As requested, this memorandum updates the Science and Technology Select Committee on the specific recommendations 15, 28 and 39 of its report, Drug Classification: Making a Hash of it? (Fifth Report of Session 2005-06). More broadly, the memorandum also refers to general developments related to the Committee's recommendations and the Government's Response.

Recommendation 15

  In summary, the Committee recommended that the Home Office commissions independent reviews of the Advisory Council on the Misuse of Drugs (ACMD) not less than every five years. The Government accepted this recommendation in principle and referred to the work already commissioned by the Home Office, as part of its wider reform agenda, to undertake a departmental review of all its non-departmental public bodies (NDPBs).

  The Government is fully committed to the Committee's well placed recommendation.

  The departmental review, the terms of reference of which had yet to be settled at the time of the Government's Response, ultimately focused on the Executive NDPBs and Agencies. However, its findings are to be applied as appropriate to individual non-executive NDPBs, such as the ACMD. Of note, and in keeping with the Committee's own recommendation in respect of the ACMD, the departmental review identified that all NDPBs, should be reviewed not less than every five years.

  The ACMD is therefore to be subject to an individual review. Government has considered the timing of this, to ensure that it takes into account the changes the ACMD is making, in light of the Committee's recommendations (see below), and the forthcoming change in its membership and chairmanship. It is therefore envisaged that the review will commence in mid 2008 and be completed by the end of that calendar year. We will shortly be compiling the terms of reference, and identifying an independent individual chair to lead the review. With value for money, in mind, we may combine the review with that of similar NDPBs sponsored by the Home Office.

Recommendations 28-30

  Recommendations 28-30 refer to matters of transparency of the ACMD. The Government's response accepted recommendations 28 and 29 and agreed that: "... there is a need to increase the transparency of the work of the Council ..." and "... the Council intends to undertake an assessment of how it can increase the transparency of its work ..." However, the Government did not accept recommendation 30: "... that the Chairman displayed so little interest in improving the Council's approach".

  The Committee asked for greater openness and transparency in the workings of the Advisory Council on the Misuse of Drugs (ACMD); specifically, that the ACMD, in keeping with the Code of Practice for Scientific Advisory Committees, routinely publish the agendas and minutes of its meetings, removing as necessary any particularly sensitive information. The Committee also recommended that holding open meetings would be of benefit for strengthening the public confidence in the scientific advisory process.

  The ACMD has undertaken an assessment of its current practices and has revised these in line with the Committees recommendations. The ACMD therefore:

(a)  plans to hold future ACMD Council meetings in public (next meeting 29 November); [8]

(b)  has published the minutes of the last ACMD Council meeting (24 May) on the Home Office website (www.drugs.gov.uk). Future ACMD Council meeting agendas and minutes will be published on the ACMD web-pages; the former in advance of the meeting;

(c)  has published its publication strategy on the Home Office website; and

(d)  has published a Code of Practice, on the Home Office website, that all current and new members of the ACMD will sign up to.

  In particular, the ACMD's Code of Practice notes that the ACMD will operate with a presumption of openness.

Recommendation 39

  The Government accepted in principle both the Home Office and the ACMD improving its relations with Research Councils; particularly the Medical Research Council (MRC), the Economic and Social Research Council (ESRC) and further improve relations with the Department of Health. However, the Government did not accept that interactions between both the Home Office and ACMD with the Department of Health were lacking.

  The ACMD Secretariat recently moved under the management of the Home Office Chief Scientific Adviser, Professor Paul Wiles (April 2007). Professor Wiles regularly holds meetings with the Chief Executives of the Research Councils and Chief Scientific Advisers of other government departments and is therefore in a position to strengthen links in these areas.

  Specifically, the Home Office has a concordat with the Economic and Social Research Council that details annual meetings; the next meeting is scheduled for December 2007. The Home Office is meeting with the MRC this autumn (meeting to be scheduled).

