Harris and Huhne quiz Hanson on mephedrone

• [Mar 30] Evan Harris (Oxford West & Abingdon, Liberal Democrat): (Urgent Question): TO ask the Secretary of State for the Home Department if he will make a statement on what plans he has to classify any drugs under the Misuse of Drugs Act 1971.

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David Hanson (Minister of State (Crime and Policing), Home Office; Delyn, Labour): Following the receipt of advice from the Advisory Council on the Misuse of Drugs, my right hon. Friend the Home Secretary has laid a draft order today for Parliament to approve his proposal to control mephedrone and other cathinone derivatives. The chair of the advisory council, Professor Les Iversen, has made it clear to my right hon. Friend that the harms that those drugs undertake justify control under the Misuse of Drugs Act 1971 as class B drugs.

The harms associated with those drugs include hallucinations, blood circulation problems, rashes, anxiety, paranoia, fits and delusions, and they have been linked to a number of deaths. Given the risks to public health, there is strong cross-party support for getting those measures through Parliament, and we hope that the draft order can come into effect as soon as possible, on 16 April 2010.

My right hon. Friend the Home Secretary has rightly waited for the advice from independent expert advisers. The council has provided its assessment of the harms of those drugs having undertaken a full assessment and having reviewed their status through the examination of their use, pharmacology, physical and societal harms. Based on the advisory council's advice and very much in keeping with our approach for the control of synthetic substances, we are also introducing generic legislation that will capture the family of related compounds and other derivatives as well as mephedrone. We have seen a number of those already, but our controls are also aimed at future trends to stop organised criminals and dealers tweaking substances to get around the law.

In addition, the Government are taking immediate action to control mephedrone's availability and to reduce its harm, first by banning importation and, secondly, by targeting head shops. Thirdly, we are informing young people through the FRANK campaign. Fourthly, we are warning suppliers and, fifthly, we are issuing health warnings and a health alert through public health warning systems. The House will have a further opportunity to discuss that draft order shortly, which is subject to the affirmative resolution procedure, and I commend it to the House.

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Evan Harris (Oxford West & Abingdon, Liberal Democrat): If the ACMD has advised that mephedrone and other cathinones be regulated as a class B drug, I support that recommendation, but does the Minister believe that he or his colleague the Home Secretary are compliant with the newly published principles for the treatment of independent scientific advice, which the Government published last week? They state that the Government must give adequate consideration time for published advice, but the ACMD report has not even been published and the Government have announced legislation. If the Home Secretary received a verbal report yesterday from the ACMD chair, why was it not available at the same time to the media, since the public have a right to know, and indeed to Members of this House? Further, why was there no statement or written ministerial statement today, and why did it take an urgent question to bring the Minister to the House to make this announcement?

May I ask whether, beyond classification, the report contains any other recommendations to which the Minister will respond, and when does he intend to respond to them? Given that it was the actions of the Home Secretary that led to the resignation of six of the scientific members of the council-undoubtedly delaying the work of the council and resulting in it not being legally constituted at the time that this advice was given-how can the Minister be certain that the regulations that he is now laying are in order, cannot be challenged and will deal with the problem that we both agree exists?

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David Hanson: My right hon. Friend has taken the right decision, and that is the key issue for the House today. He has taken that decision on the basis of advice from the advisory council. He received a verbal report from Professor Iversen yesterday afternoon and a report in writing will be presented to the House before consideration of the orders, which I hope will be next week.

This is not a new issue. My right hon. Friend Jacqui Smith, when Home Secretary, was aware of this matter in March last year, and she discussed action on it with the advisory council, which commissioned some work. I wish to kill stone-dead the suggestion that the action by my right hon. Friend the Home Secretary in relation to the sacking of Professor Nutt has delayed publication of the report. The intention was always to produce a report for the meeting of the council on 29 March, and that report was delivered verbally to my right hon. Friend yesterday. He has taken the view that it was of sufficient importance and urgency to take urgent action, so he has laid an order and I hope that the House will in due course support it.

Christopher Huhne (Eastleigh, Liberal Democrat): The Liberal Democrats certainly welcome the Government's intention to classify mephedrone, but the Advisory Council on the Misuse of Drugs started looking at the drug a year ago. The Home Secretary must surely accept that, if it were not for his meddling in the work of the ACMD and the subsequent resignation of, among others, Dr. Les King-not any old ACMD member, but the person chairing the council's working group on mephedrone-this harmful and possibly fatal substance could have been banned months ago.

Now that Dr. Polly Taylor has also resigned from the ACMD, can the Minister be confident that any ban that he imposes has been, or can be, reached in a lawful manner, and that it will not be subject to challenge in the courts? Finally, can he draw any other lessons from this episode, such as, for example, the need to introduce a pending category, ahead of the full deliberation, of the sort that exists-I understand-in New Zealand and Sweden?

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David Hanson: First, Dr. Taylor's resignation has had no material effect on yesterday's decision, which we believe is legally accountable and enforceable, and which, when approved by both Houses, will be operational. Dr. Taylor had the opportunity to contribute to the decision, as part of the council, and will have played her part accordingly.

Professor Nutt's resignation has also-

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Christopher Huhne (Eastleigh, Liberal Democrat): What about Dr. King's resignation?

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David Hanson: Professor Nutt's resignation, and indeed Dr. King's and those of other members, have not had a material effect on the consideration of these issues. These matters have been considered by the ACMD, and yesterday, for the first time, it presented a recommendation to the Home Secretary, and my right hon. Friend accepted it. I believe that that was the right decision and one that this House should accept, and rather than looking over the trails of resignations, the hon. Gentleman should support the decision and look at how we implement and, indeed, enforce it.

• Greg Mulholland (Leeds North West, Liberal Democrat): I welcome this announcement, although I share the concerns expressed by my hon. Friend Dr. Harris about the way in which the decision was taken. Will the Minister pass on the Government's advice to the police, schools and student unions in my area? This substance is available in schools at the moment, and leaflets openly advertising the drug for sale are being delivered all round the Headingley and Hyde Park areas. In the interim period, what is the advice on how to stop this unlicensed selling?

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David Hanson: As I said in my statement, the banning of importation with immediate effect will mean that the UK Border Agency will be able to seize and destroy shipments of mephedrone at the border. That is the starting point in cutting off supply. We are also giving health warnings to public health departments, to the police and to other health services, as well as through the FRANK website. We are also distributing a new fact card immediately. The Minister for Schools and Learners has written to all head teachers about this. In the event of the orders being enacted, the severe penalty of 14 years in prison for the supply of these drugs will be introduced, and the police will be able to enforce it accordingly.

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