HC Deb 24 May 2000 vol 350 cc1084-90

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Clelland.]

10.46 pm
Mr. Ben Chapman (Wirral, South)

I am delighted to have secured the Adjournment debate on this important subject. For some time, I have had concerns about the drug gammahydroxybutyrate, which I shall call GHB. Its use and availability represents a serious danger. It should be reclassified as a class A drug for two reasons: first, because of its possible deadly effects when used as a recreational drug, particularly if mixed with alcohol or other drugs; and secondly, because of its use as a date-rape drug.

The drug was first formulated in the 1960s by a French chemist, and was developed in the United States as a pre-surgery anaesthetic. For that reason, it was dealt with under the Medicines Act 1968, rather than the Misuse of Drugs Act 1971. It has never been licensed in the UK for medicinal purposes. Only two companies, both in Germany, are licensed to manufacture the substance in the European Union. However, it is easy to make in kitchens, garages or wherever, once the precursor chemical gammabutyrolactone is obtained.

The internet is packed with sites telling people how to mix the drug. It became more popular as a recreational drug in the 1980s. It was used by bodybuilders to promote muscle growth, and by athletes to provide a shorter recovery time between training sessions. It was also used as a sleep improver. It gained a reputation for offering a pleasant alcohol-like effect, but without a hangover. It also became known for its potent pro-sexual effects.

By the 1990s, the drug was prevalent in the night club circuit in the United States and it became widely recognised as a dangerous drug there. It was recognised as such by the American police, who believed it to be cheap, easy to make, and affording vast profits to illegal drug suppliers. Indeed, its dangers came more and more to the fore when it was popularised in the United States television programme "ER", which featured an episode with two students mixing it with alcohol. Fortunately, although they fell into a coma, on that occasion they were saved by medics.

The drug was banned in many states. It was, I am pleased to say, banned nationally by President Clinton on 18 February. He has now agreed to classify it as a schedule 1 drug, which is defined as having a high potential for abuse and no currently accepted use in medical treatment, yet we still regard it as a medicine. In the UK, GHB appears to be widely available on the pub and club circuit. As I have said, several internet sites detail how to make, buy and use it. Warnings are often given about the risks associated with mixing GHB with alcohol, but there are no warnings about the dangers of impurities that are often added to the illegally produced substance and can have serious side effects.

Warnings are often wrong. One site states that too high a dose can result in a "harmless coma." How devastatingly wrong such a phrase is. The drug, commonly known as liquid gold or liquid ecstasy because of its ability to produce euphoria, albeit transiently, can cause cardiac arrest and stop people breathing, especially when taken in large doses.

Reports of the effects of GHB are at least consistent, in that they mention nausea, vomiting, convulsions, coma and respiratory collapse depending on the amounts taken. With alcohol its dangers increase. Taken with a few pints it can result in coma and death. There have been many reports of deaths in the United States. So far only four deaths have been reported in the United Kingdom, but that is four deaths too many.

One of those deaths was that of a Wirral man, Ian Hignett, who was the son of constituents of mine. Ian was a 27-year-old working man with good prospects and a full life ahead of him. He was introduced to GHB by friends who believed that there was no danger in taking the substance. He was fit: he was a healthy sportsman. He worked hard during the week, and at weekends liked to unwind with friends with a few drinks and maybe visit a nightclub. He had had no connection with drugs before that night in December 1998 when he died. Like so many others, he just wanted a good innocent night out at the weekend with friends.

As reported at the subsequent inquest, Mr. Hignett and his friends had taken a quantity of GHB on top of four cans of lager and a shared bottle of Aussie white. Ian felt unwell, lapsed into unconsciousness and died choking on his own vomit. The forensic report concluded from toxicology tests that the level of GHB in conjunction with alcohol was sufficient to be responsible for his death. The official cause of death is recorded as gammahydroxybutyrate and alcohol toxicity.

Mr. Hignett's friends were luckier. Although affected by vomiting, they did not pass out. It is possible that Mr. Hignett took an impure dose, or that the quantity was greater than advertised on the canister. I am told that those are common occurrences.

When recording a verdict of misadventure, the Wirral coroner was moved to say: This is a dreadful and unnecessary loss of life. I will invite the Home Office and Department of Health to give serious consideration to having the drug reclassified under the Misuse of Drugs Act. This is a matter of some concern. It is certainly a matter of concern to me.

Mr. Hignett's mother, to whom I spoke yesterday, shares the view that I have just expressed. Recently, she made a similar plea in a local newspaper article.

