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This instrument, laid before Parliament on 10 June, takes urgent action to control a new and very dangerous class of synthetic opioid. In the space of little over a year, orphines have been involved in at least 22 deaths in the United Kingdom, and 14 of those deaths were sadly between December and March. The UK is not alone in this respect: between 2024 and April this year, the United Nations Office on Drugs and Crime received 206 reports from numerous countries of drug samples that contained orphine compounds.
I am particularly grateful to the Advisory Council on the Misuse of Drugs for prioritising an assessment of these deeply harmful substances. Its report was published on 30 April, and the dangers we face here are encapsulated in the following line from that report:
“the risk to the population from these recently emerging compounds is sufficiently great that urgent steps are required to protect public health”.
The Government have heard that message loud and clear, and we are acting at pace. We enacted a temporary class drug order, TCDO, to control these drugs, less than six weeks after the council produced its report. The TCDO covers seven orphines: three that have tragically been involved in those deaths here in the UK, and four that the EU Drugs Agency has notified as being present in EU drug markets.
This is the first TCDO in 10 years, so I will take a moment to remind noble Lords about what these orders do. A temporary class drug order makes it a specific offence to produce, supply or offer to supply these seven orphines; to export or import them; or to possess them when there is also an intention to supply. Doing any of these things can result in up to 14 years in prison, the same as for a class B drug.
The TCDO also provides that the substances should be treated as if they were in Schedule 1 to the Misuse of Drugs Regulations 2001. Scheduling here covers the circumstances in which a controlled substance can be used legitimately, and the procedures that must be followed in doing so. Schedule 1 covers substances with no known medical uses, which is the case with these seven drugs. Anyone who needs to make legitimate use of them, for example in research, would need to apply to the Home Office to obtain a licence.
This instrument uses the made affirmative procedure. This reflects a balance between the requirement to put in place urgent measures to safeguard public health and the need for proper parliamentary scrutiny of measures, which expand the scope of criminal law. Under the provisions of the Misuse of Drugs Act, the TCDO must be approved by both Houses of Parliament within 40 days of it being made. I know noble Lords will be pleased to note that the other place, the House of Commons, approved it last night, and I hope this House will do so by Friday’s deadline.
My colleague Sarah Jones MP, the Minister for Policing and Crime, also accepted the further recommendation from the advisory council that the TCDO be followed by a permanent control, which would make orphines class A drugs. This would cover not only these seven substances but also two “generic definitions” of orphines. The purpose of those is to make it harder for criminals to circumvent the controls by making slight tweaks to the chemical composition of what they sell. Noble Lords will doubtless agree with colleagues on the Secondary Legislation Scrutiny Committee that the class A control should come into force swiftly. So, although I am not able to give a precise timetable today, I can confirm that we will act as soon as possible.