Source · Select Committees · Home Affairs Committee
Third Report - Drugs
Home Affairs Committee
HC 198
Published 31 August 2023
Recommendations
4
Rejected
Para 20
Reform 1971 Act and 2001 Regulations, integrating public health with law enforcement.
Recommendation
We recommend that the UK Government reform the 1971 Act and 2001 Regulations in a way that promotes a greater role for public health in our response to drugs, whilst maintaining our law enforcement to tackling the illicit production and …
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Government Response Summary
The government rejects the recommendation for reform, stating it has no plans for fundamental changes to the 1971 Act or 2001 Regulations, believing existing legislation supports a balanced public health and law enforcement approach.
Home Office
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6
Rejected
Para 29
Commission the ACMD to review drug classification and scheduling systems, with regular updates.
Recommendation
We recommend that the Home Office commission the ACMD to review whether the most commonly used controlled drugs in the UK are correctly classified under the 1971 Act and correctly scheduled under the 2001 Regulations based on the scientific evidence …
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Government Response Summary
The government rejects the recommendation for a broad, commissioned review of drug classifications and scheduling, stating it has no plans for such a review and is largely satisfied with current controls, noting the ACMD can also self-commission reviews.
Home Office
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16
Rejected
Publish the ACMD’s 2016 report or provide a confidential copy within one month.
Recommendation
We, once again, request that the Home Office publish the ACMD’s 2016 report. At the very least, we request that the Home Office provide us with a confidential copy of the document within one month of receiving this report. Failing …
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Government Response Summary
The government explicitly rejects the request to publish the 2016 ACMD report or provide a confidential copy, explaining that the paper was marked confidential by the ACMD itself and its publication would be inappropriate.
Home Office
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42
Rejected
Para 149
Support piloting of safe consumption facilities in areas of demonstrated local need.
Recommendation
We recommend that the Government support the piloting of safe consumption facilities in areas across the UK where there is deemed to be a need by local government and stakeholders.
Government Response Summary
The government rejected the recommendation to pilot safe consumption facilities, stating it does not support them and has no plans to create a legal framework due to existing offences.
Home Office
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43
Rejected
Para 150
Support Glasgow safe consumption facility pilot, creating legislative pathway and ensuring joint funding.
Recommendation
In particular, we recommend the Government support a pilot in Glasgow by creating a legislative pathway under the Misuse of Drugs Act 1971 that enables such a facility to operate legally. The pilot in Glasgow must be jointly funded by …
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Government Response Summary
The government rejected the recommendation to support and fund a pilot safe consumption facility in Glasgow and create a legislative pathway, citing its lack of support for such facilities and the absence of a legal framework.
Home Office
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44
Rejected
Para 162
Establish a national drug checking service in England for anonymous postal sample submission.
Recommendation
We recommend that the Home Office and Department of Health and Social Care jointly establish a national drug checking service in England to enable people to submit drug samples by post anonymously. We recommend the Home Office consult stakeholders on …
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Government Response Summary
The government rejected the recommendation to establish a national drug checking service, stating it implies approval of illicit drug use and is contrary to their zero-tolerance strategy, though it highlighted existing systems for detecting new psychoactive substances.
Home Office
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45
Rejected
Para 163
Expand on-site drug checking services and establish a dedicated licensing scheme for temporary events.
Recommendation
We recommend the expansion of on-site drug checking services at temporary events such as music festivals and within the night-time economy. We recommend that the Home Office establish a dedicated licensing scheme for drug checking at such events before the …
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Government Response Summary
The government rejected the recommendation to expand on-site drug checking services and establish a licensing scheme, arguing such services imply approval of illicit drug use and conflict with their zero-tolerance strategy.
Home Office
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50
Rejected
Para 175
Ensure sustainable supply of prescribed diamorphine for patients facing shortages.
Recommendation
We are concerned by reported shortages of prescribed diamorphine, particularly because of the serious impact they may have on the health and lives of patients. As prescribed diamorphine is a viable form of treatment in England, the Government must work …
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Government Response Summary
The government rejected the recommendation to ensure a sustainable supply of prescribed diamorphine, stating ongoing manufacturing issues, clinical advice to use morphine as a first-line alternative due to no clinical advantages of diamorphine, and reduced NHS usage.
