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"Dangerous
Drugs" - House of Commons debates reclassification 29/10/0329th
October 2003 The
Parliamentary Under-Secretary of State for the Home Department (Caroline Flint):
I beg to move, That
the draft Misuse of Drugs Act 1971 (Modification) (No. 2) Order 2003, which was
laid before this House on 11th September, be approved. [Relevant
documents: The Third Report from the Home Affairs Committee, Session 200102,
on The Government's Drugs Policy: Is it Working?, HC 318-I, and the Government
response thereto, Cm 5573, together with the Home Office Departmental Report 2003,
Cm 5908, and the Sixth Report from the Northern Ireland Affairs Committee, Session
200203, on The Illegal Drugs Trade and Drug Culture in Northern Ireland:
Interim Report on Cannabis, HC 353, and the Government response thereto, Sixth
Special Report from the Committee, HC 935.] The
order will reclassify cannabis as a class C drug on 29 January 2004. The use of
illegal drugs and class A drugs in particular is one of the greatest scourges
of our times. Drug misuse impacts on the well-being of individuals and families,
as well as striking at the very fabric of our communities. Most hon. Members see
too many cases in their constituencies where drugs have destroyed lives and fed
the cycle of crime, violence and decay. Having been in this job for some months
now, I can say that drugs and the crime connected to them are most prevalent in
some of the poorest and most disadvantaged communities in the country. When
some 250,000 people are hooked on heroin or crack, a group responsible for 60
per cent. of acquisitive crime; where many street robberies are driven by the
urge for money for the next fix; where the presence of one addict can create a
neighbourhood crime spree that leaves dozens of victims and consumes many hours
of police time, this Labour Government are absolutely right to focus on the most
dangerous drugs, to intervene most vigorously in the most damaged communities,
to seek to break the link between addiction and the crime that feeds it and to
reduce the harm that drugs cause by addressing the chaotic lifestyle of those
users who are harming themselves and others.
Mr. Brian H. Donohoe (Cunninghame, South): Is the Minister aware, in respect of
what she presents as statistics, that she is using surveys relating to 16 to 19-year-olds,
when it is 14-year-olds who are most at risk? In taking cannabis, those young
people are 60 per cent. more likely to damage their brain. Have the Government
taken that into account in making these proposals to the House?
Caroline Flint: I can assure my hon. Friend that the Government are considering
and have considered all the relevant evidence. More importantly, we have taken
into account the work of the statutory advisory committee, which provides the
scientific evidence on which to base our decisions. I tell my hon. Friend that
I am acutely aware of the conditions that lead young people to start using drugs,
misuse alcohol and cigarettes, end up with teenage pregnancies or a life of crime.
The Government are taking steps to deal with those problems, whether it be through
sure start; getting money through to the poorest income families or trying to
raise the opportunities and aspirations of those who feel that the education system
does not offer them enough. Those are all part and parcel of trying to give our
children and young people the skills and confidence to assert themselves and not
end up abusing themselves through drugs and, unfortunately, becoming involved
in crime. Educating young people about the dangers of drugs, preventing drug
misuse, combating the dealers and treating addicts are the key elements of the
Government's drugs strategy. Our programmes of intervention bring those arrested
into treatment so that we can begin to break the cycle of committing crime to
fuel a drug habit.
Mr. Martin Salter (Reading, West): Does the Minister recognise that there are
three essential components to any credible drugs policy: enforcement, education
and treatment? If our education policy is not credible and we tell young peoplewhether
they are 14, 15, 16, 17 or 18that all drugs are the same and that there
is no difference between cannabis and heroin or between cannabis and the evil
of crack cocaine, we are doing young people of this country a grave disservice.
Caroline Flint: I thank my hon. Friend for that contribution. We have long had
a system of classification for class A, B and C drugs and our proposals are about
having a more informed view today, in the 21st century, of the comparative harms
that various drugs can do. On that basis, we can have a better dialogue with those
who may be tempted to take drugs and protect them from the worst abuses.
Mr. David Marshall (Glasgow, Shettleston): The order applies to the whole of the
UK, but is the Minister aware of the great concern about it in many parts of Scotland?
Has she consulted Ministers in the Scottish Parliament and, if so, what was their
response? Can she understand why some Labour Members cannot support the order
here today?
Caroline Flint: I totally understand the passionate views on all sides of the
debate. It is a complex issue and a complex area. I assure my hon. Friend that
in talking to my predecessor, consultation was held with Ministers in Scotland
and there was support for the reclassification. Discussions were also held about
Northern Ireland. I appreciate that passionate views are held on both sides of
the House
Several hon. Members rose
Caroline Flint: I hope that if I am allowed to continue my speech, I can elaborate
more fully on why this strategy is the right way forward.
Mr. Graham Brady (Altrincham and Sale, West): The Minister has called for an informed
debate. In that spirit, does she agree and accept that the cannabis that is freely
available today is between 10 and 15 times stronger than that available 20 or
30 years ago? Is it not therefore perverse to be downgrading its classification
in legislation?
Caroline
Flint: I am afraid to tell the hon. Gentleman that the scientific evidence does
not fit his analysis. The evidence of our forensic science unit is that the cannabis
that it has sampled is not stronger than it was some years ago. Many of the statements
made about the strength of cannabis do not fit the facts in respect of the largest
supplies of cannabis that come into this country.
Several hon. Members rose
Caroline Flint: I give way to my hon. Friend the Member for Walsall, North (David
Winnick).
David Winnick (Walsall, North): Although I would rather people did not take cannabis,
it is a fact that many do so without going on to hard drugs. Is not it also a
fact that the last survey undertaken showed that more than 120,000 deaths in a
single year were caused by smoking, in addition to the deaths caused through alcohol
abuse? Should not the people who are condemning what the Minister is suggesting
also take that into account?
Caroline Flint: People take all sorts of substances either in moderation or in
excess, which can create different levels of harm. We are trying to debate the
different levels of harm produced by controlled drugs. As I was telling the hon.
Member for Altrincham and Sale, West (Mr. Brady), the Forensic Science Service
suggests that new growing techniques in the late 1980s and 1990s have led to some
new products coming on to the market with average tetrahydrocannabinol levels
two or three times greater than for other cannabis products. However, in general,
the THC contentthe particular content that affects the strength of cannabisvaries
widely, but much of it does not differ significantly from the cannabis used years
ago.
David Burnside (South Antrim): Does the Minister have any sympathy with a constituent,
a father of young children, who rang me last night and implored me to vote against
this measure? What a bad example the House is going to set to parents who are
trying to protect young children who are constantly targeted at the school gate
in both primary and secondary schools. Does the Minister sympathise with that
example?
Caroline Flint: I have sympathy with all parents who want to protect their children
from the harms that exist in our societywhether it be drugs or other pressures
and dangers that they face along the way to adulthood. However, I say to the hon.
Gentleman that we need to have an honest discussion with our children. We have
to make them better informed. Children and young people talk to each other and
can see for themselves the different effects of drugs, so if we do not conduct
an honest discussion, they will not listen.
I
reaffirm to the House what I said in parliamentary questions earlier this week,
which is that the measure is not about legalisation, but about having a mature
discussion on the relative harms of drugs.
Several hon. Members rose
Caroline Flint: If I may continue with my speech, I hope to elaborate on how the
guidance of the Association of Chief Police Officers will provide greater clarity
on how to police this matter.
John Robertson (Glasgow, Anniesland): Does the Minister not accept that the message
going out to young people is that cannabis is no longer as dangerous as it was
before?
Caroline
Flint: I can tell my hon. Friend that the whole point of having three categories
of classification is to assess scientifically the relative harms of different
sorts of drugs. That was why we examined the various effects of cannabis in comparison
with stimulants and then with class A drugs. I believe that that represents a
credible way forward.
Mr. John Bercow (Buckingham): The annual report of the European Monitoring Centre
for Drugs and Drug Addiction found that 42 per cent. of 15 to 34-year-olds experiment
with cannabis at least once. Surely it must be desirable to break the link between
the soft drug user and the hard drug pusher, so will the Minister undertake to
at least reconsider the arguments for legalisation, taxation and regulated sale
as advocated eloquently two years ago by my right hon. Friend the Member for Hitchin
and Harpenden (Mr. Lilley)?
