That is a legitimate question and a legitimate risk, but I do not see it in the Government’s impact assessment.
There is also nothing about the preventive actions that the ACMD talks about in its report. There is nothing about a public health campaign, education or wider knowledge of the health impacts of the drug, which the ACMD recommends that the Government take forward. There are things such as B12 deficiency, nerve damage, incontinence and erectile dysfunction, but the Government are not promoting a plan of how to disseminate that information to people.
I worry—as do the neurologists who have written to the Government with their concerns about further regulation and criminalisation—about stigmatising people who have used this substance and want come forward and get support. Criminalisation will make them less likely to come forward. By criminalising, the Misuse of Drugs Act dissuades people, particularly women, from coming forward for help. The Government have said nothing tonight or in the impact assessment about whether people are less likely to come forward for medical support for having used the substance if they are criminalised.
Furthermore, if kids are using the drug, what support services do the Government intend to put in place to tackle addiction in that age group? If that is a problem, what is the Government’s specific response for addiction support for young people who abuse the drug? The Minister had nothing to say on that whatsoever.
Let me come to the position of Scotland on this issue. The Scottish Government responded to the ACMD report on the use of nitrous oxide and were crystal clear, saying:
“The Scottish government has and will continue to promote a public health approach, rather than continuing the failed war on drugs. It is our view that banning nitrous oxide will further criminalise people for their drug use, serving only to heap additional harms on vulnerable individuals, our young people and communities while doing little to improve the health of these individuals.”
The point about health is absolutely crucial. The Government have said nothing about the health impacts of the drug and intervening on it. What they have outlined in the impact assessment is the cost. They say, in an incredibly vague paragraph on page 15:
“Total costs across all monetised set up and ongoing costs are estimated to be between £19.6 to £178.1 million…with a central estimate of £67.9 million…over the 10-year appraisal period.”
That is an incredibly wide range. The Government, again, are not explaining exactly why they should pass the legislation. They also say at the top of page 19:
“There is limited evidence available to estimate how nitrous oxide misuse may change following the intervention.”
They want to spend tens of millions of pounds and they do not even know whether the intervention will have an impact.
Framing this issue under the Misuse of Drugs Act does not recognise tackling addiction as a public health issue. It is a public health issue. We cannot arrest our way out of a public health issue. It does not tackle the reasons why people are taking this drug in the first place, not does it tackle supply or public health. The Home Affairs Committee recently concluded in its report on drugs that the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 require reform. The report says:
“We recommend that the UK Government reform the 1971 Act and 2001 Regulations in a way that promotes a greater role for public health in our response to drugs, whilst maintaining our law enforcement to tackling the illicit production and supply of controlled drugs.”
This SI does nothing about production and supply, and nothing about public health.
We are here tonight because the Government have decided that something must be done, and this is something. The Scottish National party opposes this SI and will vote against it tonight. It criminalises people at unclear cost. There is no sense of tackling the source, reducing demand or treating this as a public health issue. It is bang on form—if I may say so, Mr Deputy Speaker—that the Labour party is going along with this unevidenced drivel. In Scotland, we want a humane drug policy. We have a caring and compassionate human rights-informed drug policy for Scotland, but we do not yet have the powers to implement it. Until such time as the Scottish Government have full control over all our powers as a normal independent country, we seek the devolution of drug laws to allow us to deal with them as a public health issue, as they should be.
5.50 pm