We will, therefore, now move on to the short debate. Today's short debate is to be presented by Jayne Bryant. We will move immediately to that short debate and Jayne Bryant. 

Diolch, Llywydd. I've agreed to give James Evans and Peredur Owen Griffiths each a minute in this debate. 

2021 marks 50 years since the Misuse of Drugs Act 1971 was passed in the UK Parliament. While that policy was designed to prevent drug use and reduce harm, we have witnessed instead an exceptional rise in illegal drug use, addiction, and drug-related deaths across the UK. Simultaneously, drugs are getting stronger, criminal gangs are growing in power, and the violence linked to drugs is increasing. Perhaps most worrying, thousands of children and young people are being exploited across county lines and borders in every corner of the country. 

Today's situation represents a very serious failing in the drug laws, but in-depth and serious discussion on reform remains miles away. This urgently needs to change. We here must open a discussion about what's gone wrong and how we might do things differently: differently, by changing how we think about drugs and in what terms we discuss them; differently, by considering the conditions that are specific to Wales, and what influence we as a Senedd have; differently, by looking outward, learning from our friends and neighbours, taking inspiration from what the international community is doing to combat a serious problem.

In a period where the phrase 'listen to the science' has taken on a greater resonance than at any point in history, perhaps it's appropriate to look again at what scientific research is heading. For example, some cutting-edge contemporary research is being conducted on the use of psychedelics in medicine. Particularly encouraging is work being undertaken on their use in treating long-standing mental health conditions and post-traumatic stress disorder. Others focus their research on more well-known substances, such as medicinal cannabis.

Cannabis had become illegal 100 years ago, although it remained in use as a prescription drug in Britain until 1973. Evidence suggests that those suffering from the hardest-to-treat forms of epilepsy can see the number and intensity of seizures they suffer decrease substantially if treated with products derived from the core cannabinoid CBD. UK law changed in 2018 to allow medicinal cannabis use under particular, limited circumstances. This represented a welcome step forward, but, since the change, only a small number of prescriptions have been granted, and many families remain in limbo. The choice they've been left with is heartbreaking: either spend thousands to obtain illicit prescriptions or go without, leaving loved ones at risk of suffering the worst effects of their condition. This is not a situation any one of us would wish upon ourselves or our own families and friends.

The pandemic has taught us that scientists are among the very best of us. Without their ability to solve problems in an innovative, rapid way, we would be without our fantastic vaccination effort, and much else besides. We would do well to take this attitude and apply it to other fields. Because in this field—drugs policy—the UK is frustratingly, increasingly out of step with countries that we relate to. There is real-world evidence that other policies work, yet we continue to bury our heads in the sand.

In Europe, Portugal has set a positive example for what can be done when drug policies prioritise health over the criminalisation. At the turn of the century, Portugal was facing a crisis, including high levels of HIV infection among drug users. In 2001, Portugal decriminalised personal possession of all drugs as part of a wider reorientation of policy to a health-led approach. Possessing drugs for personal use is treated as an administrative offence, meaning it's no longer punishable by imprisonment and doesn't result in a criminal record and associated stigma. Many impacts of the reforms were felt immediately. New HIV infections, drug deaths and the prison population all fell sharply within the first decade. The second decade, admittedly, saw slower improvements. However, Portugal is in a much better position than it was in 2001, and recorded drug use and drug deaths as a proportion of the general population are both well below the European average, and the proportion of their prison population sentenced for drug offences has fallen from 40 per cent to 15 per cent.

Portugal's experience is a lesson that can be achieved when policy innovation and political will are aligned in response to a crisis. In comparison, the UK's 2019 annual report on drugs showed the highest prevalence of drug use in the last 10 years across England, Wales and Scotland. The current approach is not working—that is clear. Our zero-tolerance policy, the never-ending mindset of being permanently at war with drugs, criminalises and ostracises some of our most vulnerable, and it drives all trade underground, fuelling a deadly cycle of anti-social behaviour, violence, theft, and all other kinds of crime, most often in our poorest and most deprived communities.

Children are targeted by criminal gangs to act as dealers, vulnerable adults are cuckooed in their own homes, and whole areas can be blighted by drug paraphernalia as users look to take drugs out of sight in alleys and doorways. People living in neighbourhoods where drug dealing takes place will recognise the fear that comes with criminalised drug markets. Quite simply, they deserve better. 

