Psychoactive Substances

Private Members' Business – in the Northern Ireland Assembly at 3:30 pm on 18 May 2015.

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Debate resumed on motion:

That this Assembly expresses its concern at the impact of legal highs and in particular at the number of resulting deaths; and calls on the Minister of Health, Social Services and Public Safety to continue his work with the Home Office to ensure the introduction of new legislation across the United Kingdom to ban new psychoactive substances. — [Mr Easton.]

Photo of Fearghal McKinney Fearghal McKinney Social Democratic and Labour Party

I beg to move the following amendment:

Leave out all after "Office" and insert ";and to work with his counterpart in the Republic of Ireland in order to consider the benefits of banning the supply of psychoactive substances regardless of chemical composition.".

I welcome the opportunity to contribute to the debate, and I rise in support of the SDLP amendment, which calls for greater cooperation with the Republic in implementing effective legislation to deal with the issue. I thank the proposer of the motion for his consideration of the amendment, and, hopefully, he will find the remarks that I make later helpful.

Over the last number of years, legal — or ,should I say, lethal — highs have been an ongoing and increasing problem in our society, and it is our responsibility in this Chamber to do everything possible to limit and restrict the availability of these substances and educate those who may come in contact with them to be aware of the significant dangers that they present. We are now only beginning to form a clearer picture about the impact that psychoactive substances are having on society, but, worryingly, we still have incomplete data on the prevalence of these drugs and a lack of understanding about the acute and longer-term health implications of their use.

We know, for example, that in the UK 251 new psychoactive drugs were identified that were legal and being used by the population in 2012. The Public Health Agency tells us that, on average, one new drug is developed every week. Statistics also show us that drug-related deaths have increased from 102 in 2011 to 115 in 2013, and, locally, we have witnessed the devastating effects that those drugs have on individuals and their families. Twenty people needlessly lost their lives to lethal doses in 2013, and, as was highlighted earlier, just in April, there was, of course, the death of Adam Owens in Newtownards. Our sympathy goes out to his family.

As has been described, these substances are marketed as technically legal in the eyes of the law, but their availability is as a result of a loophole, if you like. They fall under the remit of the Medicines Act, which makes it illegal to sell, supply or advertise them for human consumption, but sellers, of course, have a number of tactics to get round this. They have been able to manipulate the market simply by putting a label on the package that says, "Not Fit for Human Consumption". They still go on the shelves and are still sold. To compound the issue, the Misuse of Drugs Act 1971 does not specifically prohibit the sale or use of technically legal substances, despite the fatal effects that they have on users. It bans psychoactive substances on an individual basis, but, where there is an inevitable time lag between new drugs coming onto the market and those new drugs becoming controlled under the Act itself, that is the very gap. It is a reactive response, and we need a preventative one. The problem is that manufacturers and sellers have been allowed to get around the Act and have altered the chemical composition of certain drugs. In doing so, they also make them more potent.

So it goes on and on. The drugs are ever-changing, and the landscape in which they operate is shrouded in a sort of semi-legality. Ban follows change follows ban. Given that backdrop, it is crucial that we can quickly pursue the most appropriate legislation to control these substances. In that context, I commend the innovative and imaginative approach taken by Belfast City Council and, as we heard from the Justice Minister earlier, the approaches taken in Larne and Omagh. They use the general product safety regulations in counteracting the sale of these drugs, and that enforcement activity has led to the courts granting forfeiture orders against head shops.

These regulations are intended to regulate the market rather than shut down a certain section; but this is only a number of councils. What more could we be doing, and what could we be doing regionally?

There is a better way, however, and this is at the heart of our amendment. A review of psychoactive substances was conducted by the Home Office, which appointed an expert panel to look at the issue. It set out to find the best ways to police legal highs and find the best ways to send a clear message to those involved in the trade that these drugs are reckless and dangerous. The panel made a number of recommendations that we hope Westminster will take forward immediately and that this motion and amendment, if agreed, will support.

The report also considered national and international best practice and responses and concluded that the UK should adopt legislation similar to that in the Republic. The Government there listened to the public outcry, acknowledged the health implications and went some way towards limiting the availability of these drugs. Through an Act in 2010, it was made illegal to advertise, sell, or supply for human consumption psychoactive substances not controlled under existing legislation. They effectively moved away from dealing with these drugs solely on an individual basis — the problem we are confronted with — and imposed a blanket ban on all new psychoactive substances.

The benefit of that approach can be witnessed from the fact that 102 head shops were shut down almost overnight, making a dramatic difference. The legislation removed the innovation element, limited demand, provided enforcement agencies with the necessary powers and, ultimately, helped protect the public by reducing antisocial behaviour, deaths and non-fatal health implications. So, the benefits of such legislation in the UK are apparent and they have action to deal with blatant profiteering at the cost of young people's lives and livelihoods.

Too many young people lose their lives needlessly, while others experience great anxiety and varying degrees of depression. Sadly, some take their own lives. We have only to look at the inconsistencies that have arisen from the lack of legislation on this issue to know how big the problem is.

We cannot simply say any more that this matter is not devolved. We need to make a racket at Westminster to ensure that legislation is enacted that is consistent with the Home Office review, so that we can quickly follow in their footsteps and, once and for all, make a real effort to end this lethal trade, which impacts so negatively on our young people. In that context, as I say, more needs to be done at Westminster. The SDLP's three MPs will be there pushing for such action, and I encourage all other MPs from here to do the same. The route map has been spelt out by the Republic, and, if pursued, would mean that we would have an all-island initiative to disrupt the supply chain for these dangerous drugs and, ultimately, protect life and public health.