Caroline Flint: I am afraid that I would not concede that point. We have already
considered the matter. I am aware that some hon. Members want full legalisation,
while some want to maintain the status quo and not reclassify at all. Our evidence
suggests that legalisationthe order is not, as the hon. Gentleman's question
makes clear, about legalisationwould lead to an increase in the consumption
of cannabis. I should reiterate that cannabis taking does cause some harm, though
not as much as other drugs.
Several hon. Members rose
Caroline Flint: I want to make some progress with my speech, which might well
answer some of the questions. I have already taken several interventions. I shall
make some progress and see whether I can give way again later. I want to get to
the end of my speech and I am aware that other hon. Members want to contribute
to the debate.
As
I said, young people are our highest priority. Direct expenditure on tackling
drugs has risen to more than £1 billion this financial year and will rise
to nearly £1.5 billion from April 2005an increase of 44 per cent.
Much of that money will go towards prevention, education and working with young
people to dissuade them from taking drugs, as well as with those for whom drugs
has already become a problem. We have launched the FRANK campaign, using carefully
researched advertising designed to affect attitudes to illegal drugs. The
message is that drugs are not cool and can ruin lives. Education policies are
now in force in 96 per cent. of all secondary schools, and drug action teams have
developed young people's substance misuse plans. The right strategy must use what
works. We must be honest and credible and rely on science, not prejudice. Mr.
James Wray (Glasgow, Baillieston): I used to run a rehabilitation centre. All
those who attended it started on cannabis. Will the Minister explain whether a
child who gives a cigarette to a friend will be committing a crime?
Caroline Flint: With respect to my hon. Friend, there are many reasons why people
start to take drugs, or get involved with them. Many start by smoking tobacco,
or misusing alcohol. I have met a number of drug users over the past four months
who not only use class A drugs, but are also alcoholics. A number of different
issues are involved. The evidence is not conclusive that cannabis is a gateway
to class A drugs. In fact, the evidence is that the vast majority of cannabis
users never move on to class A drugs.
Pete Wishart (North Tayside): The Minister will have seen the recent EU report
that suggests that 35 per cent. of 15 and 16-year-olds have taken cannabis. If
we are to address the problem, we need drugs laws in this country that are credible
to young people and which they can understand and respect. Young people are routinely
breaking the law, and that leads to a lack of respect for law and authority. Should
not we address that as a matter of priority?
Caroline Flint: I am grateful for that intervention, and I endorse the hon. Gentleman's
remarks.
I
have spoken about the underlying themes necessary for securing the right strategy.
Those themes led my right hon. Friend the Home Secretary to announce to the Home
Affairs Select Committee in October 2001 that he was asking the Advisory Council
on the Misuse of Drugs to consider the classification of cannabis under the Misuse
of Drugs Act 1971. The fact is that cannabis use has increased steadily over the
past 30 years, in spite of it being a class B drug. The treatment of all drugs
as equally harmful and dangerous has lacked credibility with young people and
devalued the educational message about its harmful effects, as hon. Members have
noted. Individual police forces have developed disparate policies on the policing
of cannabis possession, based on their own view of the relative seriousness of
the offence. That has led to inconsistency and a lack of proper political accountability.
David Cairns (Greenock and Inverclyde): My point follows on from the intervention
of my hon. Friend the Member for Glasgow, Shettleston (Mr. Marshall). This order
applies throughout the UK, but policing has been devolved to the Scottish Parliament.
Is it the Minister's understanding that the effect of the order will be to allow
the police to free up more time to target drugs such as heroin? In my constituency,
heroin is far more damaging, pernicious and destructive to communities than cannabis.
Caroline Flint: Absolutely. These are the pressures and challenges that face us
as we get to grips with the most vicious outcomes of taking class A drugs, in
respect of both individuals and communities, because of the crime that is thereby
created. Our drugs laws and educational messages to young people must reflect
the scientific assessment of the advisory council if they are to be credible,
convincing and, ultimately, effective. The reclassification of cannabis will help
the Government to convey a more effective and credible message, to young people
in particular, about the dangers of misusing drugs.
Mr. Bill Tynan (Hamilton, South): Will my hon. Friend the Minister comment on
the fact that drug dealers obviously have targets? When the Government take the
decision to reclassify, will not those dealers find it easier to persuade young
people to use cannabis?
Caroline Flint: The message must be clearcannabis is illegal. [Interruption.]
I am sorry that Opposition Members laugh at what is a very serious point. After
reclassification, cannabis will remain illegal, and possession will remain an
arrestable offence. The Criminal Justice Bill raises the penalties for dealing
and trafficking to 14 years. That is a pretty strong message to those who would
encourage young people to take drugs.
Lady Hermon (North Down): I am grateful to the Minister for taking another intervention.
A few minutes ago, she referred to consultations with relevant authorities in
Northern Ireland. I am sure that she is aware that the trade in, and exploitation
of cannabis, by paramilitary organisationsand especially by loyalist paramilitariesfunds
their lavish lifestyles and their military activities, for want of a better term.
Will the Minister say what consultations she had with the Chief Constable of the
Police Service of Northern Ireland, and what their outcome was? I am sure that
it was not in favour of the reclassification of cannabis.
Caroline Flint: I understand that the Organised Crime Task Force in Northern Ireland
is paying a lot of attention to the issue of drug trafficking. As I said in response
to an earlier intervention, the Criminal Justice Bill increases the penalty for
dealing and trafficking to 14 years. That runs alongside reclassification, and
sends a strong message to the paramilitary organisations, gangsters and others
about how seriously we take trafficking and dealing in these drugs. However, I
repeat that we need to send a credible message to young peoplein Northern
Ireland, just as much as in England, Scotland or Wales.
We
want to get across to young people the simple message that cannabis remains illegal
and that it is harmful. That is not helped by some hon. Members, who are attempting
to distort the debate and to dilute that very strong message. Alongside schools,
drug action teams and other bodies, we want to make sure that we make information
available to young people, and that we get it to them. That involves using the
media, and going to places where young people meet. We need them to listen to
the credible message that we want to put across. We do not accept that a high
level of cannabis use is inevitable. We want to make an impact on that usage through
advertising and education, but we need an honest debate as well. We want to begin
to turn young people away from becoming regular cannabis users. Ann
Winterton (Congleton): Does the Minister accept that the result of this honest
debate, which is fairly sophisticated, will fly over the heads of young children?
Recent polls taken among older children in junior schools show that those pupils
believe unequivocally that the Government are not just reclassifying cannabis,
but making it legal. Sophisticated arguments do not wash when it comes to getting
drug prevention measures across.
Caroline Flint: The hon. Lady and others contribute to that confusion. The more
such people say that reclassification is legalisation, the more the message is
distorted.
Ann
Winterton: On a point of order, Madam Deputy Speaker. Will the Minister reconsider
her words? I did not say that reclassification was legalisation. I was asking
her a question and making a point about what young children believed, according
to recent polls.
Madam Deputy Speaker (Sylvia Heal): That is not a point of order for the Chair.
It is a matter for debate, and the Minister will have heard what the hon. Lady
said.
Caroline Flint: I am delighted that the hon. Lady's remark should be on the record,
and I shall make sure that I use it extensively.
My
point is that young people form their views about our drug laws according to the
messages that they receive from people in positions of responsibility. Unfortunately,
the view has been expressed continuallyI have read it myself, and heard
hon. Members repeat itthat reclassification is somehow about legalisation.
We must work hard to deal with that, but young people know about drugs and they
know people in their communities who take drugs. They may have rather more information
than we might consider appropriate, but they are informed by their peer groups.
We cannot attempt to influence young people if we do not have a credible message.
Angela Watkinson (Upminster): The Minister has been generous about giving way,
but does she accept that downgrading cannabis from class B to class C will lead
to an increase in use? Does she agree that, because of its gateway properties,
the use of cannabis will in due course lead to the greater use of hard drugs such
as cocaine and heroin?
Caroline Flint: I do not think that the evidence for that stacks up. We should
view the position as it currently is, and drug use has increased. That applies
to class A and class B drugs. We have not had a strategy that has worked, and
in particular we have had no strategy to which young people are prepared to listen.
That is what we are trying to deal with.
