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Misuse of Drugs Act 1971 (Amendment) Order 2010

My Lords, the order was laid before Parliament on 30 March. If it is approved, it will bring mephedrone—m-cat, bubble or miaow-miaow, as it is known—and other cathinone derivatives, a group of so-called "legal highs", under the control of the Misuse of Drugs Act 1971 as class B drugs, as from 16 April 2010. As required by the Act, the Advisory Council on the Misuse of Drugs has been consulted and the control of these drugs fully reflects its recommendations. I wish to take this opportunity to thank the advisory council for its thorough advice and its continuing commitment and work in this important area. The advisory council’s assessment is integral to our ability to respond effectively and in an informed way to the threat posed to our society by emerging harmful drugs. We act together out of a shared concern about the harm that these drugs can do and the pace at which they have become available. Cathinones are stimulants with effects similar to those of amphetamine. The advisory council has provided its assessment of the risks that these drugs pose having undertaken a full review of their status through examination of their use, pharmacology, physical and societal harm. The harmful effects of these drugs include overstimulation of the cardiovascular system, which creates a risk of heart and circulatory problems, and overstimulation of the nervous system, with consequent risk of fits and agitated and paranoid states and hallucinations. Mephedrone has also been linked with a number of deaths in the United Kingdom and one confirmed death of a young girl in Sweden. The advisory council advises that the harm posed by these drugs is of a level to justify control as class B drugs under the Misuse of Drugs Act 1971. My right honourable friend the Home Secretary has rightly waited for advice from his independent expert advisers. The Government continue to value scientific advice and are committed to evidence-based policy making in this area as elsewhere. Indeed, based on the advisory council’s advice, and very much in keeping with our approach to the control of synthetic substances—such as synthetic cannabinoids, which were controlled by Parliament in December last year—we are introducing generic definition of these drugs. By enshrining in law a generic definition of cathinone drugs, rather than specifying each one individually, we shall capture a wide range of cathinone derivatives, which is, as far as we are aware, a world first for this group of drugs. We have seen a number of these derivatives in the UK already, including methylone, methedrone and butylone. However, these controls also look to deal with future trends to stop unscrupulous, illicit manufacturers, who work for organised criminals, tweaking substances to circumvent our laws. The enforcement response will initially concentrate on those people who peddle and traffic these harmful drugs rather than on young people who may be found in possession of them. It is not our intention to criminalise young people, and we expect the police to respond proportionately. However, let us be clear: after 16 April, mephedrone will be an illegal drug; those in possession will be breaking the law and, if caught, face the risk of prosecution and a criminal record. Those who traffick these drugs will face a substantial term of imprisonment, up to a maximum of 14 years, and, where they have profited from what will be an illegal trade, we will look to seize their property and other assets under the Proceeds of Crime Act 2002. We are also working closely with the Association of Chief Police Officers and other agencies to develop a comprehensive approach to tackle the sale of these drugs. The Serious Organised Crime Agency and the UK Border Agency will take effective enforcement action against those criminal gangs which traffick these drugs across our borders. On receipt of advice that these drugs were harmful and dangerous, as well as bringing this order before Parliament the next day, the Government took a series of other immediate actions. First, to limit the supply of mephedrone, specified other cathinone derivatives and all products containing those drugs, we banned their importation and instructed UKBA officials to seize and destroy shipments of mephedrone at the border unless the shipment was licensed by the Home Office. UKBA has already successfully seized a number of suspected mephedrone importations as a direct result. Secondly, my right honourable friend the Home Secretary wrote to local authorities urging them to consider what action they could take under consumer protection legislation where mephedrone was inaccurately advertised as being for use as plant food or bath salts. It certainly has no effect as a plant food; I would be amazed if it had a result as a bath salt. Police forces and other agencies are contacting head shops and other premises thought to be supplying the drugs to warn them of the ban and to make clear the enforcement powers that they have if suppliers fail to comply with the ban once it comes into force. Legislative control is only part of the solution. As the advisory council recommends in its report, there are a series of actions beyond classification and law enforcement that need to be taken across prevention, public health and education. These very much reflect the remit and concerns of the advisory council. These concerns are shared by the Government. The council’s wider recommendations are welcomed and are already part of our response. Therefore—our third action in respect of our health messages—our drugs information service, FRANK, provides information on cathinones, including mephedrone, with clear information about the risks that these substances pose. FRANK has already updated leaflets providing advice on mephedrone for young people and parents, which will be available via various sources, including the National Union of Students. Our Crazy Chemist information campaign, run in late 2009, included warnings about mephedrone and targeted young people on websites and when they are searching to purchase legal highs. The schools Minister, my right honourable friend the Member for Gedling, has also written to all head teachers, providing guidance for dealing with mephedrone in schools. Mephedrone and legal highs will also be included in the new drug guidance for schools. Fourthly, the Department of Health has issued a formal health alert through the public health warning system to ensure that all frontline hospital staff, medical staff and drug treatment staff have the most up-to-date information about the harm posed by mephedrone. The concern around mephedrone and other cathinone derivatives has been well publicised in recent weeks. Users of these drugs should therefore be aware of these changes. If the order is approved, the Government will publicise the law changes through a Home Office circular and through the Talk to FRANK and drugs.gov.uk websites. Reference to the law change and health risks relating to the drugs will be included in future government material for young people. The Government will continue to make it clear that legal highs can cause serious and sometimes considerable harm to those who use them, as well as great distress to their families and friends. Our aim is to ensure that people, young people in particular, are well aware of all the risks associated with using these drugs. The Government are determined to crack down on these so called legal highs. We must be vigilant and responsive. We must tackle those that have no other motive but greed with no regard to the harm they cause. We must ensure that our children know about the harms of drugs and do not think that, just because they are legal, they are safe. The order that the Government ask Parliament to approve today will protect the public, especially young people, from these dangerous drugs. I commend the order to the House.