In addition to the deaths, there have been a number of near deaths across the country. The national poisons intelligence section of the Medicines Control Agency has seen calls from London to Lancashire, and from Hull to south Wales, relating to individuals who have suffered strong after effects from taking GHB, including coma. In 1998, seven people were taken to intensive care in Bolton on the same night following the usage of GHB. In my view, the evidence is clearly mounting up. The dangers of GHB as a recreational drug are becoming clearer all the time.

I want to say something about the dangers of the drug in relation to date rape. The American experience shows that GHB is in the same bracket as the already proscribed Rohypnol. One of its effects is a marked increase in libido and a lowering of inhibition. Those facts are trumpeted across the internet.

The fact that GHB is available in a clear odourless form makes it lethal for the unsuspecting victim. In the USA, and I suspect in the UK, it has been used to sedate women before they are sexually assaulted. A few drops slipped into a drink can cause unconsciousness within 20 minutes, and victims often have no memory of what has happened. It is also difficult to detect, as it metabolises quickly in the body.

A report in the January edition of Cosmopolitan magazine suggests that more than 1,000 women in the UK have reported being raped while drugged. Cosmopolitan claims that four out of five of those cases have GHB as their cause. The report highlights in disturbing interviews the horrific experiences of many victims.

The view of Detective Chief Inspector Matthews of the Wirral division of Merseyside police, an officer who has researched GHB in some depth and to whom I am indebted, adds weight to the serious concerns when he says that GHB is more dangerous and more widely available than Rohypnol. I believe that a pattern is clearly emerging from the evidence of the past few years, both here and abroad.

GHB has caused a number of deaths. There have been many near-death incidents and its use both recreational and as a date rape drug is increasing. It is slowly seeping into the consciousness of the public. Information and education to correct the misconceptions surrounding GHB must play a part. Many people who use the drug are not aware of its dangers. Ian Hignett certainly was not. Others read and believe what they see on the internet. Often, the information can be misleading or simply wrong. We must understand that the power of the medium can be marvellous when it disseminates good information, but that when it disseminates false information, it can be literally deadly. Many sites that promote GHB claim that it can improve memory, stimulate growth, reduce drug and alcohol withdrawal symptoms, reduce learning and hyperactive disability in children, relieve anxiety and even lower cholesterol. At the same time, they play down and do not mention the dangers—and dangers there are.

Concern is rising, and I know from the answers to the many questions that I have asked in the House that those concerns are shared by the Government. I understand that there has perhaps been a lack of hard evidence. Much of the evidence has been circumstantial, and that is inevitably so. I understand, too, that the Government are proceeding on the basis of science, and I am not unhappy about that, of course. However, I await with great interest the results of the three studies currently being undertaken. I understand that the Home Office review of the law on sexual offences has been completed and that conclusions are close to publication. The Metropolitan police report sponsored by the Home Office on drug-assisted rape is also complete, I understand, and the launch is scheduled for 21 June.

The recent referral, supported by the Government, of GHB to the European monitoring centre for drugs and drug addiction for a risk assessment is welcome news, and I know that its findings are expected to be concluded by mid-October. Such scientific studies are important, but there comes a time when studies need to stop and action needs to be taken, and October may be too long.

With all that in mind, I ask my hon. Friend the Minister to ensure that there is a speedy and positive response in terms of reclassification of GHB, should the results of the studies or any other evidence suggest that such action is merited, as I am sure they will. I believe strongly that the evidence for proscribing the drug is becoming overwhelming, and that the sooner that it is banned, the better.

10.58 pm
The Minister of State, Home Office (Mr. Charles Clarke)

I begin by congratulating my hon. Friend the Member for Wirral, South (Mr. Chapman) on securing this debate and on the powerful and effective way in which he has made his case this evening. I am glad to have the opportunity to respond to this debate. Drug misuse is an extremely important issue and my hon. Friend's interest in it has been substantial and long-lasting. We have corresponded on the matter for some time. He set out clearly the case that related to his own constituent.

Let me begin by setting out the background. Gammahydroxybutyrate, or GHB, is a naturally occurring substance which is found in the brain of mammals. It is a white crystalline powder which dissolves in water to give a clear liquid. It is easily produced using the industrial solvent gammabutyrolactone and sodium hydroxide, or caustic soda. GBL is used in the synthesis of several other chemicals and is also used in the printing industry.