The Kaleidoscope project, based in my constituency, has been operating in the UK since 1968. They're a charity methadone drug clinic that provides help and support clinics for alcohol abuse, drug abuse and drug addiction. When speaking with the director, Martin Blakebrough, on this subject, he had this to say: 'In Wales, as in the rest of the UK, we have a policy of incarcerating people with drug issues rather than offering them sustainable treatment. A prison place is much more expensive than a residential rehabilitation space. We need a policy that supports and does not punish people wherever possible. The majority of drug users with significant addiction issues have been victims of an adverse childhood experience, with a recent study showing that 84 per cent of drug users have been affected by an ACE. And yet the lack of help has led to their problems. The war on drugs has not been a war on the substance, as much as taking it out against individuals.'

In addition, Richard Lewis, recently appointed as chief constable of Dyfed-Powys Police, has also been arguing that the UK's current approach is failing. Last year, sadly, over 4,500 people died in England and Wales due to drug-related deaths. To these statistics, chief constable Lewis says:

'The vast majority of those deaths would have been entirely preventable. In 21 years of police service I have slowly, perhaps too slowly, come to the conclusion that framing this crisis as a criminal justice problem has not simply been unhelpful, but counterproductive. This nationwide epidemic is a public health crisis.'

Like Portugal and charities such as Kaleidoscope, chief constable Lewis advocates state intervention in the lives of addicts that looks to treat them not as criminals, but as patients. One way of helping is for drug treatment services, such as heroin-assisted treatment centres, to be given investment and wider coverage. Chief constable Lewis is not a lone voice in the police force when it comes to rethinking our drug policy. And the fact that his comments have not been seen as extraordinary highlights this.

Over the years, there has been a slowly changing mindset in the police. Many forces have openly indicated their unwillingness to target recreational cannabis growers and users, as they have bigger issues to deal with. This is despite the law being clear that cannabis remains illegal as a category B substance, which runs a sentence for possession of up to five years in prison, with an unlimited fine. Cannabis is the most prevalent illegal substance in the UK, and this will be a shock to no-one. Most people will have smelled its distinctive smell across the country's streets and parks. Every time you do, you know it's been bought or grown illegally. It doesn't have to be this way.

Across the Atlantic, Canada and many US states are now leading the world in advancing a new approach to cannabis, stepping away from decriminalisation alone and embracing instead full Government-owned regulation. In 2012, American states, led by Colorado, began to take dramatic cannabis reforms, whilst in October 2018, Canada witnessed wholesale legal regulation of cannabis for adult non-medical use. In Canada, provinces and territories were responsible for determining how cannabis is distributed and sold. Through its model of strong devolution, each Canadian province can also set an additional restriction. The Canadian Government's groundbreaking cannabis Act had three goals: protect public health and safety, protect young people from the negative impact of cannabis, and keep profits away from criminal gangs.

I've already spoken to the impressive public health impacts achieved in Portugal, so I'll focus on the third aim: the economic element of holding a national conversation on drug reform in the UK and Wales. In moving to legalisation and Government regulation, Canada has brought considerable profits from criminal pockets into the public purse. In the first year of legalisation, the legal cannabis retail market in Canada grew to a value of CA$908 million—over £0.5 billion. Canada created, in under a year, a billion-dollar industry with the twin effects of aiding local economies while driving down criminal behaviour. Both federal and provincial government have seen an economic pay-off. States at the forefront of this change in the US have demonstrated that the market matures, tax revenues increase and legally regulated cannabis trade oversteps illegal activity. This, of course, does not mean the illegal cannabis market has evaporated. In California, for example, the black market is still greater than the legal one. There are lessons to be learnt here in terms of implementation. Canada's policy shift is still in its infancy, but it has an encouraging record. But it is of benefit to the UK that we have so many lessons to learn.

In the 50 years since the Misuse of Drugs Act 1971 came into being, we as a nation have failed to move forward. In some legislative areas, Britain has moved with the times, yet under all parties, Westminster has upheld a 1970s era stance over drugs. Consequently, we've all seen a negative impact from substance abuse rise; we've put resources into combating an enemy that refuses to be defeated. We've sent thousands into a criminal justice system that not only fails to rehabilitate but has struggled to cope with even greater criminality. Nevertheless, there's another route. Countries around the world are showing us there's no reason for this Senedd not to open a conversation for Wales. Public health and the economy are both within our competence.

It's a sad truth that Westminster refuses to open up the conversation on drugs in the UK. This isn't solely the fault of the current administration, but a long-standing failure of all Governments. Wales may not yet have the full legislative ability, but as a member of this union, we must use our voice. As long as we frame the debate as one of criminality alone, we'll continue with the same aggressive, unhelpful outlook. To that end, it's incumbent on us to change how we think, to consider whether real impacts of drug reform take hold, to learn from others and face up to the reality of our situation. I'm not the first MS to raise these problems, and I'd like to acknowledge the work of Peredur Owen Griffiths and his efforts to establish a cross-party group on substance misuse.