The Health and Justice Ministers must work together with their counterparts in the Republic to consider further adopting such legislation, so that we put ourselves on a par with the Republic and increase awareness of the dangers of such legal substances. We cannot continue to bury our heads in the sand and wait for Westminster to act. After all, the public will ask us at some point to do something through devolution. Do we simply wait on Westminster to enact or do we lead a charge from here by saying to Westminster, "Look, there is a route map. Follow your Home Office advice; take the initiative"? The message from here, if we endorse the motion and amendment, as I hope we will do, would be very clearly in favour of following an initiative that is proven to work, has helped to save lives, has helped to put those who are trading in these illicit substances out of business and that has thwarted their profiteering, by which they have contributed to the deaths of many young people whose potential in life has been crippled or ended.

Photo of Maeve McLaughlin Maeve McLaughlin Sinn Féin 3:45, 18 May 2015

Go raibh maith agat, a Phríomh-LeasCheann Comhairle. I thank the proposer of the motion. This is a topic that we as a society all grapple with to develop our understanding and, primarily, support our children and young people.

(Mr Deputy Speaker [Mr Beggs] in the Chair)

As has been spelt out, it is the stark reality that Ireland has the highest use in Europe of these so-called legal highs. Much of that has resulted in death and grief for many families, across all our communities. There is no doubt that the issue is affecting our communities, right across the island and further afield. It has brought untold grief and pain to many families.

The fact is, as has been pointed out, that the current law is inadequate and that we need to move to enhance the legislation to a general ban. In dealing with the motion and the amendment, both of which I support, it is right to reflect on the fact that the key piece of legislation is the Misuse of Drugs Act 1971, which remains the responsibility of Westminster. We need to move, with a degree of urgency, on the recommendation from the expert panel that we need a general ban to be enacted. We need to learn from others and, as the proposer of the amendment has quite rightly outlined, the 26-county Government responded to community and public outcry by introducing the Criminal Justice (Psychoactive Substances) Act 2010. It is right to reflect that that Act banned a long list of drugs: somewhere in the region of 200. The new law passed to prohibit the sale, in general, of any dangerous or harmful psychoactive substance and, as a result of that work, overnight and in the few weeks following that Act, 150 head shops closed: a very positive outcome for community safety and in upholding the health and well-being of our children and young people.

We look, for example, at a similar fashion in Poland, which passed a new law last year eliminating the open sale of these drugs, and while we can and should reflect on and praise the endeavours of Belfast City Council in relation to the general product safety directive, they have taken that initiative. In my city, Derry City Council, in partnership with the PSNI and the environmental health agencies, has moved to carry out a number of initiatives around head shops, resulting in the closure of one. All that work is very welcome. Through the north-west addiction task force, there have been a similar number of operations resulting in the closure of local premises, and I have no doubt that here is a huge amount of work ongoing across our communities. Organisations locally, such as HURT and Divert, are invaluable in getting the message across, but what makes the issue increasingly serious is that these drugs are purchased online. Quite simply, the young people who I engage with on a fairly regular basis can tell me that these drugs are simply delivered to their door.

We have a duty of care to respond with appropriate legislation. We have seen models of best practice in other places, and we have a duty of care to protect the health and well-being of our children and young people. We need to move with a degree of urgency on this very complex and dangerous issue. I support the motion and the amendment.

Photo of Jo-Anne Dobson Jo-Anne Dobson UUP

I would like to start by expressing my personal sympathy, and that of my party, to young Adam Owens, who recently lost his life in Newtownards as a result of these substances. It is such a terrible loss of a young life. While he was by no means the first, I suspect that, even more tragically, he will not be the last.

Families across Northern Ireland have been ripped apart as a result of these drugs, and we must never forget them, nor the continuing anguish that they are going through. The substances are not safe, and many are not legal. That is why I welcome the mindset of moving away from calling them legal highs, especially as many come with the effects associated with illegal products.

The repeated emergence of new psychoactive substances is very worrying. Taking any substance that has not been properly tested, is made up of unknown ingredients or has not been prescribed comes with major risks. I am sure that I am not the only Member who has asked on different occasions why the Assembly does not just simply ban them. Aside from it being a reserved matter, it has already been said that the people behind the production of the substances are well aware of the only minor tweaks that they sometimes need to make to the ingredients to stay ahead of the law. However, although a flaw in the current law might keep them from being arrested, in my eyes, those who produce the products, knowing that it will often be children and young adults consuming them, are no better than any drug-related criminal. They may be free to generate pain and misery in return for profit at present, but the gap in the law is starting to close.

The previous Government had their expert panel investigate the issue, and I now fully expect the new Government to take the next step and introduce legislation to ban all psychoactive substances. Of course, banning will be only part of the solution. As we know through bitter experience, illicit drugs are still widely available to anyone who is determined enough to go out and look for them. Given the often younger audience that the substances are aimed at, warning of their dangers, especially through education, is essential. The notion that these drugs are legal, safe and something of a thrill must be ended. Current drug awareness programmes across our schools must be modernised to reflect these particular drugs.

Unfortunately, the task of educating young people about the danger of these drugs is made more difficult because they are widely available from a range of shops, and even takeaways, in towns across Northern Ireland. Putting the tagline "Not for human consumption" on the packaging may help to keep their producers one short step ahead of the law, but, in reality, some young people are now so acquainted with those types of products that they do not even notice that being there.

Local councils do have an important role to play in clamping down on their sale and distribution. The actions taken by Belfast City Council, the former Larne Borough Council and the former Omagh District Council have already been mentioned, but I wish to ask the Minister for his assessment of what other local councils are doing to tackle the sale of those products. This is not the first debate in the Assembly on the issue, and I suspect that it will not be the last. It would be a tragedy, however, not only for the family of young Adam Owens but for all the others who have been affected by those drugs, if we were to leave the lobbying to someone else. Change is required, and we must not be found wanting in achieving it.

