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UK: Charles Kennedy: I don't. But why shouldn't they?

Charles Kennedy MP

The Independent on Sunday

Sunday 15 Jul 2001

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Since the election we have truly seen politics on the move. Labour has
advocated more radical private involvement in public services than even the
most ardent Thatcherite would have dared. Michael Portillo has emerged as
the "liberal" candidate for the Conservative leadership. To cap it all,
Peter Lilley has called for the legalisation of cannabis.

It is all a far cry from nearly two years ago when, in one of my first
interviews as the newly elected Liberal Democrat leader, I confirmed my
support for long-standing party policy on drugs - namely, that a royal
commission should be established to examine all aspects of the issue. This
led to loud headlines and an even louder condemnation from one Ann Widdecombe.

The Lilley conversion marks a watershed since then and, with the new Home
Secretary calling for an "adult, intelligent debate", we may be on the
verge of rationality. But if David Blunkett really wants such a debate,
there needs to be an authoritative forum. A standing royal commission or
similar is surely the best. Although for the moment the new Secretary of
State may say he has ruled this out, there is time for reconsideration -
particularly if this issue is still on the agenda of the Conservative Party
after their leadership election is over.

Mr Blunkett seems to prefer a bottom-up approach, with the police trying
out different tactics where and when they can. That's a useful strategy,
but it's only part of the answer. It leaves Parliament outside the debate.
It leaves experts out in the cold. And it leaves the country with a sense
of drift.

But above all, it leaves those of us who want a debate on drugs with a duty
to promote one, and to advance our own proposals. That's one reason why the
Liberal Democrats have already started our own far-reaching inquiry, which
will take evidence from a wide range of people and organisations, and
report for a decision by our party early next year. Inevitably, this will
have a substantial focus on cannabis, on which the public appears to have a
much more liberal attitude than many politicians.

Millions of people have used the drug - 25 per cent of 16- to 59-year-olds
according to the 1998 British Crime Survey - yet the law currently makes
those people criminals. That seems not only to be an unenforceable
position, but also, quite frankly, an insult to many decent people
throughout the land. Is an 18-year-old who smokes a joint at a campus party
really in the same category as a dealer in crack cocaine?

I believe the present situation has become untenable. For a start, cannabis
should be legalised for medical use. It has proven benefits for sufferers
of, for example, multiple sclerosis, and it is callous to deny them relief
from their condition. Occasional court rulings have already reflected this
compassionate view.

The Police Foundation's Runciman committee proposes moving towards the
decriminalisation of cannabis for recreational users, and it is my view
that this should happen. So let's be clear about what the Police
Foundation's recommendations would and would not mean. It would not mean
government pretending that cannabis was harmless, or allowing it to be
available freely on street corners. It would not mean that the dangers of
cannabis as a "gateway" to harder drugs were overlooked. The courts would
still be able to use fines to discourage people from using the drug, to
send the signal that it is harmful. And, most importantly, the traffickers,
who use cannabis to move people on to harder drugs, would still face prison.

Implementation of the recommendations would, however, mean cannabis became
a Class C drug, instead of Class B, so people would no longer find
themselves in prison for possessing it for personal use. If prosecution for
possession were the exception, we would no longer be criminalising millions
of people just for use of cannabis, which stops them visiting countries
such as the US and harms their job prospects. This cannot be an appropriate
response to such a widespread activity.

But changing the usual consequences of using cannabis is only the start of
reassessing drugs policy. As a "problem", cannabis is a sideshow compared
to hard drugs. Cocaine is powerfully addictive, leading to serious
psychological and medical problems. Heroin is just as bad. And with both
drugs, there are the dangers caused by the criminal nature of suppliers:
impure drugs which have dreadful consequences, the ability of dealers to up
the price once somebody is addicted, and the crimes to which people are
driven to feed their habit.

The dangers of hard drugs mean that it is hard to apply the same civil
liberties arguments as to cannabis. But we have to recognise that the
current system for dealing with hard drugs is not working either. It is too
lucrative for too many people, and it is becoming too widespread for many
things that the police can do to make a major difference.

That means we have to find better methods of undercutting the criminals.
There are many ways of doing this. Perhaps the best option, one that a
royal commission could investigate seriously, is to allow doctors broader
powers to prescribe drugs or appropriate substitutes to addicts. That might
not stop people taking the drugs in the first place, but it may mean that
we can more effectively remove them from the cycle of addiction and crime
that befalls them. Of course, any such scheme should be aimed at getting
people off drugs entirely, but people will have a clear choice. Continue to
take drugs from criminals, or visit your GP and join a programme that will
allow you to kick the habit.

Under the regulations made in 1985 under the Misuse of Drugs Act 1971,
there is already a system which allows the Home Secretary to license
doctors to prescribe some of the most dangerous drugs, aside from drug
alternatives such as methadone. But there needs to be a clearer
understanding of which kinds of treatments work. There is now a growing
body of evidence from the UK, the US and elsewhere that could inform a
royal commission.

But we won't be able to move forward unless we have the kind of sustained
analysis of the evidence that a body a royal commission could provide. The
kind of debate that is necessary can never take place as long as the broad
issue of drugs is shrouded in fear. Nobody has a monopoly on wisdom. That's
why the advice of a royal commission on drugs would be so useful if there
is in the near future to be any widely agreed change in the law, and
coherent strategies aimed at preventing misuse of drugs. This is the best
approach to provide the country with the constructive debate it deserves -
a debate in which the public and politicians engage with the experts, and
the yah-boo of party politics is relegated to the place it deserves.

 

 

 

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