PARLIAMENTARY DEBATE
Spice-spiked Vapes - 15 October 2024 (Commons/Commons Chamber)

Research conducted by the University of Bath has uncovered that one in six vapes confiscated in schools contained the synthetic drug Spice. Using a device developed at the university—the world’s first portable device that instantly detects synthetic drugs—Professor Chris Pudney conducted tests in 38 schools in London, the west midlands, Greater Manchester and south Yorkshire. Tests on just under 600 vapes confiscated in schools revealed that one in six contained Spice, while one in 100 contained tetrahydrocannabinol or THC, the psychoactive component of cannabis. Spice was found in confiscated vapes in nearly three quarters of the schools studied. The researchers say that the findings are likely representative of the situation across the country. What is more shocking is that when the vapes were confiscated, it was not because of a suspicion that they contained illicit drugs.

I recently met Professor Pudney to gain a better understanding of the wider issue and the device being used to detect synthetic drugs. Speaking to Chris and seeing the detection device up close, it struck me just how serious the issue is for young people. Many of the confiscated vapes containing Spice were made to look exactly like a normal product from a shop, and they are usually sold as containing THC. Children are therefore inadvertently consuming Spice while under the impression that it is cannabis.

Vapes containing THC are common in the United States, where they are legal in some states, but it is expensive and difficult to import them into the UK. Spice, on the other hand, is cheap and abundant in the UK. It is therefore in the interest of dealers to use this highly addictive substance under the pretence that it is cannabis.

Spice is highly addictive. It is a class B drug that is commonly used in prisons. Synthetic cannabinoids are associated with half of non-natural deaths in prisons. Addiction to Spice inevitably leads to serious high-risk health outcomes, including hallucinations, dizziness, chest pain, breathing difficulties and damage to vital organs. Spice users are frequently seen slumped on the street in a state of semi-consciousness, unkindly described by some in the media as seeming “zombified”. There have been numerous instances of children collapsing at school, requiring hospitalisation and intensive care, and tragically becoming addicted to Spice. The highly addictive nature of Spice makes it a gateway to criminal activity, coercion and abuse. Being in that state inevitably makes young people incredibly vulnerable, and one user described smoking Spice as like “being in a coma”.

This year, a group of schoolchildren in south-east London were hospitalised by an illicit vape, with one of them ending up in an induced coma. Headteachers have spoken about children collapsing in hallways. One school in London wrote to all parents following concerns about the risks of children experiencing severe health problems, and the same story is replicated across the country.

I am very grateful to my hon. Friend for raising this important subject in the House this evening. This is not just a problem in London: in Cornwall, 750 illegal vapes have been seized in the last year. The assistant director of public health in Cornwall has said that is just the tip of the iceberg. It is a very serious problem and affects many areas, including mine.

I thank my hon. Friend for the intervention. I am just naming one area with experience of the issue, where headteachers have come forward. He is right: this issue applies across the country, and especially affects vulnerable communities. We all have them in our constituencies. That is why this is relevant to all of us.

The issue is far more common than previously thought. We need to increase awareness of it among parents and teachers, and I hope that this debate will go some way towards doing that. It is not just the health outcomes of Spice that are harmful, but the criminality and abuse that becoming addicted to such a drug can lead to. For young people who are vulnerable, that can include being pressured into drug dealing themselves through blackmail or other forms of coercion.

When I raised the issue at business questions last week, the Leader of the House assured me that the issue would be addressed in the tobacco and vapes Bill. I would like clarity from the Government on what that will look like. It is already illegal to sell vapes to children, and Spice is illegal for everyone. Which specific parts of the Bill will target illegal drugs and vapes?

Crucial to this issue is that the vapes that contained Spice were almost all refillable, not single use. Refillable vapes are rechargeable and feature an empty pod that can be filled with the liquid of choice. The Bill is largely focused on disposable vapes. It will hopefully introduce much-needed measures to restrict the flavours of vapes and stop the free distribution of vapes to children. Those are measures that the Liberal Democrats and I support and have called for.