Photo of Kieran McCarthy Kieran McCarthy Alliance

I am grateful for the opportunity to support the motion. Like everyone else in the Assembly, I was shocked and saddened by the tragic death of young Adam Owens from Newtownards in my constituency, who is the latest victim to lose his life from, as we understand it, so-called legal highs or new psychoactive substances. I take this opportunity to offer my total sympathy to the family and friends of young Adam. Their loss must surely be totally devastating. It is incumbent on us as legislators to act as soon as possible to outlaw the availability of those deadly substances so as to prevent further tragedies and heartbreak for everyone in our community.

I also wish to put on record my thanks and appreciation to those organisations out in the community that work so hard to prevent those disasters from happening in the first place, and I totally condemn the merchants who ply their evil trade.

At our Health Committee meeting recently, just after Adam's death, I asked the Committee to seek information from the former Minister of Health on what action can be or is being taken to tackle the issue. His response, dated 7 May, contains two and a half pages of actions, warnings and a determination by his Department, along with the Department of Justice and the PSNI, to sort it out at an early date. I have no doubt that the new Health Minister, who is with us this afternoon — I put on record my congratulations to him and, indeed, to his new assistant, who was a valued member of our Health Committee — will continue with the contents of the response that we got from the former Minister.

In that letter, the Minister told us that the Executive's agreed strategy recognises the new psychoactive substances as an emerging issue and seeks to direct some £8 million each year to implement the new strategic direction, which is phase 2. While that is very welcome, I believe that the most obvious and effective recourse is through legislation. That will require changes to the Misuse of Drugs Act 1971. In that regard, the Assembly should continue to press the Home Office for changes in the legal regime at a very early date. I know that our Minister of Justice, David Ford, has been pressing the Home Office about the issue, and I am sure that he will continue to do so with the new Government. In fact, during questions for oral answer last month, Mr Ford committed, as he did again today, to taking this up with the new Government. I am sure that he will continue to do so and that progress will hopefully shortly be made to put an end to this blight on our community.

Any legislative response has to be comprehensive. Simply adding new drugs to the existing list of banned substances risks this approach being subverted by small changes or tweaks to ingredients that bypass specific bans. As the former Minister's letter says, the Home Office in London has established an expert panel to look at the UK's legislative response to the issue. Its main recommendation was that the UK Government bring forward a ban on the sale of new psychoactive substances. I say this: "Bring it on now".

The authorities need to avoid playing constant catch-up in a game of constant modification by those making such drugs. In that regard, we can look to the General Product Safety Regulations 2005, and in particular we can commend the actions of Belfast City Council, as other Members have done, and, indeed, other councils. As far as I know, my own council for Ards and North Down has done similar work. Vendors, sellers or whoever simply cannot dismiss responsibility for the use that their products are being put to. That would, indeed, be shameful.

Finally, I believe that education is essential. That will require collaborative working across a number of agencies. The Public Health Agency, with appropriate funding, should have a central role in devising and articulating the core campaign warning young people in particular of the dangers of these substances and the impact upon their lives. There is also an important role for schools, further education colleges and universities to ensure that the relevant messages are being passed on to students. Those organisations working with young people who are not in education, employment or training also have a role.

Photo of Roy Beggs Roy Beggs UUP 4:00, 18 May 2015

The Member must draw his remarks to a close.

Photo of Kieran McCarthy Kieran McCarthy Alliance

We urgently need new legislation from Westminster, supported by the Assembly, to see an end to this scourge in society. That is why we in the Alliance Party will support the motion.

Photo of Roy Beggs Roy Beggs UUP

The Member's time is up.

Photo of Kieran McCarthy Kieran McCarthy Alliance

We simply cannot wait.

Photo of George Robinson George Robinson DUP

Last week in the Chamber, thanks to my DUP colleague Gary Middleton, we debated suicide. Today we are debating legal highs. I am forced to wonder whether there could be, in some cases, a connection between the two. Do legal highs lead to suicide or fatal outcomes in a minority of cases? I believe that they do.

This debate is all about people — people who think that it is acceptable to sell highly damaging drugs for personal profit without regard to the damage that is caused to other individuals and families. One report that I read described how a happy teenager was transformed into a suicidal teenager by legal highs. Does any Member present believe that that is an acceptable situation? Is it morally correct that, in Northern Ireland, we continue to let children as young as 11 have access to such dangerous substances? For me, the answer is a definite no to both questions. We must therefore act to stop these substances being made available, especially on the Internet, which, I was shocked to learn, still makes buying these deadly drugs relatively simple.

Some websites even tell visitors which legal highs are already banned and cannot, therefore, be purchased.

Reading of the aftermath that these drugs have for individuals and families is a distressing requirement for the debate, but the facts are also a reality for many families in Northern Ireland. Legal highs ruin lives, end lives and destroy families. I believe, therefore, that they must be made illegal.

I appreciate the fact that my colleague the Health Minister has just taken up his post, which I congratulate him on, but I ask him to continue the work of his predecessors on psychoactive substances so that, at the earliest possible moment, we can take definitive action against the sale of these deadly drugs. I most definitely support this very worthy motion.

Photo of Rosaleen McCorley Rosaleen McCorley Sinn Féin

Go raibh maith agat, a LeasCheann Comhairle. Ba mhaith liom tacú leis an rún seo inniu agus leis an leasú fosta. I support the motion and the amendment. The issue has been debated in the Assembly before. We have talked about it, and the connection with suicide has been mentioned. We are all only too aware that the issue has to be dealt with. We cannot just go on allowing it to happen. Action needs to be taken.

