Misuse of Drugs Act 1971 (Amendment) Order 2009

I thank noble Lords for their contribution to the debate. There is no doubt that we all agree that drug misuse wastes lives, destroys families and damages communities. We have to face the problem head on. We know that we can succeed in tackling drugs and reducing the harm they bring. In the past 10 years we have seen some progress and notable successes. Drug use is down but we have to be prepared to respond to the nature and force of the problem as the environment changes, and as part of that response we must look to our drug laws. The noble Baroness, Lady Neville-Jones, referred to things such as spice and so on, which are a way for unscrupulous people with shops to get round the drug laws and sell things to people who feel they need them. The noble Baroness mentioned the issue of date rape, which is important, and particularly unpleasant. The ACPO forensic science service and sexual assault referral centres conducted a 12-month study into DFSA, which is drug-facilitated sexual assault—yet more acronyms—in a number of police areas in England. It found that GHB, which is a like drug to GBL, was detected in only two out of 344 cases. It is quite a small number but that does not mean that it is not important. We have to be aware that some of the assessments may not be correct, but it is not as great an issue as we thought it might be. The noble Baroness touched on how long it has taken to do this, and she was a little hard on us. The ACMD recommended control of GBL in August 2008, not 2007. As the noble Baroness alluded to, it was not straightforward because of the number of legitimate uses. We remain committed to protecting people. The consultations had three options, with a view to ensuring a better understanding before moving down that route. We are working with the ACMD to expedite our response when we have better evidence of harm. For example, advice on the synthetic cannabinoids was received in August 2009. We laid the order in Parliament in October and we are debating it now. We may have been a little faster than was said, but I would not be complacent because it is important to act quickly. The people who do these things are willing to move quickly to try to get round all our attempts to protect people. On classification, the ACMD clearly advised us that harms for GBL are equivalent to class C. We accepted that advice in full and the current evidence in relation to societal harms suggests that it is less harmful than some other drugs, but there are still a number of risks. That is why we agreed with its view. We could debate and talk about the issue, but we have made a reasonable assessment. My honourable friend Alan Campbell, the Minister responsible for drug policy, made a commitment in the other House to keep classification of GBL under review, and we will take steps to do so. If we have got it wrong, we will review it. The noble Baroness, Lady Miller, asked what other steps we could take to prevent misuse. There is no simple solution to the misuse of drugs—that is why we need a drugs strategy that encompasses enforcement, education and treatment. Often the education and treatment achieve more, but you must have enforcement as well, not least because of the unpleasant people who push the drugs. When we face the complications of responding to the misuse of a chemical, and the clever changing of chemicals that I can hardly pronounce, it adds to the complexity. However, as the noble Baroness said, we must look at this across the board. I do not know the precise budget of FRANK, but I will write to the noble Baroness. There was concern about the FRANK helpline giving out wrong information. I was aware that this had happened. When these incidents have come to light, we have taken immediate action and will continue to keep an eye on the situation. We cannot take more draconian measures. We continually monitor the helpline and the operators have a clear view of what they should be saying. However, human beings are what they are and sometimes things go wrong. One question touched on paying attention to the ACMD. Since the advisory council was formed, on three occasions the Government in power—whether the Conservatives or ourselves—have not agreed with one of its statements. That is a tiny number when one considers all the recommendations that it has made. Other factors are in play. The council members are scientists who provide brilliant advice. Generally we listen to it, but on occasion there are policy issues that they are not best placed to judge—it is up to Ministers to make the decision. That is correct, and when one looks at the hundreds of recommendations that the council has made and realises that only three times has the advice not been taken, one can see that the balance is about right. The noble Baroness, Lady Miller, touched on concern that chemists change the chemical nature of substances outside the law. That is absolutely right. Pronouncing the names of the substances is difficult enough, and they keep changing them. That is why we are applying generic definitions to control these drugs. Again, we cannot be complacent. This is a dangerous area. However, it is super that we will be able to get hold of the people who run shops for potheads and stop this happening. That is important. I hope that I have answered most of the questions. If there is anything that I have not touched on, I would be happy to come back in writing—but I cannot see that I have missed anything. Approval of this order will help us to ensure that necessary controls are in place to protect the public. We all have the same aim. In particular, what is important is to protect the health of our young people from the harm done by these drugs. Motion agreed.