  The Government believes that there is positive engagement between the ACMD and other government departments, particularly the Department of Health (DH). The ACMD has already noted in its response to the Committee (October 2006) that they already have `extremely close (and good) relations with the DH'. It is still practice that officials from DH attend all meetings of the Council; and, between meetings, the Council's officers and its secretariat interact with DH officials as well as (where relevant) with Health Ministers. Three examples of close working with OGDs since the Committee's Report are:

1.  In September 2006 ACMD published `Pathways to Problems'—`Hazardous use of tobacco, alcohol and other drugs by young people in the UK and its implications for policy'. Of the 24 recommendations in the report, 12 specifically relate to DH policy/interests. In following up this work the ACMD Pathways to Problems working group recently met with officials from five government departments, including DH, and the Devolved Administrations, to discuss how the responses may be taken forward and how the ACMD can further support departments in this work.

2.  At a recent meeting of the Pathways to Problems working group a representative from DH, on secondment to the Home Office, was invited to present the revised National Alcohol Strategy; this was as a direct link up with the work of the sub-committee on the hazardous use of alcohol by young people and its implications for policy.

3.  The Home Office and the DH have been engaged with the ACMD on a number of proposals concerning the Misuse of Drugs Regulations, and the regime by which the management of controlled drugs is governed. These have included proposals to further implement key findings of The Shipman Inquiry and also the expansion/introduction on non-medical prescribing of controlled drugs. The ACMD has provided comprehensive advice that has been accepted by Government, and in the case of non-medical prescribing, has formed the basis of public consultation.

4.  The ACMD has recently held discussions with the Department of Culture Media and Sport in relation to the use of steroids and other performance enhancing drugs in sport—a particular focus in the run-up to the 2012 Olympics.

5.  The ACMD will ensure that representatives from all relevant departments (eg Home Office, Department of Health, Department of Children, Schools and Families) and Research Councils are invited to attend the next ACMD public meeting.

GENERAL DEVELOPMENTS

  In brief, general developments related to the Committee's findings have included:

1.   ACMD Membership

  The Government is in agreement that the Council should be fit for purpose and functioning effectively. The measure of this is the provision of timely, comprehensive and expert advice, predicated on the available diversity of evidence, from ACMD to Government. The Home Office is content that the advice provided to Government is sound and fulfils these criteria. The provision of such evidence relies on the membership of ACMD being appropriately balanced; reflecting a diversity of views (recommendation 8).

  The ACMD has recently undertaken a recruitment campaign for a Chair and 6 new members to replace members that retire at the end of 2007. The Committee will wish to note that the recruitment campaign has been conducted in a variety of media to ensure maximum relevant coverage; so as to ensure applications would be received from a diversity of applicants. To ensure an appropriate balance of membership on the ACMD Professor Paul Wiles (Home Office Chief Scientific Adviser) was consulted at the initiation of the recruitment process to oversee the expertise required on the Council.

  The Government appreciates the steps taken by the ACMD, in light of the Committee's recommendations to review their functioning (eg recruitment campaign, Code of Practice) and ensure that they retain a diverse membership as part of their current appointments process.

2.   Drug Classification matters

(a)  Methamphetamine was reclassified from a Class B drug to a Class A drug. The Government set out in clear terms in Parliament, in the Home Office Circular which accompanied the law change and public statements, the reasons for the reclassification.

(b)  The ACMD is developing a framework for its systematic review of a number of individual drugs—both their classification and harm reduction measures. This work is to incorporate advice on whether other drugs should be reclassified depending on the route of administration. The ACMD review of Ecstasy is currently ongoing and is expected to be published in Summer 2008.

(c)  The Prime Minister announced on 18 July, as part of the consultation to review our drug strategy, that the Government would also consult on whether it is now right that cannabis should be moved from Class C back to Class B under the Misuse of Drugs Act 1971. This decision was taken in light of real public concern about the mental health effects of cannabis use, and the part that increased potency may play, particularly for young people. The Home Secretary has now written to the ACMD with the request that the Council re-assess its advice. This letter and the ACMD's response is available at [http://drugs.homeoffice.gov.uk/drugs-laws/acmd/]. The Home Office is also consulting the public on this matter in Drugs : Our Community, Your Say.

September 2007