One aspect of these psychoactive substances that I find absolutely insidious is the title "legal high". That is very misleading and misleads young people into thinking that they are not so serious. The names that are given to the substances also sound quite innocent. I find all that shameful and despicable, because it allows the sellers to get away with selling products that have such damaging effects on people. They use a convenient disclaimer that the products are not fit for human consumption, but it is a fact that they are sold only for human consumption. It is imperative that we deal with this.

The other aspect — it has been mentioned already — is that, because the substances are unregulated, they are not tested or approved. Their content is totally unknown, and young people do not really know what they are taking. The devastating result is that, the more that people use the substances, the more their physical and mental health is in danger. The side effects are numerous and range from increased anxiety to problems with breathing, loss of consciousness and hallucinations. We have also heard people speaking about the many deaths that have occurred as a result of taking the substances.

This is a reserved matter and is governed under the Misuse of Drugs Act 1971, but there are limitations on the powers of that Act. That is not enough for us, and we need to seek our solutions in the North so that we can tackle the problem head-on.

There have been positive advances. It was mentioned that Belfast City Council had responded innovatively by using existing regulations. That was a good step forward. It utilised the General Product Safety Regulations 2005, which resulted in the successful prosecution of a number of individuals who faced charges of supplying a dangerous product — new psychoactive substances — from a city centre shop. Under the terms of the court order, those people are prohibited from selling those substances anywhere in the North. Other councils have followed suit, and more are expected to take the same action. My colleague Maeve McLaughlin talked about the legislation in the South of Ireland, which has had very positive outcomes in addressing the issue. At the same time, it is a very manipulative process. New substances come out week on week, and you can never take your eye off the ball. We all need to live up to that and deal with it. We can never be complacent; it is a problem that will always seek new ways to reinvent itself, and we need to be ahead of the game.

My constituency of West Belfast has a huge and growing problem. The impacts have been devastating. Many organisations have been mentioned today, but a local one, the Falls Community Council, has been at the forefront in tackling substance abuse and its effects on young people. Day and daily, it sees the damage that results and how young people become victims of the trade. Its work has very positive impacts, and it works to help young people to move away from the use of all kinds of drugs.

A while back, I attended a public event organised by the West Belfast district policing and community safety partnership (DPCSP) as part of the west Belfast féile. It focused on legal highs —

Photo of Roy Beggs Roy Beggs UUP

Will the Member draw her remarks to a close?

Photo of Rosaleen McCorley Rosaleen McCorley Sinn Féin

— and their impact on the community. I would like to mention Mothers Against Drugs, which is an organisation that was set up by a group of mothers who have been impacted by this. Their work in taking action on the issue has to be commended. I commend the motion.

Photo of Thomas Buchanan Thomas Buchanan DUP

I welcome the opportunity to speak on this important matter. It is right that we take a moment to remember the families who have been torn apart and the young people who have lost their life as a result of these substances in Northern Ireland.

It is good that, since I last brought the subject to the Floor of the House for debate in November 2014, changes have happened, albeit slowly. In my constituency in West Tyrone, a shop that was openly selling psychoactive substances, commonly referred to by the misleading name of "legal highs", was closed down as a direct result of a court order banning the sale of these substances in a Belfast shop. That development has had a ripple effect throughout the Province, as named individuals and a limited company were prevented from selling substances from premises in Belfast and right across Northern Ireland. As a direct result of the court order, premises in Omagh were closed down.

While I am delighted with that outcome, I am concerned that these products are still being openly sold on the streets of Omagh, which the PSNI seems to be powerless to curb. In Omagh, however, anecdotal evidence suggests that a list of regular users of these substances now receives deliveries of their chosen drugs to their home. The ease with which customers can order the drugs and have lethal substances sent to their home is alarming. Taking a quick glance through the numerous websites that offer the substances for sale, I see that they boast that home deliveries will be inconspicuously packaged in an unmarked envelope. Students in our universities and colleges are getting the drugs delivered to their room. It is the sharp rise in the easy availability of the drugs that is extremely worrying.

Why is it that the Government are always playing catch-up with the manufacturers of the drugs? The UK Government lag behind other jurisdictions that are leading the way in this fight. While I am delighted that we have had some small victories along the way, such as Belfast City Council tackling the matter outside the Misuse of Drugs Act by approaching it from a safety perspective, it is but a small drop in the ocean in comparison with the sales of the substances. The UK Government at Westminster need to look at proactive models for tackling these substances rather than always reacting and playing catch-up with the drug manufacturers, who have the ability to produce a new unregulated product very quickly after a ban comes into play. Legislation needs to be introduced to make it an offence to sell, import, export or advertise unregulated psychoactive substances, alongside the ongoing controls on identified substances under the existing misuse of drugs legislation.

As a result of the introduction of the Criminal Justice (Psychoactive Substances) Act 2010 in the South of Ireland, as already mentioned today, nearly all the head shops were closed down, and the national drugs unit was established to tackle online sales, which is obviously another very important issue. It is imperative that the UK Government make provision in any new legislation to tackle the ease with which sales of these products happen online. Domain names of websites that sell the products need to be reported to a dedicated branch in the PSNI.

Just because the products are not banned through the Misuse of Drugs Act, that does not mean that they are safe. They are unregulated and no one, not the customer nor the medical professional who may have to deal with the dire consequences of their use, knows what is in them or what the consequences will be. Psychoactive substances have potentially harmful effects ranging from numerous side effects to death. The extent of the risk to individuals across Northern Ireland, particularly young people, is huge. Far, far too many of our young people are being caught up with these substances —

Photo of Roy Beggs Roy Beggs UUP 4:15, 18 May 2015

Will the Member draw his remarks to a close?

Photo of Thomas Buchanan Thomas Buchanan DUP

— and finding themselves in extreme difficulties. I am delighted that Belfast City Council did not rest on its laurels but instead chose to tackle the problem. I urge the Minister to continue to take this forward in a way that will —

Photo of Roy Beggs Roy Beggs UUP

The Member's time is up.