As
I said earlier, I believe and the Government believe not just that we need better
information and education, but that reclassification will provide an opportunity
to introduce a consistent and properly thought out regime for the policing of
cannabis in line with its status as a class C drug. As I also said, we have introduced
proposals in the Criminal Justice Bill to retain the power of arrest for the possession
of cannabis; but following extensive debate during the Bill's passage through
this House and another place, the Government have agreed to table an amendment
providing for the power of arrest not to apply to other class C drugs such as
tranquillisers and anabolic steroids. Over the past 18 months, the Association
of Chief Police Officers has worked hard to compile guidance for forces on the
policing of cannabis. It published the guidance on 12 September. I pay tribute
to the constructive way in which it approached its task, and to the end result,
which is very clear and straightforward. Under
the guidance, which applies to all persons aged 18 and over, there will be a presumption
against arresting a person who is found in possession of cannabis. A police officer
may, however, arrest when a person is smoking in public view, when a person is
locally known to have been repeatedly dealt with for possession of cannabis, when
there is a locally identified policing problem or when the person in possession
is in the vicinity of a school or other premises used by young people. It is important
for people to read that guidance, and to see how clear and straightforward it
is.
Mr. Mark Oaten (Winchester): Can the Minister justify the treatment of class C
drugs in a different way when it comes to arrest?
Caroline Flint: We considered the way in which the other class C drugs are used
and provided. Having listened to the debates here and in the other place, we felt
that the issue was not clear-cut enough for those drugs to be included in the
same category as cannabis.
The
ACPO guidance provides for people under 18 to be dealt with under the statutory
warning scheme set out in the Crime and Disorder Act 1998. In most cases a formal
reprimand will result for a first instance of cannabis possession. It will be
administered at the police station. That is very important. We want to engage
young people who are using illegal drugs such as cannabis, in order to establish
whether there is any misuse problem. Over
the past few months, I have been pleased to observe how, through arrest referral,
the police on the front line are working with their drug action teams and referral
workers to tackle issues related to arrest and charge. Expertise shared with the
police and others will make it possible to establish whether a young person has
an underlying problem that needs to be investigated, and whether that person needs
to be referred for appropriate help. The
proposed policing regime must not be misinterpreted as toleration of unrestricted
public use of cannabis without consequences. It is not, as one Member suggested,
a "baby step" towards legalisation. The overall regime for policing
cannabis possession will ensure that action is properly taken by the police against
someone who is causing a problem or who needs help, while avoiding the needless
charging of large numbers of young people. It makes sense for parents as well
as law enforcement. The
regime will also enable the police to redeploy their resources for the tackling
of more serious offences, including dealing in the class A drugsheroin and
crack cocainethat do the most harm. Last year's Lambeth experiment provided
good evidence that when police resources are deployed to key priority areas, results
can be achieved. During that pilot, the number of arrests for class A dealing
offences increased by some 10 per cent.
Kate Hoey (Vauxhall): I thought the Minister might get round to the Lambeth experiment
at some point. In fact, were not more people attracted to hard drugs because of
a feeling that there was no policing in relation to drugs generally? People who
were not normally likely to be in contact with hard-drug criminals were put in
contact with them because of their easy access to cannabis.
Caroline Flint: Many issues arose during the Lambeth experiment. As I hope my
hon. Friend recognises, it led to a lot of joined-up discussion among a number
of people and agenciesMPs, local authorities, the drug action teams, police
and othersabout how to tackle drug misuse in communities. The ACPO guidance
has given us a clearer understanding of how cannabis use in particular can be
better policed and dealt with.
Dealing
in any illegal drug remains a serious crime. I have already mentioned an increase
in the maximum penalty for dealing in a class C drug from five to 14 years' imprisonment.
The penalty for dealing in cannabis will remain at its current level following
reclassification. There
are many different views in the House on the correct response to the cannabis
issue. Some Members advocate complete legalisation, arguing that it would cut
the link between young users and criminal dealers. As I said earlier, the Government
believe that that would inevitably lead to a massive increase in the use of cannabis
and in health problems. Others believe that cannabis should remain a class B drug,
arguing that it is a gateway to class A drugs, that it is smoked in higher concentrations
than it was 20 or so years ago, and that it may be linked to mental illness and
lung cancer. There has been a huge debate on those issues. The
issue of whether cannabis is a gateway to class A drugs has been debated for many
years. The Advisory Council on the Misuse of Drugs looked at that and concluded
that no causal link had been established, since many other factors act as gateways.
I said a bit about that earlier in my speech. As for the suggestion that cannabis
smoked today is up to 20 times as strong as that smoked 20 years ago, I have already
pointed out that that does not match the evidence that the Forensic Science Service
has analysed from cannabis seizures. Research
on a possible link between cannabis use and the development of mental illness,
particular schizophrenia, was published in the British Medical Journal as recently
as last November. The advisory council considered the issue in depth, but concluded
that no clear causal links had been demonstrated. On the other hand, the council
believed that cannabis use could unquestionably worsen existing schizophrenia.
It will continue to monitor any research developments, but it is important to
distinguish between worsening and causing mental illness. Mr.
Gordon Prentice (Pendle): Will my hon. Friend give way?
Caroline Flint: I want to continue my speech, as I am conscious of the time that
I have already taken up. [Hon. Members: "He is on your side."] In that
case, I may change my mind.
As
for the possible link between cannabis use and the development of lung diseases,
clearly the smoking of any substance is potentially dangerous and a real health
risk. However, those who seek to draw inferences from the number of premature
deaths caused by tobacco smoking need to be very cautious. While the smoking of
cannabis is undoubtedly harmful, it should be borne in mind that in general cannabis
users smoke fewer cigarettes per day than tobacco smokers and that most give up
in their thirties, thus limiting the long-term exposure that we know to be the
critical factor in cigarette-induced lung cancer. Paul
Flynn (Newport, West): Will my hon. Friend give way?
Caroline Flint: No, I will give way to my hon. Friend the Member for Pendle (Mr.
Prentice).
Mr. Prentice: I am grateful to my hon. Friend.
I
am interested in the therapeutic use of cannabis. It was available to doctorsin
the medicine chestbefore 1973. Many people out there take it because conventional
medicines do not relieve their pain. What advice will the police be given when
they find someone taking therapeutic cannabis?
Caroline Flint: My right hon. Friend the Home Secretary agrees that we need to
work on that. We are currently awaiting the outcome of scientific research into
whether cannabis can be used medicinally to alleviate pain. We shall have to deal
with the issues as they arise, certainly in the context of policing.
No
approach to the drugs problem is simple or problem-free, but I hope that the strategy
I have outlined will provide the best possible opportunity to introduce credibility
to our drugs education, sharpen our messages about cannabis and give priority
to law enforcement and treatment directed at class A drugs. The strategy has widespread
support, not just from the Advisory Council on the Misuse of Drugs and the Home
Affairs Committee but from the police and all major organisations that work with
drug misusers. I
commend the changes proposed in the order, and hope that the House will support
it.
2.19 pm
Mr. Oliver Letwin (West Dorset): The motion is, in practice, only part of the
jigsaw that the Government have constructed. The purpose of the jigsaw is clear:
to get to the point at which there is crypto-legalisation of cannabis, in the
sense that most young people will be only marginally deterred from taking it.
They may be arrested, and they will be warnedand the warning will be that
if they are subsequently arrested they will be warned. At the same time, the Government
intend to strengthen the prohibition on the sale of cannabis, or rather to retain
its present strength. The Minister made it clear that that is the admitted effect
of the policies that she announced today. I recognise the force of the arguments
of my right hon. Friend the Member for Hitchin and Harpenden (Mr. Lilley). We
may hear the same thing from the Liberal Democrat Benches in a moment. It is perfectly
plausible to argue that there could be a significant beneficial impact by doing
what my hon. Friend the Member for Buckingham (Mr. Bercow) referred to a moment
ago, namely, taking cannabis outside the field of drug dealing by hard drug dealers,
legitimising it properly and allowing people to buy it under regulated conditions.
I do not favour that policy, but I understand the rationale for it. It is also
possible to argue that we should try to prevent young people from taking cannabis
by doing what is done in Swedentrying to take more effective measures to
deter young people from taking it.