GHB was originally developed in the United States of America as a pre-surgery anaesthetic. It has also been used for the treatment of narcolepsy, alcohol dependence and opiate dependence. It is in limited use in a number of European countries, for example France and Germany, as a surgical anaesthetic, and in Italy, to treat alcohol withdrawal symptoms.

GHB first emerged as a drug of misuse in the United Kingdom in 1994. As my hon. Friend the Member for Wirral, South said, it is also known by other names, such as liquid ecstasy, and has been promoted in this country as a psychedelic substance, an aphrodisiac, an aid to weight loss and a sleep aid. It is also popular with body builders, as it is claimed that it stimulates the body's production of growth hormones.

GHB has a stimulant effect if taken in small doses. Larger doses have a sedative effect and can cause nausea, vomiting, depressed respiration and heart rate, dizziness and unconsciousness. Combining GHB with alcohol or other drugs may, as my hon. Friend said, increase the incidence of adverse effects.

The current controls on GHB are as follows. GHB is not manufactured as a licensed medicine in the United Kingdom, but the illicit manufacture, and advertisement for the sale of the substance fall within the scope of the Medicines Act 1968. It can be lawfully supplied only by a pharmacist in response to a doctor's prescription for a patient. The Medicines Control Agency investigates reports of the unlicensed manufacture, promotion and sale of GHB in the UK. In a moment, I shall say more about the agency's enforcement activities in relation to GHB.

The Government keep drug misuse patterns in this country under review. By statute, the responsibility for providing the expert advice that informs that process rests with the Advisory Council on the Misuse of Drugs. That advisory body was established by section 1 of the Misuse of Drugs Act 1971. The Act requires that the council must be composed of not fewer than twenty members; there are currently 33.

The disciplines represented within the council include medical practitioners, dentists, pharmacists, veterinary practitioners, chemists and experts with knowledge on the social effects of drug abuse. The council promotes research and monitors changing trends in drug abuse, but has a statutory duty to advise the Government on many issues affecting the misuse of drugs, including public education and preventative action. Any proposal to change the classification or scheduling of a substance requires prior consultation with the council.

The advisory council has considered GHB on three occasions, most recently in 1998. The council found that GHB could cause acute health problems, particularly if taken with alcohol and drugs. However, the council concluded that GHB misuse was not widespread in the UK and did not present a sufficient social problem to warrant control under the 1971 Act. Nevertheless, as GHB could lead to acute health problems for some misusers, the council recommended that a number of other measures should be taken. It recommended that the Medicines Control Agency should be asked to increase enforcement action against illicit manufacturers and suppliers, and that more targeted health education material should be made available about the adverse effects of GHB. The council also recommended that GHB misuse should continue to be monitored.

Action has been taken on all of those fronts. The Medicines Control Agency, in conjunction with the National Criminal Intelligence Service, has formulated a control strategy and agreed an action plan regarding criminal activity associated with GHB. The strategy includes initiatives to increase awareness, optimise intelligence and tackle the supply and demand for the product.

I shall describe some of the actions that have been taken. First, a joint MCA and NCIS briefing document was issued to the Police Force Intelligence Bureau across the UK, to raise the profile and awareness of GHB.

Secondly, a similar briefing document was issued to trading standards and environmental health officers.

Thirdly, briefings have been given to the Inter-Agency Drugs Intelligence Group, Europol and police training courses.

Fourthly, a number of visits have been made to chemical companies to brief them about GHB. The companies were advised about suspicious orders and the potential diversion of GBL—which is the second drug that I mentioned.

Fifthly, the MCA has sought international co-operation and exchanged intelligence with the Dutch Healthcare Inspectorate and the United States Food and Drug Administration.

I shall also describe some of the actions that have been taken to reduce supply and demand. First, MCA officers have undertaken a proactive enforcement exercise involving a number of retail premises in Soho. Advice has been issued to retailers, and on-going compliance checks have subsequently been made. That has involved close co-operation with the Metropolitan Police clubs and vice unit.

Secondly, the MCA has established a special inquiry unit to assess the advertising and supply of medicinal products on the internet. The unit is initially targeting several internet advertisers and suppliers of GHB, and, when appropriate, will be liaising with overseas drug regulatory authorities tackling its importation.

Thirdly, in an effort to curb the advertising of GHB in various publications across the UK, the Committee of Advertising Practice, in co-operation with the MCA, released an advertising alert to its members. The alert reminded the press that it was illegal to advertise GHB.