On what you said about what more we can do in relation to young children, you are right—

Order. “You” refers to the Chair, but the hon. Lady is referring to the hon. Member. Interventions should also be short.

I apologise, Madam Deputy Speaker. I just wanted to make the point that we need to be mindful that young people are in a time of cognitive development—a formative time, when it comes to what they understand. Banning the advertising of vapes to young children, and making sure that the packaging is not attractive to them, is incredibly important.

I agree with the hon. Lady. Young people are very vulnerable, and some parts of the Bill will address the issue, but I am talking today about refills, and what the Government intend to do about them and their ready availability on the internet.

The Metropolitan police have warned parents that many children get their hands on illicit vapes through social media platforms, such as Snapchat and Telegram. Gone are the days when someone needed to meet a sketchy person in a back alley to get hold of illegal drugs. These days, the drugs are readily available over the internet, and that is a big part of the problem. The ease with which the drugs are trafficked via social media, coupled with the widespread prevalence of vaping in schools, is hugely worrying and demands immediate intervention. The tobacco and vapes Bill presents a timely opportunity to address the escalating threat, but amendments must be carefully considered to effectively combat the unique challenges posed by Spice.

The illicit vapes are almost always refillable, with the Spice liquid mainly obtained online. Changing the packaging of legal single-use vapes sold in physical shops will do nothing to address the issue. Too often, the Government reflex is to ban something without understanding the underlying issues. If the Government believe that putting an end to pretty packaging will have an effect on Spice, I ask them to think again.

One way in which we can push back against the problem is through education. We need to raise awareness of the issue so that the public has a better understanding of it. Having police in schools to talk to students, teachers and parents is crucial. Parents need to be aware of the signs that their child could be at risk. It is not just the public that needs more awareness of these issues; we politicians do, too. We are told that the Government are bringing in new restrictions on the sale of vapes to children, but further restrictions to something that is already illegal does little to assure experts that appropriate action is being taken. The Leader of the House mentioned that those restrictions would come alongside further measures, and I look forward to hearing what they will be.

I have some questions for the Minister. There needs to be an immediate raising of awareness on the issue. The Government must do more to inform students, teachers, parents and carers of the scale of the problem, and to warn them of the consequences of unknowingly consuming Spice. I hope that the Minister also realises that the Tobacco and Vapes Bill, in its current form, will do little to prevent the problem.

There are a few critical deficiencies in the Bill. First, it neglects online distribution networks. Its emphasis on traditional retail channels does not address the crucial role of online platforms and social media in the distribution of Spice-laced vapes. That omission allows illicit vendors to operate with minimal regulatory oversight. Secondly, the Bill misplaces emphasis on disposable vapes. Although well-intentioned, the proposed ban on disposable vapes overlooks the prevalent use of refillable devices for Spice consumption. That misdirected focus may even unintentionally exacerbate the problem by shifting demand towards refillable vapes, which are more easily manipulated for illicit purposes. Finally, the Bill underestimates the complexity of the illicit market. It does not account for the sophisticated tactics employed by drug traffickers, including encrypted communication, cryptocurrency transactions and direct-to-consumer delivery. That under- estimation hinders effective enforcement strategies.

I suggest three provisions to amend the Bill before it is introduced. First, we must improve regulatory oversight for online platforms. We should mandate content moderation policies for social media platforms and online retailers in order to prohibit the sale and promotion of Spice-laced vapes. The Secretary of State should consider establishing a taskforce composed of technology company representatives and cyber-security experts to develop and implement methods for detecting and disrupting online illicit substance distribution networks. We must allocate increased funding and resources to law enforcement agencies for online surveillance, investigation and prosecution of illicit vendors.