The
policy that the Minister announced today is neither of those two things. It will
have a clear effect, which relates to the questions about the gateway. I am not
making an argument about whether cannabis as a substance, in any of its forms,
is in principle a gateway drug. I accept the Minister's point; my experience,
too, is that people with addictive personalities, who are on heroin, crack or
cocaine, have typically moved through a cocktail that began with tobacco and alcohol
and went on through cannabis, amphetamines and many other things. I am not making
the argument that cannabis as a substance is more of a gateway than any of those
other drugs but, and this is the critical flaw in the Minister's logic, there
can be no doubt at all that if the only legal way to obtain cannabis in England
is through buying it from a person who is, ipso facto, a very serious criminalthe
Minister is ensuring that anybody selling the substance is exposed to a maximum
sentence of 14 years, making the crime equivalent in its severity to some of the
worst crimes currently committedthe Minister is putting young people in
touch with very serious criminals[Hon. Members: "No."] She is.
If the Minister makes it the case that young people believe that she is crypto-legalising
the substance and that they cannot obtain it except from a serious criminal, she
is taking steps that irresponsibly ensure that a larger rather than a smaller
number of young people will be in touch with serious criminals.
John Mann (Bassetlaw): Will the right hon. Gentleman give way?
Mr. Letwin: I will in a moment, but not until I have finished the logic.
The
purpose of those serious criminals will be to drag those vulnerable young people
upwards from cannabis to the hard drugs in which the money can be made[Interruption.]
Yes, it will. The hon. Lady for some part of Lambeth[Hon. Members: "Vauxhall."]
Forgive me. The hon. Member for Vauxhall (Kate Hoey)I am her constituent
so I should knowwas right to point out that the evidence of the Lambeth
experiment was that serious criminals moved into the area in an effort to drug
people up from cannabis into hard drugs. There is no escape from that reality.
John
Mann: Is not the right hon. Gentleman living in the past? There has been an increase
in hydroponically grown cannabis. Estimates made in Australia by Hemp Embassy,
major protagonists of the legalisation of cannabis, are that 80 per cent. of cannabis
is hydroponically grown, and that the vast majority of that is grown by people
in their homes for their own supply. Health is the issue for the vast majority
of people, rather than the buying of cannabis from so-called drug dealers.
Mr. Letwin: I fear that the person living in an unreal world is the hon. Gentleman.
I know that he shares my passion about hard drugs, and if he were to go to our
inner cities[Interruption.] The hon. Member for Rhondda (Mr. Bryant) says
that he does not know what I mean. I mean that the hon. Member for Bassetlaw (John
Mann) shares my passion to do something to get off hard drugs the many young people
whose lives, and the lives of those around them, are being destroyed by them.
We share that ambition, but the hon. Gentleman is living in a fool's paradise
if he believes that it is not the case that large numbers of very serious criminalsmade
very serious criminals by the Government's legislationwant to sell cannabis
to people in order to lead them into the hard drug world. That is a fact which
cannot be denied.
The
House's purpose should be not to deny that fact, but to argue about whether the
Government's policy makes sense, and it certainly cannot make sense to let young
people be led in that direction. I do not know by how much the legislation will
do that, and nor does the Minister. We do not know how far the guidelines and
their effects on police behaviour will lead young people to take more rather than
less of that substance, but we know that that must be the direction and that much
of the cannabis will be sold by serious criminals who are engaged in hard drug
dealing. The tendency, therefore, will be for more rather than fewer young people
to be led into hard drugs.
John Mann rose
Mr. Letwin: I will take the hon. Gentleman's intervention, although there is still
another step in my logic.
John Mann: The right hon. Gentleman suggested that we should go to the inner cities.
I have not done that, but I have visited my own community. I have spoken to 16-year-olds
in all the schools in my constituency and I have talked to at least half of the
current heroin users. They outline a straightforward position: five years ago,
and before, people bought cannabis and heroin from the same dealer, but now they
do not. People do not buy cannabis from heroin dealers or pushers but from different
people. Indeed, on health issues, a great deal of cannabis is not even being soldit
is being given away. Many young people are producing it at home and giving it
to their friends.
Mr. Letwin: I think that the hon. Gentleman knows that he is not describing the
only pattern of activity. The fact remains that hard drug dealers are still in
the business of selling cannabis. Even if his suggestion were right, he would
have to explain how it could be rational that the young people he has just described
would be subject to a maximum term of imprisonment of 14 years for that activity.
The Government are turning those young people into very serious criminals. The
hon. Gentleman cannot escape that fact. The Government's policy is a dreadful
muddle. Why have the Government introduced this policy? Do they deny the
logic that I have described? Before the debate, I thought that might be possible,
but the Minister has told us that legalisation would increase use. How, then,
can she suppose that crypto-legalisation will not, to some degree, also increase
use? Before the debate, I thought that the Minister would take the view that,
under the proposals, people would not feel that they were routinely breaking the
law. However, she has told us that young people are routinely breaking the law
at present and that she intends cannabis to remain an illegal substance. She is
saying that she is legislating in such a way that when young people buy, possess
or take cannabis they will know that they are acting illegally. She knows that
she is turning the people who sell the drug to them into serious criminals. She
does not deny a single step of my logic, so what is the point of the policy? Why
do not the Government introduce either proper legalisation of, or a proper clampdown
on, cannabis? Why this muddled middle?
I
do not specialise in saying such things about my political opponents, but in this
case I think that the Home Secretarywho has chosen not to attend the debate
for reasons that only he can tellis seeking spurious, short-term popularity.
The
polling evidence shows that the Home Secretary is on to a winner and that this
policy is popular. Considerable numbers of our fellow citizens believe that selling
the stuff should be highly illegal and almost equal numbers believe that not too
much should be done about people who are buying the stuff. The Home Secretary
is in line with current public opinion, and I think it is for that reasonI
can find no other explanationthat he has chosen to adopt this tactic. That
is not a responsible way to conduct the government of this country. We should
not have, in a country like ours, a Government who adopt a policy about a matter
like this on the basis of seeking spurious short-term popularity. We should consider
the fate of our young people. Tom
Levitt (High Peak): We have had this debate for countless decades. There have
been endless reports. Does the right hon. Gentleman accept that the Runciman committee,
the Home Affairs Committee and the Advisory Council on the Misuse of Drugs all
made this recommendation? How many more committees must we have before we make
a rational decision based on scientific evidence?
Mr. Letwin: I do not think that a thousand committees will ever diminish the fact
that when this orderI realise that the Government will use their majority
to get it throughand the accompanying legislation have gone through the
two Houses of Parliament, young people will be enticed to buy more, or more often,
a substance from dangerous criminals, and they will then be led into hard drug
use. That is not a rational policy and no number of committees will persuade me
that it is.
Mr.
Gordon Prentice : The right hon. Gentleman has not read the report.
Mr. Letwin: Of course I have read the report.
Mr. Oaten : The right hon. Gentleman has given us a critique of the system and
outlined all the problems, but he has not once said what the Conservative party
would do to tackle the issue.
Mr. Letwin: I apologise to the hon. Gentleman and the House if that is not clear.
I have made my position clear. I believe that there are two rational possibilities,
one of which
Ian Lucas (Wrexham): Which is the right hon. Gentleman's?
Mr. Letwin: I will say which in 15 seconds, if the hon. Gentleman can contain
himself.
There
are two rational positionsone is total legalisation and the other is a Swedish-style
effort to prevent use. I prefer the latter. If I need to spell it out, that means
that I believe that Sweden is rightthat it has a better policy than the
Netherlandsbut I accept that either of those positions can be argued for
rationally, and the Government's proposals are the sole middle ground which cannot
be argued for rationally. Indeed, the Minister put up no rational defence of it;
she was all over the place. I continue to believe that the Home Secretary does
not want to make the argument because he does not have an argument. What he is
seeking is short-term popularity, and that is a very bad thing.
David Winnick: Will the right hon. Gentleman give way?
Mr. Letwin: I was about to end my speech, but I will of course give way to the
Chairman of the Committee.
David Winnick: I am grateful. If it is only the Home Secretary and his team who
are in favour of these proposals, why is it that when the matter came before the
Home Affairs Committee and the Committee divided on the motion:
"We do not, therefore, support the Home Secretary's proposal to reclassify
cannabis as a class C drug"
only
one Conservative Member, the hon. Member for Upminster (Angela Watkinson), who
has just put her hand up, voted for it? The other Conservative Members did not.
