HL Deb 13 December 1990 vol 524 cc638-40

7.21 p.m.

Earl Ferrers rose to move, That the draft order laid before the House on 21st November be approved [3rd Report from the Joint Committee].

The noble Earl said: My Lords, the purpose of the order is to add three substances to the list of substances which are controlled under the Misuse of Drugs Act 1971. They are N-Hydroxy Tenamphetamine, 4-Methyl-Am inorex and Midazolam. The order is necessary in order to enable the United Kingdom to comply with a decision, taken last January, to bring these three substances under the control of the 1971 United Nations convention on psychotropic substances. As a party to that convention we in the United Kingdom are obliged to take corresponding measures to bring the drugs under the control of our own domestic legislation. I cannot profess to be a pharmacologist and I hope, therefore, that your Lordships will be kind enough not to press me to explain the composition of the drugs in too much detail, nor to ask me to keep repeating their names.

Lord Richard

My Lords, perhaps the noble Earl will repeat his speech.

Earl Ferrers

My Lords, the noble Lord is most encouraging in asking me to repeat the speech; perhaps I shall do so.

I take the simplest-sounding drug first. Midazolam is used in hospitals as a pre-operative sedative. It is marketed in the United Kingdom under the proprietary name of Hypnovel. It is one of the group of drugs known as the benzodiazepines, 33 of which are already controlled under the misuse of drugs legislation.

As far as we know, the drug is not currently being misused in this country. But according to the World Health Organisation, whose experts advise the United Nations on questions of drug scheduling, abuse of midazolam is reported in several countries. There is also evidence in a number of countries of illicit trafficking and diversion of it for nefarious purposes.

The other two drugs have stimulant properties which are similar to the amphetamine group of drugs, but neither is used for clinical or therapeutic purposes. According to the World Health Organisation's experts N-Hydroxy Tenamphetamine—which is also known as N-Hydroxy MDA—has been identified in illicit traffic in both the USA and Europe, and clandestine production has been reported.

With regard to 4-Methyl-Aminorex, the World Health Organisation said that although no epidemiological data of actual abuse is available there have been individual case reports and at least one death has been reported. There is evidence of illicit traffic and clandestine production in the United States of America. We can be thankful that there is no evidence that these substances are currently being misused in the United Kingdom. By scheduling them now, in accordance with our treaty obligations, we can hope that this will prevent any abuse in the future.

In accordance with statutory requirements the Advisory Council on the Misuse of Drugs has been consulted about the proposals to bring these substances under control. The council is content that all three substances should be made subject to control. The order proposes that N-Hydroxy Tenamphetamine and 4-Methyl-Aminorex should be added to the list of controlled drugs which are specified in Class A of Schedule 2 to the 1971 Act. The effect will be that the unlawful possession and supply of these drugs will become punishable on indictment by maximum penalties of seven years and life imprisonment respectively or an unlimited fine, or both.

Midazolam would be added to the list of drugs which are specified in Class C of Schedule 2 to the 1971 Act. This is the lowest tier of classification and its effect will be that the unlawful possession and supply of the drugs will become punishable on indictment by maximum penalties of two years and five years' imprisonment respectively or an unlimited fine, or both.

If the order is approved my right honourable friend the Home Secretary will submit amendment regulations which will bring all three drugs under the control of the Misuse of Drugs Regulations 1985. In broad terms, these controls will be similar to those which apply to other drugs which have the same potential for abuse. The regulatory proposals, which have been recommended by the advisory council, will comply with the obligations of the United Nations convention. My right honourable friend has consulted the organisations which represent the medical professions and the pharmaceutical industry and I am glad to say that the proposals have their support.

Despite the fact that the substances mentioned in the order are practically beyond both the comprehension and articulation by the layman, I believe that your Lordships will find the order and its contents uncontroversial. If the order is approved it is my right honourable friend's aim to bring it and the relevant amendment regulations into force in February of next year. I commend the order. I beg to move.

Moved, That the draft order laid before the House on 21st November be approved [3rd Report from the Joint Committee].—(Earl Ferrers.)

Lord Richard

My Lords, I have only two comments to make. First, I thank the noble Earl for his kind words about me when speaking on the previous order. Secondly, I congratulate him and express my admiration of the skill with which he threaded his way through the medical dictionary. He will be happy to hear that I have nothing to say on the Motion.

On Question, Motion agreed to.

House adjourned at twenty-eight minutes past seven o'clock.