Secondly, we should expand enforcement strategies beyond retail channels—in particular, postal and courier services should be required to implement protocols for identifying and intercepting suspicious packages containing Spice-laced vapes. I know that is not easy, but we must at least consider that serious problem. Finally, we should require schools to implement educational programmes on the dangers of Spice, deceptive marketing tactics and the risks associated with online and street-level purchase. The NHS should provide funding for harm reduction programmes, including support services. With the help of Professor Pudney and the University of Bath, I would be very willing to work with the Government to establish a national campaign to educate young people about the dangers of Spice and to empower them to make informed decisions about their health and wellbeing.

Tackling this serious problem requires a targeted and proactive approach from the Government across various different Departments, including the Home Office, Health and Education. We must not forget that we are talking about already vulnerable young people who are made even more vulnerable by this serious problem. The tobacco and vapes Bill, in its current form, will not solve the problem. Amending the Bill with the provisions I have outlined is crucial to protecting young people from the devastating consequences of Spice. I am looking forward to hearing what the Government have to say today, but I am also looking forward to further co-operation. We all must be aware of the terrible risks we are facing by exposing young people to those dangers, but also to a life of serious addiction.

I start by congratulating the hon. Member for Bath (Wera Hobhouse) on securing this important debate. I have listened carefully to her contribution, as well as those of the hon. Member for St Ives (Andrew George) and of my hon. Friend the Member for Worthing West (Dr Cooper), and I very much share the concerns that have been expressed about this matter. As Minister for Policing, I am really keen to gain as full an understanding as possible of the threats to public safety, including ones such as this, so while the subject matter of this debate is deeply troubling, I am grateful that it has been brought before the House this evening for consideration. I am also appreciative of the research undertaken by Professor Pudney, which has helped to identify this issue. Home Office and health officials have met him to discuss his findings, and we continue to consider any emerging evidence on the harms of illicit drugs.

I will start by making some general comments about vapes. First, vapes containing Spice are illegal, and no one should be buying or using those products—I will say a little bit more about that later. The Government welcome adult smokers switching to vaping as part of their efforts to give up smoking, but discourage the use of vaping by children and non-smokers. As the chief medical officer, Professor Sir Chris Whitty, has said,

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape; marketing vapes to children is utterly unacceptable.”

The law currently protects children through restricting sales of nicotine-inhaling vapes to over-18s only, limiting nicotine content, labelling requirements and advertising restrictions. The Department of Health and Social Care is providing £3 million in funding over two years specifically to enhance the work led by National Trading Standards to tackle underage and illicit vape sales. However, non-nicotine vapes and other nicotine products such as nicotine pouches have much lower levels of regulation, and current levels of youth vaping and the targeting of products at children mean that further restrictions are needed.

That is why, as the hon. Member for Bath referred to, the Government will be introducing the tobacco and vapes Bill to address the high rates of youth vaping, alongside measures to make the UK smokefree. That Bill includes landmark policies to protect our children from the harms of vaping and the risk of nicotine addiction. Among other things, the Bill will stop vapes and nicotine products from being deliberately branded for, and advertised to, children; introduce a minimum age of sale of 18 for non-nicotine vapes and nicotine products to ensure they cannot be sold to children; ban the free distribution of vaping and nicotine products; and provide the Government with regulation-making powers to restrict flavours, point-of-sale displays and packaging for all vaping and nicotine products.

The measures in the Bill are intended to bring about definitive and positive change to stop future generations from becoming hooked on nicotine while ensuring that vapes can remain a means by which adult smokers can quit. However, I note the proposals for amending that Bill that the hon. Member for Bath has put forward. I am very happy to take those proposals away and discuss them with officials, as well as share them with the public health Minister, my hon. Friend the Member for Gorton and Denton (Andrew Gwynne), because this is his Bill—he will be bringing it forward. I hope the hon. Lady will allow me to give her my assurance that all the issues she has raised will be considered.

Can the Minister confirm that the new Bill will take the age limit at which people can use cigarettes up gradually, as was proposed previously, and whether vaping will be caught in the same path? The Minister has referred to children, but children eventually become young adults and then adults themselves, and we need to prevent vaping from being an alternative. It just needs to be stopped.