If there is no logic in what the Home Secretary is doing, why is it that not all
the Conservative Members on the Committee voted with the hon. Lady for that motion?
Mr.
Letwin: The hon. Gentleman will obviously have to ask them, not me. I am very
clear in my mindand I think that over time the British public will be very
clearthat this is not a sustainable system. There are hon. Members in the
House who see this as a stepping stone on the way to full legalisation. I can
understand their logic, although I think that the number of young people who will
suffer on the way is intolerable. However, the Minister does not even make that
argument. She has not even made the argument that this is the greatest political
courage the Government can currently summon up on their way to full legalisation.
I think that she has not made that argument because the Home Secretary does not
believe in itI think that he believes that this is a resting point, and
a popular resting point. That is irresponsible. Several
hon. Members rose
Madam Deputy Speaker: Order. Time for the debate is limited and many hon. Members
are hoping to catch my eye. I remind hon. Members that Mr. Speaker has imposed
an eight-minute time limit on Back-Bench speeches.
2.34 pm
John Mann (Bassetlaw): If I were to be persuaded by one of the argumentsI
am sad to see that, entirely inappropriately on an issue such as this, there are
three-line Whips all round the placethe Government's argument is not the
one that would persuade me.
I
remind myself that in any vote in this place it is important to look at the text
and the substance of the vote rather than the arguments posed, and at the heart
of this debate is the question, why cannabis? Why is there this obsession with
cannabis? I surmise that probably it is because it is the only illegal drug that
a majority of Members have sampled in the past and therefore feel most competent
to speak about. However, cannabis is not the only drug used by Memberstobacco
is used far more widely, and I confidently predict that the main drug that will
have been misused by Members is alcohol. The
Swedish policy on drugs for young people is straightforward. It does not differentiate
in any way between behaviour in respect of alcohol or of cannabis, because the
health risks are increasingly evident, and are great, from both. Where the Government
have failed, with a good opportunity
Mr. Julian Brazier (Canterbury) rose
John Mann: I wish to develop my argument, but then I will give way.
The
Government have failed to take the opportunity to reclassify all class B drugs,
not just cannabis. There is no logic that says that amphetamines and methamphetamines
should be class B rather than class A. They are the main drugs in respect of criminal
behaviour and hard drugs in Australia, South Africa and New Zealand, and they
are spreading across America. Therefore, they should be in class A. That
codeine is a class B drug is also nonsensical. The main problem with opiates in
New Zealand comes from over-the-counter codeine-based prescription drugs that
people then bake and turn into morphine. The Government and their advisory council
have got themselves into a bit of mess, and a presentational mess, by picking
out cannabis as opposed to all the class B drugs, and instead of reclassifying
and removing class B drugs. We
should have three classifications of drugs. The first should be hard drugsdrugs
that in themselves will seriously damage health and may kill, and the taking of
which leads to criminal behaviour. For example, the taking of amphetamines and
crack cocaine leads to a range of criminal behaviours, including violent crime.
With heroin, because of the nature of the addiction, the result is acquisitive
crime. That should be the first classificationhard drugs that lead to both
ill health and crime. The
second classification should be illegal drugs such as anabolic steroids. In the
headlines tomorrow and in the playgrounds of Britain, the talk will be not about
cannabis, but about another class C drug: anabolic steroids, and the decision
made or not made by the Football Association today on the use of, or the avoidance
by top sportsmen of testing for, anabolic steroids. We call those drugs class
C at the moment. They should be, and can be, called soft drugsthe taking
of which does not lead to criminal behaviour, but will cause a serious health
problem. Cannabis is onethe new and hydroponic forms of cannabis, skunk
in particular, even more so. Anabolic steroids, and things like codeine, should
similarly be class C drugs. The
final classification of drugs should be tobacco and, in particular, alcohol. Tobacco
kills millions, and alcoholwhich, in terms of drug misuse, causes greater
policing problems and probably greater criminal activity than any other single
drugis, of course, misused more by Members and by the general public than
any other drug. Those
should be the three classifications, and the Government should get out of the
muddle of having classes A, B and C by removing class B.
Mr. Brazier: I am grateful to the hon. Gentleman for making his case. He has accidentally
misled the House about the position in Sweden, where they take a tough line on
alcohol abuse, as he said, and on binge drinking. They also regard all cannabis
taking as illegal, while the moderate and sensible consumption of alcohol is legal.
The Swedish model seems very successful to Conservative Members.
John Mann: For young people, the Swedish model is the same as that in this countrythe
taking of alcohol by young people is illegal. As regards health, in Sweden they
have in-patient detox. Conservative policy on rehabilitation is based on the Swedish
model. Regardless of whether it is cannabis, alcohol or any other drug, if people
are taking drugs irresponsibly and have health problems they are automatically
sectioned. They are put into detox centres compulsorily and treatment follows.
That
is a good model and we could develop it here. It will be difficult to sell to
the British people the idea that young people who are falling over in the streets
because of excess alcohol consumption should be treated on an in-patient basis
for five days in a secure detox centre. We are a stage away from taking the general
public with us. An
improved classification of drugs that identifies alcohol as a major problem along
with other drugs is fundamental. Pete
Wishart : Does the hon. Gentleman accept that we should be expanding the classification
of bands of drugs? Does he share my concern that when ecstasy is a class A drug
along with heroin and cocaine, that exaggerates the danger of taking ecstasy while
diminishing the danger of heroin and cocaine? We must have a classification system
that is credible to young people. The hon. Gentleman has forgotten that in his
equation.
John Mann: We need to have a system that is credible to young people, but an expanded
litany of classifications will confuse them. I have talked to young people in
my constituencyit is not just 40 or 50 per cent of them using cannabis;
in most of the schools in my constituency recreational use of cannabis is 100
per cent. among 16-year-olds. It is the main drug of recreational use, even more
than alcohol. The reason is the price. At the moment, it is much cheaper than
alcohol and much more easily available. That has some serious health consequences,
and it is the health issues that we need to address.
Will
we treat young people as fools? There are 600 heroin addicts in my constituency.
I have mothers whose sons have died from overdoses and constituents whose brothers
have hung themselves because of heroin. I am not soft on drugs. We try to suggest
to young people that these drugs are all the same and that they should say no
to drugs. Say no to which drugs? We do not mean alcohol, because that is legal
at 18. The problem is that drugs will create health problems, and some drugs will
create far more than that. That is why in my constituency there are 600 heroin
addicts whose lives have been ruinedalthough increasing numbers are in treatment,
I am pleased to say. There were 12 deaths from overdoses last year, there are
mothers who fear the deaths of their sons, and there are individuals who fear
for their own health and lives and who do not see such a separation or difference
in the drugs market. We
need to separate the drugs market in people's eyes. That is not a weakening of
drugs policy. I appeal to my colleagues who are thinking of voting against that
model to look at the detail and think of the precisionrather than a weakening
of drugs policy, it is a clarification and a strengthening. If we can move on
from our obsession with cannabis, we can deal with the fact that treatment for
those addicted to class A drugs remains wholly inadequate compared with the rest
of the world, and we are only slowly getting people into effective treatment.
I
will not take up the time of the House. I will write to hon. Members to expand
on my views and my experience of how what we are doing in Bassetlaw with a GP-led
treatment procedure is beginning to work. That is the model that should be used
in the rest of the country. That should be the mainstay of drugs debate in this
House.
2.44 pm
Mr. Mark Oaten (Winchester): I will try to be brief as a number of hon. Members
wish to speak. It is a pity that we have only an hour and a half to debate such
a fundamental issue, because we could have expanded many of the arguments during
a longer debate. That said, I welcome today's opportunity because the Liberal
Democrats have argued for many years that we should at least have a grown-up debate
on drugs in this Chamber. I welcome the fact that the Government have decided
to move away from focus groups to an evidence-based approach, having heeded the
work of the Home Affairs Committee, the advisory groups, and the Runciman committee.