Photo of Thomas Buchanan Thomas Buchanan DUP

— have a sustained effect in Northern Ireland.

Photo of Gary Middleton Gary Middleton DUP

I begin by joining others in thanking my colleagues for tabling this important motion.

There is no doubt that this is a serious issue in our communities and that psychoactive substances are having detrimental effects right across Northern Ireland. Misuse of the substances has become a worryingly popular trend that many young people and community members believe to be morally and legally acceptable because there is no penalty for obtaining them. That is why we need to address this as a matter of urgency. We must stand together to let our communities and our precious youth know that these substances are neither morally nor legally acceptable. We must act out of care to protect our communities from the use of the substances. The misconception of such substances being known as "legal highs" must be tackled because many psychoactive substances contain illegal elements.

The dangerous use of drugs is an ever-growing problem in our society. Many of our young people are becoming addicted to substances and drugs at a very young age. It has to be said that the effects of the drugs on all members of our society and increasingly among the youth of our communities is devastating. Once individuals are addicted, they often need to feed their addiction by trying new substances with even greater life-threatening risks. Sadly, it has been noted that, as a result of substance and drug abuse, communities begin to see an increase in antisocial behaviour and burglaries as people seek to fund their addiction.

Psychoactive substances negatively affect our communities. Many parents, as other Members have mentioned, have been left devastated because of the unpredictable reactions of their son or daughter as a result of taking the drugs. It is a problem that many families in my constituency have faced and, indeed, that families throughout Northern Ireland face daily. This is a serious and real concern as, in many instances, the ingredients contained in these substances are unknown and unregulated.

As the proposer stated, they are packaged so as to bypass the system and current legislation. Sadly, the substances are readily available in head shops in our towns and cities and on the online market. With such easy access to these perilous so-called legal highs, there needs to be a strategic approach to getting them off our streets and out of the marketplace. I commend the work of some councils and, indeed, the PSNI, which my fellow member for Foyle mentioned, in our constituency in tackling the head shops. I hope that similar methods can be implemented throughout all our council areas. As my colleagues have said, the Home Office must do all that it can to introduce new legislation across the United Kingdom to ban these substances.

Whilst it is important that we make the substances illegal, the problem must be tackled at its source. In reality, the majority of so-called legal highs are bought online from suppliers outside the UK and, indeed, outside Europe. As I mentioned, the ingredients are often unknown and what is written on the packaging is very different from what is in the substance itself. Such unlimited global online access to these products is deeply concerning and means that very many people are accessing them.

Just last week in the Chamber, we discussed the sensitive topic of suicide prevention. As a result of legal highs, individuals' characters are changing and their mental health is deteriorating, sometimes resulting in them taking their own life.

As with tackling suicide and promoting mental health, there needs to be cross-partnership working at all levels to ensure that the necessary help is available to prevent suicide and to support those who have addictions.

I hope that the new Government in Westminster and our Health Minister will do all they can to finally take action that will help to save lives and ensure a safer environment for all our citizens. I wholeheartedly support the motion and the amendment.

Photo of Basil McCrea Basil McCrea NI21

I wrote to the Minister of Justice last month about the issue of legal highs. As has been mentioned in the debate, the response was that it is not a devolved matter. However, he said that a number of successful strategies are being used by the health service and the local councils, including using consumer legislation, to deal with the matter.

The reason why I wrote to the Minister of Justice, and the reason why I am speaking today, is that I was contacted online by a lady called Grainne Woods, who mentioned to me the tragic death of Adam Owens. She said, "Basil, something urgently needs to be done to protect our young people from legal highs. This lad pleaded for help. Can you help raise this concern?"

I wanted to talk today to not just implore somebody to do something but to say that there is a real issue: people who know that they have a problem and are seeking help are not able to get it. I am struck by the description of Adam. He was 17, and he died in Newtownards. He had been to a house party with friends. He had known that he had a problem for about three years. He kept saying that he was going to turn his life around. Perhaps part of our attention should be placed on how we give advice and support to people rather than just saying, "These are illegal".

I was also struck last night; I came across a really tragic situation in Dublin. It is not quite the same, but it is pretty close: the sudden death of a 19-year-old who took some form of ecstasy that had been adulterated with poison. The real problem was that, although they got medics to her, they were not able to do anything. The doctor said — this is the issue with legal highs as well — that the problem is that there is such a cocktail of drugs in the tablets now that nobody really knows exactly what is in them. There is simply no way to provide the appropriate medical attention.

All that leads me to conclude that the issue of drug culture in our society is perhaps one that we have to deal with. Even now, there is discussion about whether there are health benefits from cannabis, what exactly the effective ingredients in it are and whether it is something that we should be looking at with regard to medicinal use. The whole issue is about understanding exactly what the active ingredients are. I am really sorry for the families of Adam Owens and Ana Hick, who saw the tragic loss of their children. We, as legislators, maybe need to think about how we engage in a proper debate about the drugs culture. It is one of the more significant issues affecting our society.

It is not really necessary for me to prolong the debate. Speaking at this stage in the Chamber, much of what has to be said has been said, but it is perhaps worth saying that we need to do something and not just implore others to do something. It is not possible for us to do anything through legislation on matters that are not devolved, but I suspect that it would be a good thing if the parties with MPs were to use their good offices to try to deal with the matter.

I would be interested to hear what the Minister has to say about how we provide support to people struggling with an addiction to dangerous substances. Frankly, whether they are legal or not is irrelevant; the fact is that those things do a lot of harm. It is part of the fabric of our society. It is not the right way forward for young people, but telling them that it is not the right way forward is not going to change anything. We need creative, effective intervention that will explain to our people, "These are the risks that you are facing". On that, Mr Deputy Speaker, I conclude my remarks.

