The
Committee consisted of the following
Members:
Allen,
Mr. Graham
(Nottingham, North)
(Lab)
Blunt,
Mr. Crispin
(Reigate)
(Con)
Brake,
Tom
(Carshalton and Wallington)
(LD)
Brokenshire,
James
(Hornchurch)
(Con)
Campbell,
Mr. Alan
(Parliamentary Under-Secretary of State for the
Home Department)
Crabb,
Mr. Stephen
(Preseli Pembrokeshire)
(Con)
Flello,
Mr. Robert
(Stoke-on-Trent, South)
(Lab)
Harris,
Dr. Evan
(Oxford, West and Abingdon)
(LD)
Lloyd,
Tony
(Manchester, Central)
(Lab)
McCabe,
Steve
(Lord Commissioner of Her Majesty's
Treasury)
McDonagh,
Siobhain
(Mitcham and Morden)
(Lab)
Sharma,
Mr. Virendra
(Ealing, Southall)
(Lab)
Stoate,
Dr. Howard
(Dartford)
(Lab)
Swire,
Mr. Hugo
(East Devon)
(Con)
Syms,
Mr. Robert
(Poole)
(Con)
Wilson,
Phil
(Sedgefield) (Lab)
Sara
Howe, Committee Clerk
attended the Committee
The
following also attended, pursuant to Standing Order No.
118(2):
Chope,
Mr. Christopher
(Christchurch)
(Con)
Eighth
Delegated Legislation
Committee
Thursday 6
November
2008
[Mr.
Bill Olner in the
Chair]
Draft Misuse of Drugs Act 1971 (Amendment) Order 2008
8.55
am
The
Parliamentary Under-Secretary of State for the Home Department
(Mr. Alan Campbell): I beg to
move,
That
the Committee has considered the draft Misuse of Drugs Act 1971
(Amendment) Order
2008.
Good
morning to you, Mr. Olner, and to the Committee. It is a
pleasure to serve under your chairmanship. The order was laid before
Parliament on 13 October. It will reclassify cannabis as a class B drug
on 26 January 2009. As my right hon. Friend the Home Secretary advised
the House in a statement on 7 May, the Government have decided to
reclassify cannabis to protect the public and particularly the future
health of our young people. Although use of cannabis remains
widespread, it has fallen to its lowest level in 10 years and it is
crucial that that trend continues. The Advisory Council on the Misuse
of Drugs has consistently advised that cannabis is a harmful drug that
poses a threat to individual health and to society. There is clear
evidence that it can produce physical harms as well as immediate and
long-term mental health
harms.
However,
there is considerable uncertainty about both the role that cannabis
plays in the onset of psychotic illness and the increased risk to
mental health from the use of stronger cannabis, commonly known as
skunkmore so if young people start to use it at an early age
and more so if they binge smoke. The councils view is that the
evidence has become more rather than less confused in the past few
years but, in the words of the council, the possibility of increased
harm cannot be denied. Against that background of
uncertainty, we now have clear evidence that skunk, with an average
potency of 16 per cent., now dominates in the UK, with a market share
of 80 per cent. of street-seized cannabis compared with an estimated 30
per cent. in 2002. That increase is the result of a massive growth in
the commercial cultivation of cannabis by organised crime
groups.
As
the Committee will be aware, in April 2008 the advisory council
reported to the Government that, based on its assessment of harm, the
majority of the councils members took the view that cannabis
should remain a class C drug. I wish to make it clear that we do not
dispute the councils finding on harm; nor have we rejected its
advice on classification
lightly.
However,
within the statutory process, there are distinct roles and
responsibilities. It is the role of the council to provide advice on
harms and it is for the Government to consider that advice, taking an
overview and making a decision based on all relevant factors, including
wider
issues such as public perceptions and the needs of and consequences for
policing priorities. It is then for Parliament, as it is doing today,
to scrutinise that decision and ultimately change our
law.
Dr.
Evan Harris (Oxford, West and Abingdon) (LD): Is the
Minister arguing that the council failed to consider the matters that
the Government considered, including policing issues? Is he claiming
that the police were not represented on the ACMD, or that if they were
there they did not say anything, or that if they did say something they
were ignored? Or is he saying that the ACMD did consider that, but
despite that the Government are rejecting
it?
Mr.
Campbell: I am not saying that those matters were not
taken into consideration. For example, the council did consider public
perception. I am saying that the council has a particular and distinct
role. We ask it to do a particular job; we ask it to produce advice.
The Government then decide whether to take that advice. We took a wider
view, based on our view of public perception, on our conversations with
the police and on policing priorities, and we reached a different
decision. That is the point that I am trying to
make.
Mr.
Hugo Swire (East Devon) (Con): Would this be an
appropriate time for the Minister to apologise for the
Governments muddle-headed thinking on the reclassification of
cannabis and all the misery that their confused messages have caused in
the past few
years?
Mr.
Campbell: Not at all. I hope that we will come to those
points later, but I remind Opposition Members that there is no monopoly
of wisdom on such matters; all Governments, over time, consider drugs
issues carefully, and they work on the basis of the evidence as they
see it before them. There are many people in the House who have made a
journey in the past few yearsnot least the leader of the hon.
Gentlemans party.
I understand,
looking across the Committee today, that a number of those present have
in the past taken a very black-and-white view of the issue; they always
opposed what happened in 2003, and in 2008 they are asking why we did
it. I respect that view. There are more hon. Members present in
Committee who did not support the reclassification to class C than
might be appreciated.
However, it
is right for the Government to keep matters under review. I am sure
that as the debate unfolds we shall find that there are many different
views on and interpretations of what is often complex evidence. The
problem for Government and for Parliament is that they must alight on a
position. The fact that Parliament took a view in 2003 does not
necessarily mean that it was wrong, even if we want to change that view
in
2008.
