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271WH<br />

Drugs<br />

6 JUNE 2013<br />

Drugs<br />

272WH<br />

[Dr Julian Huppert]<br />

huge amount of concern in some parts of the press. I<br />

also congratulate him on his leadership and on his<br />

speech, which took much of the content out of what I<br />

was planning to say, so I will only focus on a few key<br />

issues. T<strong>here</strong> is a huge amount in this very thick and<br />

detailed report, and I support it completely.<br />

I want to begin with the basic principles of how we<br />

start to work. First and fairly obviously, drugs are<br />

harmful. They are harmful whether they are legal or<br />

illegal; whether they are cocaine, marijuana, paracetamol<br />

or one of the new legal highs. They all have harms, and<br />

many of them also have benefits. As we say in one of the<br />

key parts of the report, the question is how we deal with<br />

those harms. Paragraph 14 of the report states:<br />

“Drug use can lead to harm in a variety of ways: to the<br />

individual who is consuming the drug; to other people who are<br />

close to the user; through acquisitive and organised crime, and<br />

wider harm to society at large. The drugs trade is the most<br />

lucrative form of crime, affecting most countries, if not every<br />

country in the world.”<br />

The principal aim of the Government drugs policy<br />

should be first and foremost to minimise those harms,<br />

but how do we go about doing that? How do we reduce<br />

the harms from alcohol and heroin and the harms from<br />

prescription drugs, which can be abused? For more than<br />

40 years now, the answer has principally been to separate<br />

drugs into a category of legal or illegal—I use the term<br />

loosely of course because the drug itself cannot be legal<br />

or illegal, but possession can be. For the illegal ones, we<br />

have focused principally on the criminal justice approach—<br />

policing, courts, prisons and all the sanctions of the<br />

Home Office.<br />

When the Misuse of Drugs Act 1971 was passed—<br />

interestingly, it has never been reviewed since 1971—the<br />

debate was all about how it would lead to the end of the<br />

use of illegal drugs. That was the Act’s aim. It certainly<br />

has not worked in that respect. If we were in a world<br />

now w<strong>here</strong> no one had any of the drugs for which<br />

possession was illegal, we would be having a very different<br />

debate.<br />

The Act simply has not worked, and that has been<br />

very expensive. The European Monitoring Centre for<br />

Drugs and Drug Addiction has estimated that 0.48% of<br />

the UK’s GDP is spent on our overall drugs strategy. I<br />

think that that is the highest rate of expenditure in<br />

Europe, and yet for many drugs, we have among the<br />

highest rates of use in Europe. We are spending lots of<br />

money, but t<strong>here</strong> is lots of drug use—the Act is just not<br />

working.<br />

In the process, we have hit many people’s lives. We<br />

have left people to languish in jail for a long time. Also,<br />

we have made people who possess small amounts of<br />

drugs go to jail, and many of them suffer problems<br />

trying to live and work afterwards. Even a caution for<br />

the most minor offences can still affect people’s ability<br />

to live and work. So we need to change things.<br />

I have heard it said—t<strong>here</strong> is some basis for saying<br />

it—that drug use is currently down. However, that is<br />

only true when looking at the drugs that we have made<br />

illegal. What we know—as the Chair of the Select<br />

Committee highlighted—is that t<strong>here</strong> are now many<br />

other new psychoactive substances that people are moving<br />

to because of the pressure that we are putting on for<br />

legal reasons. We have no idea whether encouraging<br />

people to stop taking marijuana and to start taking one<br />

of the new things that they can find legally online<br />

somew<strong>here</strong> is better or worse for them. We have no idea<br />

whether the harms caused by the other drugs will be<br />

better or worse. So we may well be pushing people to<br />

things that are far worse than the things that we are<br />

trying to clamp down on.<br />

We also have to look at this issue in the round. We<br />

have to look at the pressures of alcohol. I asked one of<br />

the police officers who gave evidence if his officers<br />

would rather face, at the end of an evening, a group of<br />

four men who were drunk or a group of four men who<br />

were stoned. Most police officers would far rather deal<br />

with the people who had used marijuana. We have to<br />

look at the impacts of some of these other issues.<br />

As the Chairman of the Select Committee quite<br />

rightly said, one of the key things that we say is that we<br />

need to look again at this issue. These days, we do not<br />

allow legislation to sit by for 40 years without looking<br />

at it; we try to have post-legislative scrutiny to see<br />

whether a law is working and doing what it is supposed<br />

to do. That is why the Select Committee has called for a<br />

royal commission to look at the Misuse of Drugs Act<br />

1971. That is what our report says, and we are not the<br />

only people saying it by any stretch of the imagination.<br />

The UK Drug Policy Consortium has done six years<br />

of work on the issue and it has called for many of the<br />

same things that we have called for; I commend all its<br />

detailed publications. Huge numbers of organisations<br />

say what our report says; I could mention many of<br />

them, such as Transform and Release. Also, we are<br />

increasingly getting senior people who have had experience<br />

of this fight, including senior people from MI5, MI6<br />

and the police, who say, “No. We’re not doing it the<br />

right way. We have to change.” In Cambridgeshire, Tom<br />

Lloyd, the former chief constable, who has huge experience<br />

of dealing with the criminal justice approach to drugs,<br />

is very clear—indeed, categorical—that we need to change.<br />

Our Committee has not gone as far as some suggest.<br />

The Chair of our Committee referred to the article in<br />

The Mail on Sunday, which suggested that we support<br />

full legalisation, but that is not what we recommended.<br />

However, we supported a proposal that was made more<br />

than 10 years ago by the Home Affairs Committee and<br />

supported by the Prime Minister, as he is now. That<br />

proposal was very clear, and the Prime Minister voted<br />

in favour of a proposal that we also endorse. It is that<br />

“we recommend that the Government initiate a discussion within<br />

the Commission on Narcotic Drugs of alternative ways—including<br />

the possibility of legalisation and regulation—to tackle the global<br />

drugs dilemma.”<br />

That is what the Prime Minister said 10 years ago. The<br />

key thing in that recommendation is that not only<br />

legalisation should at least be considered; we also have<br />

to regulate. That may or may not be the right answer,<br />

which is why we need a royal commission.<br />

Our Committee called for a royal commission and we<br />

published this detailed, thick report. I was impressed<br />

that, within only an hour or so of its being published,<br />

the Home Secretary was able to say no, nothing in the<br />

report was new and that people did not need to learn<br />

from it. That was an impressively fast response. I commend<br />

my hon. Friend the Drugs Minister for the work that he<br />

has been doing on this issue. T<strong>here</strong> have been some

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