Photo of Simon Hamilton Simon Hamilton DUP

Thank you, Mr Deputy Speaker. I begin by thanking Mr Easton and Mrs Cameron for bringing the motion to the Floor. Indeed, I thank everyone who has spoken today.

One of the most important public health challenges facing us is the need to prevent and reduce the harm that alcohol and drug misuse causes to individuals, families and wider communities. Episodes, such as the major incident that occurred at the Odyssey last year, or, more tragically, the number of potentially drug-related deaths that have occurred recently, serve to highlight the real consequences of substance misuse. I join others in passing on my condolences to all families who have, tragically, been affected by the issue.

Worryingly, a new challenge has arisen through the availability and use of so-called legal highs, an issue that has, unfortunately and sadly, been brought to the fore again by the recent tragic death of Adam Owens, a 17-year-old former pupil of my old school, Regent House, who died in Newtownards in April. I extend my sympathy to Adam's family and pass on my condolences to them.

These are substances that have a psychoactive effect but which are not classified under the UK-wide Misuse of Drugs Act 1971. However, the term "legal highs" is misleading. We should, therefore, try as best as we possibly can to refer to them as new psychoactive substances (NPS). The key message that needs to come from the Chamber today is that these substances are not safe. They are marked, "Not for human consumption" for a reason, as the sellers are trying to get round our existing drug laws and regulations.

Let us be absolutely clear, Mr Deputy Speaker: taking any substance that has not been prescribed for you comes with real risks. These new psychoactive substances have not been tested, they do not go through quality assurance, there is no way of knowing what they actually contain, and, therefore, they are potentially more dangerous than drugs such as Ecstasy or cannabis. In fact, they may not even be legal. Test purchases conducted by the police and forensic services across the UK, in 2013-14, showed that almost 20% of NPS contained drugs controlled under the Misuse Of Drugs Act 1971. So, in fact, one in five substances sold as so-called legal highs is not legal, and anyone purchasing them could be arrested for possession of a controlled substance.

Given the nature of the issue, it is difficult to get an accurate picture of how prevalent the misuse of these substances is. However, a survey in 2010-11 indicated that 2% and 2·4% of the population had taken the then legal Mephedrone and new psychoactive substances respectively. Things may have changed since then, and that survey is being rerun to give a clearer picture about the current extent of use. In 2013-14, figures from our treatment services also indicated that 15% of those in treatment reported the use of the now banned Mephedrone.

I move now to tackling supply. As many highlighted today, the key legislation, the 1971 Misuse of Drugs Act, is a reserved matter and is led by the UK Government at Westminster. Therefore this is an area that my Department has raised through the British-Irish Council and the North/South Ministerial Council, and I will ensure that it remains on the agenda of those key groups.

The enforcement of the Misuse of Drugs Act is the responsibility of the PSNI. My Department also helps to address the issue through the enforcement of human medicines regulations. Where the sale of new psychoactive substances breaches either of those pieces of legislation, enforcement activity can be, and is, undertaken.

In addition, Belfast City Council, supported by a range of key agencies, has undertaken enforcement activity against so-called head shops using the general product safety regulations. That has resulted in a forfeiture order. Further action has led to an injunction against one premises selling these substances anywhere in Northern Ireland. That is to be broadly welcomed. I know that other councils have been watching Belfast’s approach, and I hope that that will encourage them to take similar action in their areas. I recognise and acknowledge reference made by many Members today to some councils and the action that they are taking.

In 2011, following approaches from various stakeholders, including my Department, the UK Government amended the Misuse of Drugs Act to incorporate a new classification for placing drugs under temporary control for up to 12 months. It is worth acknowledging that those temporary banning powers were primarily a result, I understand, of pressure from Northern Ireland because of the prevalence of the use of psychoactive substances here.

This temporary banning power is aimed at tackling the threat that new substances pose to public health by responding on a cautionary basis. It has been a good first step in addressing the issue. So far, temporary or permanent bans have been imposed on more than 350 substances, and, when combined with enforcement activity, help us begin to tackle the issue. However, we have to do more. New substances continue to emerge at the rate of one new drug a week. That is why previous Ministers at my Department have regularly raised this issue with the Home Secretary, in seeking a more robust and consistent approach.

Following that lobbying, the Home Office established an expert panel to look at the UK’s legislation. The panel reported in late 2014. Its main recommendation was that the UK Government bring forward legislation to undertake a general ban on the sale of psychoactive substances, while providing exemptions for existing products, such as alcohol and prescription medicines. I understand that this proposal is similar to legislation already brought forward in Ireland. To refer to the amendment, I am content to continue to work with colleagues across the border and learn from their experience, particularly in outlawing psychoactive substances. I am pleased that Her Majesty's Government have broadly accepted the recommendation. The Home Office is working with us and the other devolved Administrations to develop appropriate proposals. I hope that legislation can be brought forward early in the life of the new UK Government. My officials and I will continue to work with the Home Office to see it brought forward as soon as possible, and I ask all parties’ MPs to support this work as it goes through the legislative process at Westminster.

As some Members mentioned, the Internet also plays a role. Although addressing sales in head shops may be only part of the solution, it would be an important step. The availability of these substances on our high streets has the potential to change social norms; therefore, stopping these sales will send a clear message that drug misuse is not acceptable and not part of everyday life. However, I recognise that we also need to work with our UK Government and other EU member states to address the issue in a broader context, including working with agencies such as Interpol to tackle international sales.

To improve local information, we have also set up an early warning system in partnership with the PSNI, the Public Health Agency and the Department of Justice. The drug and alcohol monitoring and information system seeks to get information, identify new substances and provide advice as soon as possible. The system has been used to disseminate information about a range of substances, and the Chief Medical Officer has issued a number of alerts based on its information. It is also used to feed into the permanent or temporary banning processes and to inform policy and practice. My Department and the Public Health Agency will continue to use this information to raise awareness of the dangers of these substances and to put appropriate treatment services in place.