Our view is that although there are issues about the way the Government plan to
operate the process, we will support them this afternoon because what is on offer
is a step in the right direction. The Liberal Democrat party has been a lone
voice for far too long arguing that drugs policy should be reconsidered and, over
the years, we have received horrendous press headlines when we have talked about
the subject. At last the Government now seem prepared to face up to some of these
hard issues, as do many Conservative Members, in particular the right hon. Member
for Hitchin and Harpenden (Mr. Lilley), who has very progressive views. It is
members of the public, not politicians, who also need to face up to those issues.
Five or 10 years ago, they may not have been prepared to consider decriminalisation
or legalisation but now they are very engaged with the problem indeed. I am talking
about parents in particular. They do not want to be hard on drugs; they want the
right policy in place to tackle what they see as a growing problem.
The
extent of that problem has been acknowledged by the report of the European drugs
monitoring centre, to which reference has already been made, which shows that
this country has the biggest problem in Europe, but that we also have some of
the toughest laws. Clearly, our policy is not working. That is why I say to the
right hon. Member for West Dorset (Mr. Letwin) that it is important that we engage
in this debate. The status quo is clearly not satisfying the public demand that
we should tackle the issue and that approach is causing major difficulties on
the streets. The
Minister's remarks are important because she stressed that the proposed change
does not represent a softening-up on drugs. That is important for two reasons.
First, we have to send a strong message that if we reclassify, the gain to be
had is that we will get much tougher on the harder drugs and the dealers. That
strong message must come through. It must be coupled with strong education aimed
at our youngsters about the harm caused by harder drugs. Secondly, we should not
allow this to be seen as a green light for taking cannabis. It is important that
we get that message across, too. The Liberal Democrats support that approach.
Mr. Letwin: In the light of what the hon. Gentleman said about an evidence-based
approach and the growing problemthat is common groundwill he agree
that there is something wrong with his policy if cannabis and hard drugs use is
increasing rather than diminishing two or three years after the proposals have
been enacted?
Mr. Oaten: Absolutely. I have no problem with that. We have learned from the approach
that has been taken in Lambeth and that has informed this debate. Similarly, we
will want to learn from this experiment. I think that there could be a number
of outcomes. As has been said, moving towards some form of legalisation may be
the way forward. The evidence may well suggest that we have all got it wrong and
we need to think again. One option that is not acceptable is a do-nothing approach.
However, I certainly support the idea that we should reconsider the matter in
two years' time. On a cautionary note, which contradicts the approach that
the Liberal Democrat party has taken, there is a slight danger of our taking a
middle-class approachthat of The Guardian or The Independent reader. On
some estates and in some areas the arguments that are being propounded do not
make any sense.
Three
years ago, I spent 24 hours in a drug rehabilitation centrenot for personal
reasons, but because I was interested. I went in my jeans and T-shirt and I slept
the night. No one knew who I wasone of the advantages of being a Liberal
Democrat is that one can go under cover. None of the 17 folk I chatted to, who
had serious drugs problems, favoured the legalisation of cannabis or relaxing
the law on cannabis. I had gone in there with my cosy and comfortable upbringing,
thinking that that was the solution. I left with some serious doubts and I have
struggled with them. However, I have looked at the evidence and I have listened
to some of the arguments that have been put forward. I have come to the conclusion
that this re-classification is a step in the right direction. I
want to consider some of the arguments. Let us deal first with the critical argument
about whether the proposal will result in a redirection of resources to dealing
with hard drugs. The Minister could have told us more about that, and I would
have welcomed hearing more about how the Government want to redirect police time.
We did not hear enough about that. At the moment, 40,000 individuals are apprehended,
which involves a lot of police time. If there is a fall in the number of those
apprehended, where will the resources then be spent? In
Lambeth, for example, there was a 44 per cent. increase in arrests for cocainegood
newsand a 10 per cent increase in tracking trafficking, good news. If that
can be replicated across the country, the policy change will have been a good
move. About 85 per cent. of residents in Lambeth supported such a change[Interruption]the
hon. Member for Vauxhall (Kate Hoey) should let me develop this pointbut
there were some difficulties. Certain individuals came into the area, and there
was some increased drug use. It seems to me, as a layman, that that happened probably
because it was a pilot site and that there would not be a flood of such individuals
going to a certain area if the proposal were rolled out nationally. Research
done by Rowntree shows that it believes that the police time spent on dealing
with cannabis costs about £50 million, which represents about 500 full-time
police officers. I should like to hear from the Minister how the Government intend
to shift those resources to get tough on harder drugs. Let
us briefly deal with whether such a change will act as green light and increase
the number of individuals using cannabis. At the moment, about half of 16-year-olds
have tried cannabis at some time, so we already have a bad situation. If that
figure was perhaps 10 or 15 per cent., there would be some interest in arguing
that the change would send a green light and there would be a flood of yet more
individuals taking cannabis. However, we seem to have a problem already, and it
is unlikely that the change will increase usage. In fact, lots of the evidence
from other countries shows that reclassification does not significantly increase
the number people who suddenly decide that they will take cannabis. Let us
touch on the health issueand we all know the arguments that have been made.
It is not my place to consider in depth the scientifically based evidence, but
I am happy to buy it, and I am pleased that the Minister acknowledged some of
mental health concerns. However, we need more research on that issue. Caroline
Flint: I understand that there will be no winding-up speeches, so I will take
a note and get in touch with the hon. Gentleman, but it is our absolute desire
that such work will concentrate on class A drugs. That is why we are tackling
the criminal justice interventions programme and identifying those people who
commit crime who have a class A drugs problem, so that we can break that cycle.
We will monitor what happens after reclassification and work with police forces
and the crime reduction and disorder partnerships to ensure that we get some results
on which we can report.
Mr. Oaten: I am grateful to the Minister for that intervention because that evidence
is crucial if we are to persuade the public that this is the right shift.
I
have most difficulty with the gateway argument. I entirely understand the concerns
that hon. Members have raised about access to dealers. I too struggle with that
issue. Again, the evidence suggests, however, that about 50 per cent. of cannabis
used is home grown, so the exposure to dealers is becoming limited. We need to
consider two key arguments to tackle the gateway to drugs. First,
we can reduce the move to the next, harder drug by using this opportunity to have
a serious, mature and grown-up debate with youngsters about the harm done by those
drugs, so that youngsters then fear them. We can have that debate because if we
are prepared to be honest and upfront about the dangers associated with cannabis,
youngsters are more likely to believe us when we talk about some of the harder
drugs. Again, evidence from the Netherlands suggests that that gateway to harder
drugs has just not materialised.
Dr. Brian Iddon (Bolton, South-East): I refer the hon. Gentleman to an excellent
research document, produced by DrugScope, entitled, "Cannabis and the Gateway
Hypothesis", and I shall read this paragraph from that document:
"Gateway theory is often misunderstood. It is not about cannabis leading
to harder drugs, it is about common profiles, environment, experience and access."
Mr. Oaten: I entirely agree with the hon. Gentleman. I met representatives of
DrugScope on Monday, and they made that very point to me. Having supported
the thrust of the Government's proposals, I want to probe them a little moreI
accept that the Minister may not be able to respond formally, but I would appreciate
a response in writingabout why they have decided to link reclassification
with changes to the power of arrest and sentences. At no point did the Select
Committee on Home Affairs suggest that the proposals should be linked with new
powers of arrest or increased sentences. In fact, that was not mentioned in the
Government's drug strategy and, as far as I am aware, the Government have consulted
no one about that, other than the police. That is an error because there are knock-on
consequences. Liberal Democrat Members are concerned that those changes will
send a very confused, mixed message and that that will lead to the police taking
all sorts of different approaches. Frankly, if there is a gain as police time
is shifted to dealing with harder drugs, I am concerned that we will lose some
of that gain by maintaining such powers of arrest and, indeed, increasing them.
I do not understand why the existing powers, under which people who are found
unlawfully in possession of a class C drug can be warned, cautioned or issued
with a summons to appear in court to face charges of unlawful possession, are
inadequate. The police can confiscate the substance. On conviction, those individuals
face a maximum penalty of two years in prison for possession, or five years in
prison for supply. Surely the existing power to handle class C drugs use is sufficient.
Why have the Government chosen to increase those powers?
Mr. Letwin: I am grateful to the hon. Gentleman for giving way again. Does he
not recognise that what happened in the Lambeth experiment was that the Metropolitan
police discovered young people who were openly smoking joints in the faces of
the police officers and saying, "We are breaking the law, and you can't do
anything about it. Ho, ho"? That is why the police asked for the power of
arrest. Does that not demonstrate the kind of problem with which we are dealing
in making something quasi-illegal or quasi-legal?