Home Office
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52
Rejected
Para 185
Provide centralised funding to support Diamorphine Assisted Treatment, urgently re-establishing Middlesbrough's programme.
Recommendation
We repeat the ACMD’s 2016 recommendation that the Government provide centralised funding to support the provision of DAT for people with a chronic heroin dependency for whom other forms of OST have not been successful. The centralised funding should first …
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Government Response Summary
The government rejected the recommendation for centralised funding for DAT, reiterating that local authorities are responsible for commissioning and funding these interventions based on local needs.
Home Office
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66
Rejected
Para 233
Widen NHS accessibility of unlicensed cannabis-based medicinal products before Parliament ends.
Recommendation
Pending the outcome of the ACMD’s review, we recommend that the Government widens the accessibility of unlicensed CBPMs on the NHS before the end of this Parliament.
Government Response Summary
The government explicitly rejects the recommendation to widen accessibility of unlicensed CBPMs, stating it is a clinical decision and that more evidence is needed to support routine prescribing. They encourage manufacturers to conduct research and are working to establish clinical trials.
Home Office
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Conclusions (7)
3
Conclusion
Rejected
Para 20
We conclude the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 require reform.
Government Response Summary
The government rejects the conclusion, stating it has no plans for fundamental reform of the Misuse of Drugs Act 1971 or the Misuse of Drugs Regulations 2001, believing current legislation is appropriate and compatible with a balanced approach.
5
Conclusion
Rejected
Para 29
We welcome the ACMD’s work reviewing the status of drugs controlled under Schedule 1 to the 2001 Regulations. However, we conclude a wider review is required.
Government Response Summary
The government rejects the conclusion that a wider review is required, stating it has no plans for a broad review and is satisfied with the current classification of most commonly used drugs, though it has acted on nitrous oxide.
14
Conclusion
Rejected
Para 54
The ACMD seeks to provide scientific, evidence-based recommendations to support the development of evidence-based drug policy. We note that the Home Office appears more likely to adopt advice to increase the classification of a controlled drug than it is to adopt advice to reduce the classification of a controlled drug. …
Government Response Summary
The government acknowledges the essential role of ACMD advice but asserts its prerogative to make alternative decisions, taking into account other relevant factors to protect the public, even when differing from ACMD conclusions.
15
Conclusion
Rejected
Para 55
We are disappointed that the Home Office has repeatedly refused to publish the ACMD’s 2016 report, including to this Committee on a confidential basis. No other ACMD report remains unpublished and withholding this one contravenes established practice and undermines the ACMD’s transparency.
Government Response Summary
The government explicitly refuses to publish the 2016 ACMD paper or provide a confidential copy, explaining that the ACMD itself marked the paper as confidential and it would be inappropriate for the Home Office to publish it.
41
Conclusion
Rejected
Para 149
An evidence base for a safe consumption facility in the UK is needed.
Government Response Summary
The government rejected the recommendation, stating it does not support safe consumption facilities, that there is no legal framework for them, and anyone operating one would be committing offences.
51
Conclusion
Rejected
Para 184
We support the use of DAT supported by wrap-around psychosocial support. The impressive Middlesbrough DAT programme that we witnessed held benefits for both the public health and criminal justice sectors. We are most disappointed that joint local funding from both the health and criminal justice sectors could not be secured …
Government Response Summary
The government rejected the recommendation, stating that local authorities are responsible for commissioning drug treatment interventions and deciding on funding based on local need and priorities.
65
Conclusion
Rejected
Para 233
We support cannabis-based products for medicinal use (CBPMs) where there is an evidence base that it can be an effective form of treatment for managing conditions or symptoms. We welcome the ACMD conducting a further assessment of CBPMs following on from its 2020 report. However, we are concerned that there …
Government Response Summary
The government explicitly rejects the committee's underlying sentiment for greater access to unlicensed CBPMs, stating that prescribing medicinal cannabis is a clinical decision, not a matter for government policy. It maintains commitment to an evidence-based approach, encouraging research and establishing clinical trials to build the necessary evidence.