I'm also not the first representative of Newport West to push this stance, and I hope I'll not be the last. My close friend Paul Flynn MP was ahead of his time on this campaign. A courageous, relentless advocate for drug reform before it was popular, he challenged Ministers, both Labour and Conservative, to do better. I'd like to finish by quoting Paul, with a contribution he gave to the Commons in 2008. In his customary erudite way, Paul said:

'We are missing something and we are failing. We need to get to the point where we recognise that, despite all our self-satisfaction as politicians—our desire to get good headlines to get ourselves re-elected—we are failing a generation whose lives are being destroyed by drugs. That is the lesson of today.'

Diolch yn fawr.

The title of this important debate is 'drug policy', and I think the time is right now that we take a detailed look at drug policy in Wales. Let me be clear: I would like to see a country where drug use is eradicated, but, sadly, I don't think that's going to be achievable. Some people take drugs for a number of reasons: experimental, recreational, and for some people, to improve their quality of life. I have seen first-hand how cannabis oil has helped someone living with MS live a pain-free life. The current criminal justice system treats all people who use drugs as criminals, but in reality, some people use them to remove the pain of a serious trauma in their life, to give them that slight moment of relief from their suffering. Not all drug users are criminals but individuals who need help and support to deal with the root cause of their pain. Last year, 2,883 people died of drug-related use. How many more deaths will it take before both Governments, both here and in Westminster, do something to tackle this problem? Diolch, Llywydd.

I thank Jayne for granting me some time in this short debate this evening. I want to echo the points that she so eloquently made this evening, because I fundamentally believe it's time for a national conversation on substance misuse. As I said during my short debate earlier this term, the status quo just isn't working. It's failing families, it's failing communities and it's causing irreparable harm. I'm pleased that we're having this kind of conversation here in the Senedd. I long for the days when we can make decisions on justice policy under this roof. Until that day comes, I want us to carry on influencing Westminster as much as we can to arrive at a justice system that has more compassion and less draconian punishments. To that end, I am pleased that Jayne has agreed to join the cross-party group, and I will be launching that in the new year. I look forward to us working together more on this by hearing the experiences of people on the ground who deal with the consequences of the status quo daily. I know we can get better at understanding what needs to change and why change is needed. Diolch yn fawr.

I now call on the Deputy Minister for Mental Health and Well-being to reply to the debate—Lynne Neagle.

Thank you, Llywydd. I'd like to thank Jayne Bryant for tabling this debate today and for the points she had made, and also to thank James Evans and Peredur Owen Griffiths for their contributions. Whilst Wales does not have the powers on many aspects of drug legislation and the classification of drugs, tackling the harms associated with substance misuse is a key priority for me, and an area of work that is very important within my portfolio. With both mental health and offender health also sitting with me, I will be seeking to make a difference across these areas that all too frequently come together, alongside substance misuse, to have adverse impacts on the most vulnerable in our society. In my role as Deputy Minister for Mental Health and Well-being, I have met a number of people and organisations involved in the substance misuse field, and have been really impressed at the level of work and commitment there is in this area and the passion many have to see reform. 

Substance misuse is a major health issue that affects individuals, families and communities. In Wales, our drugs policy is routed in a harm-reduction approach, which recognises substance misuse as a health and social care issue, as opposed to one that is solely related to criminal justice. In this respect, our approach differs considerably from the approach in England, and indeed it is the approach taken by all the devolved administrations. Our substance misuse delivery plan 2019-22 was revised in response to COVID-19 to reflect the work that has been and continues to be undertaken as a result of the pandemic. The revised plan was published in January 2021. The overall aim of the delivery plan continues to be to ensure that people in Wales are aware of the dangers and the impact of substance misuse, and to know where they can seek information, help and support. Our area planning boards and other partners continue to work to deliver the actions within the plan.

The Welsh Government has a strong record of commitment to this area, and we invest almost £55 million in our substance misuse agenda every year. Over £25 million of this is allocated to our substance misuse area planning boards, and almost £21 million is ring-fenced to health boards in Wales. In 2020-21, we also made a further £4.8 million available to support our response to COVID-19. Over £3 million of this supported the rapid implementation of long-lasting injectable buprenorphine for at-risk ex-heroin users. Wales is now at the forefront of implementing this new treatment across the UK, if not the world. We have not only protected the substance misuse budget, but we have also taken the opportunity to increase resources in Wales, unlike the experience of substance misuse services elsewhere in the UK.

