would be helpful if the Minister could tell us on what kind of basis a review would take place. Will there be continuous review or a time-to-time review? What would be the possible consequences of review? We think that GBL should be classified as a class B drug and not a class C drug. I should be grateful for the Minister’s comments.