We commission and provide a range of treatment and support services across Northern Ireland, from education and information, through early intervention and harm reduction, up to specialist treatment and, to refer to Mr McCrea's comments, support services. These services are detailed on the Public Health Agency website. Although none of these services deals with new psychoactive substances in isolation, they are all equipped to deal with alcohol and drug misuse generally. From a treatment perspective, while these substances are new, they often mimic existing drugs, therefore treatment services should be able to deal with those presenting under existing treatment models. It should be noted that the PHA is currently in the process of re-tendering for a range of services that are due to come on stream in July 2015. The new services will be tasked with addressing emerging issues including new psychoactive substances.

The PHA is working to develop the alcohol and drug misuse workforce, including rolling out training on NPS and other substances. New evidence and research will also feed into treatment models and guidelines as appropriate.

That is an overview of the work being taken forward on new psychoactive substances. However, we recognise that there are no easy answers. There are considerable gaps in our knowledge and understanding of psychoactive substances, and there will remain a range of residual and future challenges that will need to be addressed, as there is with illicit drug use. However, we remain committed to tackling this issue. We need to ensure that we continue to get the message out that taking any drug that has not been prescribed for you has real risks for your mental, emotional and physical well-being.

In fact, as we have seen recently, it has the potential to have tragic and fatal consequences.

Photo of Joe Byrne Joe Byrne Social Democratic and Labour Party 4:30, 18 May 2015

I welcome the opportunity to wind up on today's important debate. I rise in support of the SDLP amendment and welcome the support across the House for it.

As Members have said, the issue of legal highs or new psychoactive substances is complex and difficult, but there is no doubt that action can be taken so that we can go some way in attempting to tackle the issue. The public are looking for the Assembly to take some action. It is understandable that most of us are increasingly concerned about the growing availability of substances that are sold as legal highs. We need to discourage the use of that term because, unfortunately, it leads people to assume that they must be safe when they are not. As many Members have rightly said, a number of deaths in Northern Ireland have been linked to taking such products. We saw 20 people die from taking one substance in 2013 alone, and, as others have mentioned, there was another death just last month in Newtownards.

We have had a number of important cases in Omagh to do with the problem as well. Recently, in the local newspaper, the 'Tyrone Herald', an example was given of a tradesman who is responsible for training young joiners:

"He recounted the experience of a 27-year-old Omagh man who he knows personally. 'He is mentally scarred for the rest of his life, he will never be right again,' he claimed. He said the parents of the man contacted him several months ago asking for help. 'We spent hours with him trying to talk with him, but it was going in one ear and out the other. He just couldn’t take it in, he wasn’t all there. We were trying everything to get him off it. His mother was in a terrible state, she had nowhere to turn to for help'".

Mr McCrea referred to that. The article continues:

"'The devastation this causes to families is unbelievable. When this young fella was on these drugs, his family couldn’t even stay in the house.' Eventually health professionals agreed to intervene, but only when accompanied by police officers. That intervention came several months ago and according to the joiner, the 27-year-old has been kept under medical care since. 'He’s lost all of his faculties, he’s not all there now'".

That is the tragedy of what is happening.

Although the control of drugs is a reserved issue, the challenges that emerge from these new substances should be of more concern to the Assembly. Great work has been undertaken by Belfast City Council and, indeed, some other councils, but, as Mr Buchanan said, he raised the issue here months ago because of the plight and concern of some parents and families.

In our amendment, we have asked for cooperation with the Government in the Republic. We need that sort of cooperation. In Omagh, we had the situation of a head shop that was owned by someone who also had a shop in Letterkenny. When the Letterkenny shop closed as a result of the legislation in the South, all the sales were coming through the Omagh shop. We had a situation where students would be queueing up in the evening to buy some of these legal highs in their uniforms, and they were also able to resell them to their classmates and friends. Again, the authorities were slow to recognise the plight and the difficulty that that was posing for parents and teachers.

These drugs do, to some degree, also fall under the remit of the Medicines Act 1968, which makes it illegal to sell, supply or advertise them for human consumption. Manufacturers and sellers have been able to manipulate the market to the detriment of our young people. All they need to do is label the package with the disclaimer, "Not fit for human consumption". The Minister referred to the fact that these drugs are not fit for human consumption. The problem is that young people will often take things that are not fit for human consumption if it gives them this high experience. However, the high experience is so high that it causes mental damage. Many Members have referred to the fact that we have major mental health problems as a result of the use of these illegal substances. It is causing massive pain.

The time has come for action. There has been obfuscation by the Minister of Justice and others, hiding behind the fact that primary legislation is required. The reality is that action could have been taken earlier. Let us have the action now.

Photo of Pam Cameron Pam Cameron DUP

I welcome the opportunity to make the winding-up speech on this very important matter today and take the opportunity to welcome Minister Hamilton to his new and very difficult role of dealing with the health service in Northern Ireland.

As everyone in the House has recognised, the need for greater control on new psychoactive substances has never been more important, and, along with the Home Office, we must continue to press for tighter controls on this reserved issue as a matter of urgency. New psychoactive substances, or legal highs, are on open sale across the United Kingdom, and I believe that a joined-up approach is long overdue.

The obvious disparity in drug regulation has led to a shift in social attitudes surrounding misuse and, in many ways, has normalised the taking of those substances among young people. Through the media and television, we are all familiar with the images of seedy drug deals taking place on street corners and in dark alleyways. Although the drugs are rightly prohibited under the Misuse of Drugs Act 1971, we are dealing with an epidemic of substances being dealt in plain sight in so-called head shops across Northern Ireland and openly through the Internet. The substances have not been tested. There is no quality assurance, and there is no way of knowing what exactly they contain, as often what is listed on the packaging is far from the actual chemical components making up the product.