Again, I emphasise that the Bill is not within the Home Office’s purview; it is a DHSC measure. I will ask the Minister for Public Health to respond to the hon. Member for Wells and Mendip Hills (Tessa Munt) because I am not yet sighted on the whole Bill.

As the hon. Member for Bath said, the addition of Spice to some vapes is particularly concerning. Spice is a street name for synthetic cannabinoid receptor agonists, or SCRAs. Other brand names are also associated with SCRAs, such as Black Mamba. However, despite the suggestion of a link in the term “synthetic cannabinoid”, there is no relationship between SCRAs and the cannabis plant.

Let me be clear: vapes containing SCRAs are illegal. Most SCRAs, including Spice, are controlled as class B drugs via a generic definition under the Misuse of Drugs Act 1971. The import, production or supply of a class B drug carries a maximum sentence of up to 14 years’ imprisonment, an unlimited fine or both. Although legislation is in place, with punitive sanctions to tackle offences, including the supply of SCRAs, there is something particularly concerning about the attempt by some criminals to peddle vapes containing SCRAs that are designed to appeal to children. I want to talk about what we can do to deal with that. The hon. Member made some suggestions.

I am sure that we agree that early drug use significantly increases exposure to health and social harms, including substance use disorder or dependency later in life. One of the most effective approaches to preventing drug misuse and risky behaviour is through empowering and building resilience in children and young people.

Health education is a compulsory subject in schools and is taught as part of the relationships, sex and health education curriculum. Health education includes content on drugs, alcohol and tobacco. As with other aspects of the curriculum, schools have flexibility about how they deliver these subjects, so that they can develop an integrated approach that is sensitive to the needs and background of their pupils. For example, in areas where there are significant problems with drugs or vapes, a school can choose to dedicate more time to this topic.

The hon. Member may know that the relationships, sex and health education curriculum is currently being reviewed, and, as part of that, the Department for Education will explore whether any more content on this subject is required. The Education Secretary has said that children’s wellbeing must be at the heart of the RSHE guidance and has committed to looking carefully at the public consultation responses and considering the relevant evidence before setting out next steps to take the guidance forward.

In respect of vapes specifically, the Department for Education and the Department of Health and Social Care have taken a number of steps to increase the training resources and support available for teachers and schools. They have updated the curriculum to include the health risks of vaping and published new online content on the potential risks of vaping for young people. I noted carefully what the hon. Member said about parents as well as young people needing to be educated, and also about politicians needing to have that education.

I was a secondary school teacher before I came to this House, and I know how difficult it is to teach properly in lessons that are often after the normal school time. Of course, this is one of the things we can do, but it clearly needs a targeted campaign. Does the Minister not agree that this problem is so alarming that we need to look at a dedicated campaign, rather than leaving it to lessons that I know reach some, but not many, young people?

The hon. Member obviously has a great deal of experience in education, and of what works with young people when teaching these really important but difficult subjects. Given the number of issues she has raised and approaches she would like adopted, I am very happy, as I said at the outset, to take that back and to look at the advice that officials will give me and the public health Minister.

I agree with the hon. Lady about parents as well as politicians needing to be educated on this matter. Information about the dangers of SCRAs is readily available on Frank, which is the Government-funded national drug and alcohol advisory service. It explains that SCRAs can be more potent than cannabis and that the effects may last for life. It also says that there may be unknown effects, because, as is important to note, we are at the early stages.

I again thank the hon. Member for raising this important and concerning matter. I hope I have made it clear not only that punitive measures are available to tackle those who illegally supply these dangerous drugs, but that the Government are alive to the dangers of children vaping more widely, as well as in these particular instances. Through measures planned to be introduced in the tobacco and vapes Bill, we aim to reduce the availability of vapes to children. As I have promised, I will certainly feed back to the public health Minister the issues she has raised about what should be in that Bill.

Question put and agreed to.