Source · Select Committees · Home Affairs Committee

Recommendation 8

8 Accepted Paragraph: 42

Concerns about increased NPS potency and use among vulnerable populations persist.

Conclusion
We recognise that the Psychoactive Substances Act 2016 was enacted to deal with the surge in new psychoactive substances (NPS) and the related health harms. We note that it was successful in removing the open sale of NPS but are concerned with the use of NPS among vulnerable populations, such as homeless people and people in prison, and with the increasing potency of NPS.
Government Response Summary
The government describes existing legislation and ongoing measures, including the completion of the £100m Security Investment Programme and the deployment of drug trace detection units and X-ray scanners, to tackle the use of psychoactive substances, particularly in prisons.
Paragraph Reference: 42
Government Response Accepted
HM Government Accepted
The Psychoactive Substances Act continues to apply to all substances which are capable of producing a psychoactive effect in a person, but which are not exempt nor controlled by the Misuse of Drugs Act. The Government continues to refer substances to the ACMD for their assessment of harm, and the ACMD also reports to the Government with concerns about specific substances where it believes that these should be subject to the Misuse of Drugs Act. The Psychoactive Substances Act retains a vital role given the offences it provides for the supply, production, import, export and possession with intent to supply, as well as possession in a custodial setting, of psychoactive substances not subject to the Misuse of Drugs Act. Some of the new psychoactive substances that the Psychoactive Substances Act was introduced with the aim of addressing are also now controlled under the Misuse of Drugs Act, including synthetic cannabinoids and cathinones. All prisons have a zero-tolerance approach to drugs, and we are committed to tackling the use of psychoactive substances in the prison estate. Delivery of the £100m Security Investment Programme (SIP) was completed in March 2022 and included measures to prevent the smuggling of illicit items such as psychoactive substances into prisons. SIP delivered Enhanced Gate Security at 42 high risk sites and 75 additional X-ray body scanners, resulting in full coverage of the male estate. Between July 2020 and October 2022, we recorded over 28,626 positive scanner indications, helping to tackle the supply of drugs into prisons. To prevent the smuggling of illegal drugs such as psychoactive substances through the mail, we have also deployed 95 next generation drug trace detection units. We are aiming for full coverage of public sector prisons by March 2024. Furthermore, 84 X-ray baggage scanners have been installed at 49 sites.