On this point, it is worth noting that the Dame Carol Black review of treatment services in England was published in July. It is also worth noting that the UK Government were clear in the terms of reference for the review that it would not look at legislation. However, unlike the position in England, here in Wales we are already at an advanced stage with many of her recommendations. Our substance misuse delivery plan is firmly based within a health and harm-reduction approach. We've also, as I said, protected and ring-fenced our substance misuse funding, and we're working closely with housing and across mental health to address the challenge of co-occurring and complex needs. I fully agree with the review's observation that substance misuse is a chronic health condition that requires long-term follow up. In Wales, our approach remains that of harm reduction and building strong recovery communities. We are committed to tackling the issues of trauma, much of it based in adverse childhood experiences and the mental health issues faced by so many in our substance misuse services.

In Wales, we are also acutely aware that the harms of substance misuse fall disproportionately on our most deprived communities, driving health inequalities for the poorest and criminalising the vulnerable who need support and treatment. For this reason, tackling stigma and looking at substance misuse as a health issue must continue to be our focus. I strongly believe that tackling the harms of substance misuse is best achieved through supporting people into treatment, not criminalising them.

In October, I attended a second UK drugs ministerial meeting, alongside my counterparts in the devolved administrations. The meeting was hosted by the Rt Hon Kit Malthouse MP, Minister of State in the Home Office and Ministry of Justice, and the purpose of the meeting was to hear from a number of expert speakers and provide an opportunity to share good practice, challenges and lessons learned across each of the administrations. The meeting also provided me with the opportunity to show the commitment of the Welsh Government to the substance misuse agenda, including our strong emphasis on harm reduction and the work being taken forward through our delivery plan. At the meeting, I welcomed the UK Government's renewed commitment to this agenda and the development of a new UK drug strategy. However, given that criminal justice is not devolved, I stressed the importance of the need to be fully involved in any changes impacting in Wales, and this is something my officials are in contact with the Home Office about.

Based on our harm-reduction approach here in Wales, we do not believe that further criminalisation of vulnerable individuals would be effective. We await the publication of this strategy, but I do believe, at this point, that the UK Government do not intend to change from their current position of this being led through a criminal justice response.

We have fully engaged with colleagues from the devolved administrations and the UK Government, which provides the opportunity for joint working and learning where we have common goals in reducing substance misuse harm. In Swansea bay, we have worked with local partners and the Home Office, developing project ADDER alongside areas in England. Project ADDER—addiction, diversion, disruption, enforcement and recovery—is a Home Office project designed to support a whole-system approach to substance misuse, bringing together both treatment and policing, with support for interventions both at local level and targeted national work on supply. Project ADDER involves co-ordinated law enforcement activities, alongside expanded diversionary activity and treatment and recovery provision, and is focused on areas of high levels of drug-related deaths.

We see this as an opportunity to develop new ways of working, including working with the criminal justice partners on responding to substance misuse through treatment and breaking the cycle for some of the most vulnerable of going in and out of prison. The approach set out in project ADDER fits well with the Welsh Government's work through the area planning boards, in particular, Swansea bay APB, where there has been a high number of drug-related deaths in recent years. However, I have expressed my disappointment to the UK Government that Swansea bay has not benefited from the additional HM Treasury funding for health that the project ADDER areas in England have received.

A key part of our harm-reduction agenda is our national naloxone initiative, where we have made excellent progress. An important development in naloxone is the work we are undertaking with the police to enable officers to carry nasal naloxone on duty. We have also funded a pilot whereby peers distribute take-home naloxone on the streets, and also provide harm-reduction advice that puts people with lived experience at the forefront of our work, something I very much welcome. This has been highly successful and has resulted in all areas of Wales looking at replicating this model.

Following agreement by Ministers from all four nations that the current legislation on naloxone needed to be reviewed, we've engaged with colleagues from the Department of Health and Social Care, the Department of Health in Northern Ireland and the Scottish Government on the development of a joint consultation about expanding access to naloxone. The UK-wide consultation closed at the end of September and sought views on widening the services that are able to supply naloxone, a move that would support our harm-reduction approach in Wales. My officials are now working with colleagues in terms of next steps and will be considering the impact of the response to the consultation in a Welsh context.

I welcome the opportunity to respond to this debate, as I am passionate about making a difference in this area. Whilst we do not hold all the legislative powers, there is much we can do to progress a distinctive Welsh response to substance misuse. I recognise the Member's comments, but, as she also recognises, these powers do lie with the UK Government, and it's important for me as Minister to focus on where we can make a difference. And as I said in responding to the debate by Peredur Owen Griffiths, I'd be very happy to engage with his cross-party group on the important issues raised this evening. 

We will continue to progress our commitments in the substance misuse delivery plan and, of course, to continue to engage with colleagues from the devolved administrations and the UK Government in order to work together with the aim of reducing the harms from substance misuse. Diolch yn fawr. 

Thank you very much to the Deputy Minister, and that brings us to the end of today's proceedings. Thank you very much, everyone. 

The meeting ended at 18:20.