Nitrous oxide causes significant problems in our communities. As we have heard, it is the third most misused substance among 16 to 24-year-olds, it leads to antisocial behaviour, and the litter associated with it is a blight on our streets, parks and pavements. We know from our own mailbags that our communities are sick of having to literally and figuratively pick up after the problem that nitrous oxide creates. We feel that what the Government are proposing is a relatively minor change to how we approach this, and we do not intend to stand in the way, but I do have a number of questions that I hope the Minister can address.
It has to be said that, as a psychoactive substance, nitrous oxide is already covered by the Psychoactive Substances Act 2016. In practice, that means it is already an offence to produce it, supply it, offer to supply it, possess it with the intent to supply it, import it or export it on a similar basis. The only thing that is not an offence is the possession of it outside custody. That is in practice what will be different as a result of this instrument, so I would say, as I did at the beginning, that this is relatively modest.
I am glad that the Minister has addressed the points relating to the Advisory Council on the Misuse of Drugs, because it is important when the Government diverge from what their independent advisers tell them—which they are of course able to do—that they explain why they are doing so. The Opposition’s view is that we would have given greater weighting to the creation and impact of antisocial behaviour than the ACMD did in its report, which is why taking action is reasonable.
The ACMD did raise other points, and the Minister has covered them to some degree, but I want to get some greater clarity, starting with the legitimate use of nitrous oxide. We heard a couple of answers from the Minister—originally that there would be no change, but later that there would be a follow-up statutory instrument to make sure there is no change. Those two things are slightly different. I think I heard him say that they will come into force on the same day, so there will be no interregnum, but I would be grateful for more clarity if he is willing to say that that is the case.
The ACMD report also discussed a tighter definition of nitrous oxide so that lawful activities are not disrupted. The Minister, in his response, seemed to indicate that he was minded to do that. Could he say what the timeline might be? It also raised the crucial point about the move from the 2016 Act to the 1971 Act, and that the impact of that ought to be kept under review. Can he confirm that will be the case, because we do need to know that this will not excessively criminalise certain groups, especially young people?