Mr. Oaten: I do not think that we differ on this issue. It seems absolutely clear
that, under existing class C powers, if people are smoking cannabis and walk into
a post office and blow smoke into a policeman's face, the police could do as I
just said: warn, caution, issue and, ultimately, take the case to court. So those
powers are in place already, and I do not understand why the Government want to
increase them in this way.
The
Minister said in her opening remarks that there will be an amendment to change
the power of arrest, so that there will be no power of arrest for some drugs currently
in class C, but there will be a power of arrest for cannabis, which is now going
into class C. I do not understand the logic of having different forms of arrest
for the same class. Surely the point of having such a class is to say that certain
drugs are similar, but the Government suddenly want to attach a different form
of arrest to one of those drugs. The Government need to make up their mind: is
cannabis now B2, or are they moving those other drugs into a class D? There is
no logic at all in having a different form of arrest in the same classification.
Lady Hermon: I am grateful to the hon. Gentleman for taking an intervention just
as he is about to conclude his speech. Since the Liberal Democrats often represents
its sister partythe Alliance party in Northern Irelandwill he clarify,
for my own purposes, whether the views that he has expressed today in support
of the legislation to reclassify cannabis are also shared by that sister party
in relation to Northern Ireland?
Mr.
Oaten: The honest answer is that I have not got a clue and I have not spoken to
the Alliance party. In
conclusion, we will support the Government on this issue, but we would welcome
their thinking again about some of the confusing messages on arrest that they
are sending out because this positive step forward has been slightly spoilt by
those messages which will make progress difficult in the future. If it turns out
that some of the new powers cause confusion, I hope that the Government will think
again about those issues, perhaps as part of a wider review of how the changes
are operating in two years.
2.58 pm
Kate Hoey (Vauxhall): I shall be very brief because I should like some of my colleagues
from Scotland to be called to speak.
It
is quite disgraceful to put through something as important as this measure in
one and a half hours. I do not blame the three Front-Bench spokesmenthe
Minister gave waybut it is wrong to allow only half an hour for Back-Bench
speeches. I am disappointed that the Home Secretary is not here. A very important
issue is being debated, and it would have been nice if he had been here today.
I
have heard so much rubbish talked today about the Lambeth experiment that it would
take me a very long time to deal with it all. I will not refer to that experiment
other than to say that it was not a success. It was one of those schemes that
was doomed to success from the beginning because the Home Office had decided that
it would be successful whatever the outcome. As for the statistics, you know,
Madam Deputy Speaker, what we can all say about statistics. We
keep hearing about the Advisory Council on the Misuse of Drugs, and the implication
is that it is made up of most eminent and respectable peopleI do not disagreeand
the font of all wisdom. It is important to point out, however, that it is part
of the Home Office, it is not a scientific advisory panel, and many of its members
have no scientific qualifications. It has about 32 members, of whom a substantial
numberabout 13are committed to liberalisation of the drugs policy.
It has no members from any organisations that have publicly said that they are
not in favour of liberalisation. I therefore treat with a little bit of caution
the assumption that everything that it says is right. [Interruption.] It has been
suggested to me that I treat that assumption with a big bit of caution. Reclassification
is sending out a mixed message. It sends out a signal to our young peoplewhatever
the Minister says, and whatever she wishesthat taking cannabis is not harmful
and that it is legal. We have seen already, since the Home Secretary's statement
in the House, that increasing numbers of young people are taking cannabis, and
when confronted by teachers, parents or police, they simply say, "But it's
legal." The message that that gives to young peopleespecially to those
whose parents are keen to urge their children not to be involved with drugs that
can be harmfulis to challenge their parents on the grounds that the House
of Commons and the Government say that it is okay. We are sending out a very wrong
message, which is also being sent out to the hard criminals and the real drug
dealers. Whatever we say about people growing cannabis in their homes not having
any dealings with such people, many people in my constituency would not even have
the capacity to grow it in their own homes, so the only way that they will get
it is through the criminal drug dealer. Mr.
David Marshall: Does my hon. Friend share my concern that this order will result
in a much greater use of cannabis, which will consequently impose much greater
strains on the national health service, and will also lead to people combining
cannabis with alcohol and a significant increase in the number of road traffic
accidents? Statistics and information are available that indicate that that is
already happening. Kate
Hoey: I agree with my hon. Friend. I do not have time to discuss the health risks,
but anyone who has listened to those who treat youngsters at the sharp end in
the health service cannot fail to see that this order sends out a message that
will lead, perhaps not immediately but in the long term, to more people taking
cannabis and to a huge strain on our national health service. The fact that it
is being reclassified, which effectively means that people think that it is legal,
means that the peer pressure among young people will be much stronger. At the
moment, at least young people can say, "This is not legal," if drugs
are pushed at themat least they have that kind of excuse if they do not
want to take the drug but are not feeling particularly confident. Again, this
order sends out the wrong message on that. I
have mentioned the link with the criminal element, which I saw in my constituency.
What I want to ask the Minister is: why are we doing this now? What is the point
of it? We need to look properly at the issue of classification. I agree strongly
with some of the points of my hon. Friend the Member for Bassetlaw (John Mann)we
need to examine this issue carefully and on the basis of proper argument. We should
not go ahead with introducing this measure glibly. I genuinely cannot understand
why we are going down this line. Reclassification will move us further down the
route of considering drug abuse as normal, and I am not prepared to support that
today.
3.4 pm
Mr. Michael Mates (East Hampshire): The Northern Ireland Affairs Committee, which
I chair, has been conducting a report into the illegal drugs trade and drug culture
in Northern Ireland. We published an interim report, because we knew that this
order was coming before the House, to try to help the House in its deliberations.
I want to make one or two brief points.
First,
drug use in Northern Ireland is different from in the rest of the United Kingdom.
Cannabis is by far the most widely used illegal drug, and while street prices
for most drugs are higher in Northern Ireland than in Great Britain, cannabis
prices are comparable, which suggests that there is a reasonably regular supply
to meet the level of demand. As other Members have mentioned, considerable confusion
exists about the current status of cannabis, and since the Government's announcement
to reclassify, individuals have begun to smoke cannabis openly on the streets
and in the clubs and pubs. The Committee did not look at the health risks,
but we expressed concern, as has been expressed by others, about the message that
the Government are sending, both to drug traffickers and to international enforcement
agencies, about the importance now being accorded to cannabis as an illegal substance.
It is widely recognised that Northern Ireland has a serious problem with the growth
of serious and organised crime, which has arisen as a legacy of the conflict.
The criminal gangs, many of whom are linked to the paramilitary organisations,
will exploit any opportunity for illegal profit. Demand for illegal drugs, particularly
among the young, and particularly in relation to cannabis and ecstasy, has been
growing over the last decade, and if criminals identify an increase in demand
they will seek to meet it. The additional profits that they make will go to fund
other criminal enterprises, such as fostering a market for heroin and cocaine,
which at the moment barely exists in Northern Ireland, or possibly to fund further
terrorist activity. While
we welcome the fact that cannabis remains a priority for the enforcement agencies
in Northern Ireland, the traders and the traffickers must still be caught before
they can be punished. In making those points, the Committee in no way seeks to
undermine what the Government are trying to do in focusing on class A drugs. What
we are saying is that Northern Ireland is slightly different, and does not yet
have a major class A drug problem, and we want to keep it that way. Northern Ireland
does have a problem with serious criminality, however, and those criminals will
exploit any opportunity that is given to them, such as the confusion that arises
over the status of cannabis, for their profit and to the detriment of society
there. I
ask the Minister to reflect on those concerns. We would be grateful for a further
assurance that action is being taken to ensure that the message that cannabis
is still illegal, and for good reasons, remains clear, and that the greater significance
of the cannabis trade within Northern Ireland is recognised by the enforcement
authorities throughout the UK and abroad. There is much more that I could say,
but time is short and I know that others want to contribute.
Pete Wishart: On a point of order, Mr. Deputy Speaker. Is there anything that
you could do at this late stage to extend this debate? It is unsatisfactory that
we have had only one and a half hours to debate this important UK-wide issue.
