It is a pleasure to serve under your chairmanship, Dr Murrison.
Many hon. Members will be aware of the blight of drugs on our streets. The recent and ongoing emergence of novel synthetic opioids, particularly fentanyls and nitazenes, poses a particular risk to public safety and public health, not least because of their very high potency. It is those drugs that the Bill seeks to address, because with the rapid development of synthetic drugs, it is vital that new controls can come into force at the earliest opportunity to enable the police and other authorities to act in the interests of public safety.
The Bill seeks to amend the delegated power to specify controlled drugs under section 2 of the Misuse of Drugs Act 1971, so that the form of statutory instrument is regulations made by the Secretary of State rather than an Order in Council. The statutory instrument remains subject to the draft affirmative procedure and the statutory preconditions of acting after consultation with or on the recommendation of the Advisory Council on the Misuse of Drugs.
For Members who are not aware, the UK-wide Misuse of Drugs Act is the principal legislation to control substances that are dangerous or otherwise harmful. These substances become controlled drugs by being listed and classified as class A, B or C under schedule 2 to the Act, according to their relative harmfulness, or by being specified in a temporary drug class as a drug subject to a temporary control order.
The Act imposes the criminal penalties that many of us will be aware of in relation to offences such as unlawful possession, supply, offer to supply, production, and importation and exportation of those controlled drugs. Currently, any amendment to schedule 2 to control, remove from control or amend the control of drugs is made by Order in Council—in other words, by the King in Council. Orders can also be varied or revoked by a subsequent Order in Council.
For newbies like me who are not aware of what that means, let me explain. If we are looking to add a new substance to the list, we first have to go through the draft affirmative procedure with debates and approval by both Houses of Parliament. A statutory instrument then has to be made at the Privy Council and will come into force on a specified date, which is generally 28 days later. Given that the Privy Council generally meets only once each month, and not at all during recess, this means that it will be an additional four to six weeks following the debates in Parliament for a substance to be controlled under the law. In the interim, that means the police have limited powers to tackle those substances and are not able to throw the full force of the law at individuals supplying or possessing those substances, which, as we know, are very dangerous to public safety.