Mr.
Swire: I do not quite follow the intellectual journey that
the Minister is on. Clearly, what is before the Committee today shows
that the view taken at that time was the wrong one. I ask again, is
this an appropriate time for the Government to apologise for the
reclassification, admit that it was a ghastly mistake, and inform the
Committee how much that decision has cost the country in the
intervening years?
Mr.
Campbell: I may follow the intellectual points that the
hon. Gentleman is making, but I do not really know where he has been
for the past five years. I intend to set out why the situation has
changed. Perhaps when the hon. Gentleman appreciates that certain
factors have changed in the five years since 2003, he may realise why
we reached the decision that we want Parliament to
endorse.
Mr.
Stephen Crabb (Preseli Pembrokeshire) (Con): Is it not the
truth that the totality of the body of evidence about the problem has
not changed hugely in the intervening five years? At the time in
question, the Ministers predecessor, the present Minister for
Europe, described the strategy of downgrading cannabis as
honest and credible. Is the Minister willing to admit
today that it is neither honest nor credible, and is no strategy at
all?
Mr.
Campbell: No, I am not willing to say that, because it is
not the case. When my hon. Friend made those remarks in 2003 she was
basing what she said on the evidence that was available. The hon.
Gentleman has a luxury that is not available to everyone in the
Committee; he was not here when the decision was made. I think that he
has a slightly different view from that of other members of the
Committee.
The people in
this Room had a different view in 2003, but Parliament arrived at a
position based on the evidence that was there, and on an honest
assessment of it. I shall today set out an honest assessment of where
we are now, and why we are asking Parliament to change the
classification of cannabis back to class B.
Siobhain
McDonagh (Mitcham and Morden) (Lab): I thank the
Government for being brave enough and big enough to look at the issue
again. At the time when the previous decision was made I certainly felt
out of step with everyone else who had a very liberal view on the
issues. My concern was for the mainly young black boys in my
constituency who I could see wereI am looking for the official
rather than the street wordstaking the drugs in question; I
could see what the effect on them was. I am grateful for what my hon.
Friend is doing this morning, and for the fact that the Government are
dealing with the matter. It is not an issue that we can turn away from
if we want to do something for some of the most disadvantaged people in
our
constituencies.
Mr.
Campbell: I am grateful for my hon. Friends
remarks; I know that she takes the matters seriously, as we all do. She
is right to say that the proposal that the Government have put forward
is controversial and demands a degree of bravery. I do not mean bravery
from politicians, but that it is a brave decision because of the effect
that it will have in communities.
Perhaps if I
develop the point that I am making, Opposition Members will see how the
situation has developed in the past five years and why the change is
necessary.
Dr.
Harris: The Minister is being generous in giving way to
interventions and we appreciate that, because the issue is
controversial. Before he moves on with his remarks, may I ask a
question? He has said that the ACMD considered the matter and the
Government
reserve their right to reject the advice. Where have the Government
published the additional evidence on which they based their decision?
All that the Minister referred to, as far as I recall from his earlier
remarks, was conversations with the police.
We have all
had conversations with the police. I presume that the
Governments position, in rejecting their expert
councils view, is based at least on some published
conversations with the police, or even on some harder form of published
evidence.
Mr.
Campbell: If I gave the impression that it was just a
conversation with the police, I apologise. I do not think that I said
that, and I hope that that was not the impression that I gave. However,
obviously the Government take advice from the council, and take it
seriously, but they also take advice from a wide range of agencies and
organisations, and must then alight on a view. I cannot point the hon.
Gentleman towards the evidence, but perhaps if he will allow me to I
shall do so later in my
remarks.
James
Brokenshire (Hornchurch) (Con): Before we leave the topic
of the ACMD, will the Minister set out what he sees as its continuing
role, given that there has been such a significant departure from its
advice, and particularly in the light of the review that is going on in
relation to
ecstasy?
The
Chairman: Before I call the Minister, I advise hon.
Members that when he has finished speaking there will be an opportunity
to ask questions, to which he will
respond.
Mr.
Campbell: I am grateful, Mr. Olner. Perhaps I
may respond to the point made by the hon. Member for Oxford, West and
Abingdon. I refer him to the statement made by the Home Secretary in
the House on 7 May, and to the Government response to the
councils report.
As to the
point made by the hon. Member for Hornchurch about our relations with
the council, I met the new chair of the council last week, and we
discussed several issues, including the one that is before
the Committee. The council obviously has a view on the 21st
recommendation on cannabis, which we did not accept; that fact is the
forerunner to todays order. However it is very pleased that we
did accept the other 20 recommendations on cannabis.
The council
is of course from time to time able to undertake reviews, sometimes at
our behest, sometimes independently. It brings forward proposals, which
we consider case by case. That is what we have done in the past and
will continue to do. I do not want to send out a message that we do not
value the work of the council, because we do. All that I can say is
that on this issue we have reached a different conclusion, which forms
the basis of the order that is before us
today.
I
am conscious, Mr. Olner, of your remarks, and want to
explain how the Government believe that the situation has changed in
the past five years. Class B status reflects the fact that a stronger
drug now dominates the cannabis market. It takes full account of the
known health risks, as well as of potential yet uncertain long-term
impacts on health, the evidence about which may not be clear for some
years. Accompanied by strengthened
enforcement the classification reinforces our
national message that cannabis is harmful and illegal, and helps to
drive enforcement priorities to tackle commercial
cultivation.
Mr.
Christopher Chope (Christchurch) (Con): Will the Minister
give
way?