Fourthly, since 1995, the MCA has mounted 10 successful prosecutions representing 23 charges of offences under the Medicines Act 1968.

As my hon. Friend said, drug rape has featured prominently in public debate recently. GHB is not the first drug to be associated with drug rape and there has been some irresponsible reporting in the media of what purport to be facts. Before the link with GHB, drug rape was principally associated with the drug flunitrazepam, more commonly known as Rohypnol. The publicity surrounding the possible use of Rohypnol in cases of drug rape led to it being reformulated by the manufacturer. In fact, Rohypnol has not been detected in any suspected drug rape samples submitted by the police to the forensic science service.

However, as my hon. Friend said, GHB has been identified in four samples featured in two cases in the past year. The scientific difficulty is that GHB is rapidly expelled from the body and may not be detectable beyond eight hours after ingestion, but the experience with Rohypnol warns us that it is important to be certain about the facts before seeking to react.

Rape is an extremely serious offence and it is important that the Government have a clear understanding of the extent of the drug rape problem. That is why the Home Office sponsored a Metropolitan police research initiative into drug-assisted rape, which is due to be concluded shortly. Ministers will consider the findings and recommendations of the study and the information will also be made available to the Advisory Council on the Misuse of Drugs.

There is an international dimension. I have already mentioned GBL—the precursor to GHB—which is a widely used industrial solvent. GHB and GBL exists in equilibrium, which means that taking GBL has the same effect as taking GHB. We would want any fresh controls that we introduced on GHB to be as effective as possible. That would include considering controls on GBL. The lessons of the United States, to which my hon. Friend referred, bear that out. The federal decision to ban GHB and GBL was taken only this year. Before that, GHB—but not GBL—was banned in a number of American states. Where it was banned, there was evidence that GBL was widely misused in its place. That is why it is important to tackle the two side by side.

The control of precursor chemicals such as GBL is subject to European Union legislation. At present, the manufacture and supply of GBL is monitored throughout the EU on a voluntary basis, but the issue of whether effective controls can be introduced on GBL is clearly an important consideration for us in our on-going review of GHB.

In accordance with article 3 of the European joint action of 16 June 1997 concerning the information exchange, risk assessment and control of new synthetic drugs, the European Monitoring Centre for Drugs and Drug Addiction—EMCDDA—was asked to prepare information on GHB for consideration by member states. Europol national units and national focal points were subsequently requested to provide information on GHB. The initial research showed little evidence that GHB was abused on a wide scale in any member state, but the United Kingdom, supported by several other member states, requested that GHB be referred to the scientific committee of the EMCDDA for a formal risk assessment. That decision was taken on 12 April this year and the results of the assessment are expected by the end of October. Member states will consider the findings and the information will also be made available to our Advisory Council on the Misuse of Drugs.

My hon. Friend referred to our review of sex offences, which is due to be published in the coming weeks for wide consultation on the various issues. That is another important context for the debate.

I entirely accept what my hon. Friend says about the need for speed in this matter. It cannot be delayed in the various processes. Perhaps I should not have used the word "speed". I did not realise the implications as I said it. My hon. Friend the Member for Harrow, West (Mr. Thomas), my Parliamentary Private Secretary, is more experienced in these matters. His laughter suggested that I had made a slight mis-statement that I ought to withdraw. Rapid action is very important. I assure my hon. Friend that we do not want to bog the process down in a bureaucratic morass that will take a long time to address. He rightly identified that the scientific evidence is the key. We want to be sure that we have got it right before deciding how to move forward. I know that my hon. Friend accepts that. He would not accept—and neither would I—that the need to get the scientific evidence right should be an excuse for delay in deciding how we proceed. The fact that he has brought the case to the House as he has this evening—powerfully and effectively—ensures that the momentum in addressing this is maintained.

The Government have a reasonable record in trying to address these issues, but we need to make sure that that continues. That is why I hope that what I have said tonight will reassure my hon. Friend that the Government are actively addressing his concerns about GHB in considering a range of future options, including legislative changes.

We are concerned to ensure that any decision to introduce future controls on the drug is properly based on the evidence, and that any new controls are as effective as possible. These are complex issues, and we are considering them. When the information is available, the Government will decide on how best to proceed. I hope that my hon. Friend will continue to press as he has this evening his case for expediting these matters rapidly, and I assure him that the Government take it as seriously as he does.

Question put and agreed to.

Adjourned accordingly at ten minutes past Eleven o'clock.