The debate on the Mersey Tunnels Bill is coming up next, which could continue
until any hour. Surely it is within our scope and within the responsibility of
the House to debate this issue properly.
Mr. Deputy Speaker (Sir Alan Haselhurst): I am afraid that that is not a matter
that is in the power of the Chair. I understand the hon. Gentleman's concern.
3.8 pm
Mr. Chris Bryant (Rhondda): I concur wholly with what has just been said by the
hon. Member for North Tayside (Pete Wishart). To have only one and a half hours,
and only half an hour for Back-Bench speeches, on an issue that affects every
constituency in the land, and which is being debated by every young person in
the land, seems to me to be folly. If we were devising a drug and alcohol
strategy for the United Kingdom from scratch, knowing what we know today about
the health effects of alcohol and tobacco compared with those of cannabis, I am
almost certain that we would not be starting from where we are. As we know, alcohol
and tobacco are far more addictive and injurious to people's health. Every year,
120,000 people are killed because they smoke tobacco, and half of all people who
continue to smoke for most of their lives die of the habit and lose 16 years of
their life. The medical legacy of alcohol is every bit as pernicious: hepatitis,
cirrhosis, gastritis, gastrointestinal haemorrhage, pancreatitis, hypertension,
cardiomyopathy, mouth, oesophagal and liver cancer, foetal alcohol syndrome, blackouts,
fits and neuropathy are all part of the problemas I am sure that many Members
knowto say little of the social damage in terms of domestic violence, marital
breakdown, absenteeism and aggression.
In
contrast, cannabis is a saint, not a sinner. However, that does not mean that
cannabis is harm free because real health concerns exist. The tar yield from marihuana
is precisely the same as that from tobacco, so smoking cannabis can pose a long-term
health hazard. Indeed, a report by the Royal College of Psychiatrists and the
Royal College of Physicians published only a few years ago said:
"the smoke from a cannabis joint contains most of the same constituents as
tobacco smoke, including the carcinogens. It is not surprising, therefore, that
regular cannabis smokers develop chronic bronchitis and squamous metaplasia of
the respiratory tract and it is likely that in time, it will become apparent that
they are at increased risk of cancer"
compared
with the risks from tobacco. As my hon. Friend the Member for Glasgow, Shettleston
(Mr. Marshall) said, there is a further problem due to the effect of intoxication,
especially for people who drive. It is difficult to assess the precise problem,
although a recent assessment showed that 10 per cent. of a sample of 284 drivers
who had been killed by fatal accidents had cannabis in their blood stream. Of
that proportion, 80 per cent. had not used alcohol, so it is quite probable, although
not certain, that their intoxication was solely the result of cannabis use. Unfortunately,
there is no roadside test to measure cannabis intoxication, which is why Professor
Gold's "Comprehensive Handbook of Alcohol and Drug Addiction" says:
"The role of marihuana in road traffic accidents and other types of accident
is vastly underestimated."
I
think that that is pretty much the accepted view. A report by the House of Lords
Science and Technology Committee accepted that cannabis could worsen the course
of schizophrenia, although there is little real evidence that it may precipitate
the disease. The honest truth is that the medical evidence thus far is entirely
uncertain. We cannot know the full human pathology of cannabis, which is why the
Government's reports for the Department of Health are vital and we look forward
to reading what they say. There
is some evidence that cannabinoids can be therapeutic, as has been mentioned,
and Dr. Philip Robson's Department of Health report in 1998 made that pretty clear.
The Multiple Sclerosis Society estimates that between 1 and 4 per cent. of the
UK's 85,000 multiple sclerosis patients are illegally using cannabis. Trials to
date have been small and the results uncertain. Dr.
Iddon: This point has not been mentioned in the debate, but has my hon. Friend
noticed that the order will reclassify tetrahydrocannabinol from class Abelieve
it or notto class C? THC will be the principal constituent of the new medicines
that will come out of the cannabis era.
Mr. Bryant: I was about to talk about precisely that, and hope that I can pronounce
the word as well as my hon. Friend.
There
is more evidence suggesting that cannabis and cannabinoids, most notably THC or
delta-9-tetrahydrocannabinol, can relieve pain and be used as an anti-emetic,
which is why they can be especially useful for the treatment of HIV/AIDS. Most
controlled studies offer secure proof that marihuana and THC are effective appetite
stimulants, which is important for people with cancer as well as those with AIDS.
Indeed, cannabis appears to have no immunosuppressant effect on people with HIV,
although the largest study, which involved 5,000 people, took place in 1989 and
the pathology of HIV/AIDS is now known rather better. Anecdotal
evidence from several of my constituents supports the use of cannabis in the treatment
of epilepsy, although it is ironic that cannabis was shown to have convulsant
and anticonvulsant effects on animals, which were the subjects of the only substantial
trials. It is suggested that cannabinoids can lower pressure in the eye, which
would be useful when treating glaucoma. I represent the constituency with the
highest level of glaucoma and blindness in Wales, so that is obviously a matter
of interest. However, it seems that one would have to smoke 10 cannabis cigarettes
a day to achieve the constant level of intraocular pressure that would be beneficial.
As
other hon. Members have suggested, there are those who believe that cannabis is
a gateway to other drugs. They believe that taking cannabis of itself leads ineluctably,
medically and physically, to the taking of harder drugs such as cocaine, crack
cocaine and heroin. Simply put, that is not logical. The link is not direct or
causal, but there is a link. As Drugscope told the Home Affairs Committee: "Cannabis
use puts individuals in social situations and supply transactions where they are
more likely to experience people using, accepting and supplying more harmful drugs
than others in the population." In
other words, people buy cannabis from dealers and dealers also sell herointhat
is certainly true in the Rhondda. John
Robertson: Will my hon. Friend give way?
Mr. Bryant: I will not because I am conscious that I have little time.
Some
people suggest that the answer is to license cannabis and sell it at Boots. However,
when similar policies have been tried or police have tacitly allowed coffee shops
to exist in other countries, major dealers have hung around outside the shops
because they know that the most likely new clients are existing cannabis users.
Moreover, there is a more direct link between cannabis and other drugs. Professor
C.H. Aston's report for the Department of Health on the clinical and pharmacological
aspects of cannabis in 1998 said:
"with chronic use, especially of high doses, tolerance develops to some of
the effects of cannabis (including the euphoric effect) and can lead to physical
and physiological dependence, withdrawal effects on cessation of use and possible
escalation to other more potent drugs of abuse."
All
that leads me to three central points. First, the Minister is right that we should
proceed on the basis of sound medical advice as much as possible, rather than
on simple prejudice or anecdote, but that means that we still need further hard
empirical medical evidence and the Department of Health should work further on
that. Secondly, it is only logical that a drug that produces significant medical
problems, but ones that are minor compared with the effects of cocaine and heroin,
should be treated differently in the law, which is why the order might be right.
Thirdly, however, we should not encourage the use of cannabis. Cannabis is not
okay and although it does not kill, it does matter. 3.17
pm
Mr. Peter Lilley (Hitchin and Harpenden): I reiterate that it is a scandal that
we have so little time to debate the order. I have barely 90 seconds in which
to speak, so I shall reassert a point that I have made before. Unless and until
we are prepared to move from reclassification to providing legal outlets, we will
not break the link between the suppliers of hard drugs and the suppliers of soft
drugs. We will continue to drive soft-drug users into the hands of hard-drug pushers,
and we will not achieve the advantage of breaking the link, restoring respect
for the law and enabling a health warning to be put on a legally available product
and displayed in outlets in which the product is available.
The
Government have got the worst of all possible words. They will simultaneously
encourage more people to use the drug because people will know that there is no
effective punishment for its use, but it will remain illegal and thus be available
only through illegal gangs
Mr. Deputy Speaker: Order. I can confirm to the House that the ruling that I gave
a moment ago was in accordance with the Standing Orders.
It being one and a half hours after the commencement of proceedings on the motion,
Mr. Deputy Speaker put the Question already proposed from the Chair, pursuant
to the Standing Order.
The
House divided: Ayes 316, Noes 160. Resolved,
That
the draft Misuse of Drugs Act 1971 (Modification) (No. 2) Order 2003, which was
laid before this House on 11th September, be approved. |