Anecdotal evidence suggests that the effects can be much worse than those of other illegal drugs such as cocaine and Ecstasy, simply because the components regularly change as compounds are identified and banned. It is particularly worrying that the substances are very often taken in polydrug usage, combined with a cocktail of alcohol and other illegal drugs or prescription medications. That combination of stimulants, hallucinogens and depressants can lead to breathing difficulties, anxiety, collapse and, in the worst cases, even death.

In 2013-14, 20 deaths were linked to new psychoactive substances in Northern Ireland. My fear is that the figure may be much greater than that owing to the difficulties with forensic identification. In addition, I am concerned that people are putting their long-term mental and physical health at risk. There have been many reported cases of psychotic episodes following periods of prolonged use, with some occurring long after the user has stopped taking the substances. It has also been documented that infection with HIV and hepatitis B and C is higher among users of those substances, as they may be more prone to entering into unprotected sexual encounters or sharing needles.

At this point, I want to refer to some of the comments made in the Chamber today, which were many. I will start with the proposer of the motion, Mr Easton, who spoke of the accessibility of legal highs. He talked about the misleading term "legal high", which makes the substances sound safe or legal for human consumption. He spoke about the sheer volume and speed with which the substances appear on the market and also about the various organisations that are attempting to tackle the use of legal highs, including local government. He stated that, in 2013, the Home Office appointed an expert panel to consider how the issue of new psychoactive substances could be addressed. He accepted the amendment from the SDLP but stressed the need for legislation to deal specifically with the issue. He added that the issue of legal highs is too important for us to play politics with.

Mr McKinney moved the amendment, and he spoke of the need for individuals to be aware of the danger of legal — or "lethal", as he said — highs. He talked about how the number of drug-related deaths has risen and said that substances marketed as technically legal by sellers can manipulate the market by stating that they are not fit for human consumption.

Ms McLaughlin talked about the stark reality that Ireland has the highest use of such substances in Europe. She also mentioned the untold grief and pain that has been brought to families. She talked about the enhancement of legislation to a general ban and about the need to move on the recommendations from the expert panel. She welcomed the closure of the very many head shops.

Mrs Dobson spoke about the families across Northern Ireland that have been ripped apart as a result of these drugs, and she welcomed the move away from the description "legal highs". She mentioned that it is a reserved matter and said that those who produce these products are no better than drug dealers. She also said that change is required.

Mr McCarthy said that he was shocked and saddened by the death of Adam Owens, and I know that Adam Owens was mentioned a number of times during the debate. Mr McCarthy spoke of the Minister and the Department's response to previous similar issues, and he said that, for him, the most obvious and effective recourse is the introduction of legislation. He talked about the fact that David Ford has raised the matter in his capacity as Justice Minister, and he also said that education is essential.

Mr Robinson asked whether there is a link between suicide and the use of legal highs. He spoke about how these highly damaging drugs are being sold for personal profit without regard to the damage that is caused to individuals and their families. He spoke passionately and asked whether it is morally right that Northern Ireland continues to let children as young as 11 have access to such dangerous substances. He called for those substances to be made illegal.

Ms McCorley supported the motion and the amendment. She said that the issue needs to be dealt with and that the description "legal high" is misleading. She also said that the people who sell the product are shameful and despicable.

Mr Buchanan said that it is right that we remember those who lost their life through the use of these substances. I am sure we can all echo that across the Chamber. He was concerned that the products are being sold openly in Omagh, and he spoke about the ease of accessing the drugs. He said that the sharp rise in this type of drug use is extremely worrying and that legislation needs to be introduced. He said that the drugs are unregulated and that their contents are unknown.

Mr Middleton was in no doubt that it is a serious issue and that the misuse of these substances is a worryingly popular trend. He said that the substances are not morally acceptable and that many young people are becoming addicted to drugs like this. He said that communities are seeing an increase in antisocial behaviour, and he talked about the global and unlimited access to these drugs.

Mr McCrea said that he had written to the Minister of Justice on the issue and was told that it is not a devolved matter. He also mentioned the tragic case of Adam Owens. He talked about the cocktail of drugs and the fact that we have no way of knowing what exactly is in them. He mentioned the provision of support to those suffering from addiction and said that there should be some creative intervention on the matter.

Whilst other areas can learn from the inroads made by Belfast City Council and Omagh council in policing the sale of these products through the General Product Safety Regulations 2005, and although the Home Secretary has moved to introduce temporary drug banning orders, I believe that more must be done to remove this blight. The volume of these substances reaching our streets is truly frightening, and the speed with which new formulations are being developed is staggering. As we play cat and mouse with commercial chemists and those who wish to profit from the misery of others, the people of Northern Ireland who take those substances are putting their life at risk.

I am aware that the Minister's predecessors have been working with the Home Officer to introduce UK-wide legislation to ban new psychoactive substances. As the Minister begins his new role, I trust that he will continue the work to ensure that we are doing all that we can to remove these dangerous substances from our streets. I will do all that I can, personally and as a member of the Health Committee, to support that work. I wish my colleague every success in this matter, and I give him my best wishes going forward in his new ministerial position. I support the motion.

Question, That the amendment be made, put and agreed to.

Main Question, as amended, put and agreed to. Resolved:

That this Assembly expresses its concern at the impact of legal highs and in particular at the number of resulting deaths; and calls on the Minister of Health, Social Services and Public Safety to continue his work with the Home Office; and to work with his counterpart in the Republic of Ireland in order to consider the benefits of banning the supply of psychoactive substances regardless of chemical composition.

Adjourned at 4.50 pm.