Psychoactive Substances Bill [HL]

Baroness Bakewell Excerpts

Tuesday 23rd June 2015 Lords Chamber

[Lord Mackay of Clashfern]

The impact assessment to some extent deals with that. It is plain that the difficulty has arisen in relation to the emergence of new substances whenever a particular prohibition is enacted. I hear what the noble Baroness, Lady Meacher, says about this. The problem is that by the time the enactment takes place, considerable harm may be occurring. The idea of this Bill is to prevent the production of these dangerous substances as a general matter of course.

[Baroness Bakewell (Lab)]

Perhaps I might add to this conversation about the need for evidence. At Second Reading, on the matter of addressing the damage being done to these young people, Ireland was cited as evidence of the effectiveness of legislation.

I refer my colleagues in the House to a report made by a fellow journalist at the BBC. Following Second Reading he went to Ireland to examine what is happening with the Bill. Young people there are taking a great many of these legal highs. He found that one young man had hanged himself from a tree in the middle of the estate where he lived. The parents were frantic. In County Monaghan and in a number of towns my BBC colleague found that there was an abundance of these drugs, and that young people were turning to them.

After this young man’s suicide the police seized 34 grams. They offered it to the scientists, who analysed its contents. They said that they were not able to prove that it was a psychoactive drug. At that point the police were stymied procedurally, because the scientist to whom they turned could not verify the evidence they needed. My colleague speculated in a conversation with me that the police were turning back to the Misuse of Drugs Act 1971, because they did not know how to handle this matter.

What ties this issue, Ireland and legal highs to the amendment is that young people are turning to legal highs because they cannot get natural cannabis. That is the crucial link. If we are to stop these young people doing such terrible damage to themselves, we must consider the broader spectrum of motive that turns them towards these legal highs. Young people do not grow up knowing about them. They grow up in a community that perhaps 20 years ago was using cannabis plant. Now, the whole drugs business has accelerated to such an extent that millions of pounds can be made through criminal behaviour, and that has driven the legal drugs industry to invent more substances to market to young people. It is a desperate situation, but we need to examine and unpick the motives that drive young people into this market. That is at the heart of this amendment and the conversation about the Bill.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, first, I welcome the amendment and the way in which it was proposed by the noble Lord, Lord Paddick, because it has sparked a genuine debate, one of real high quality and passion on all sides of the argument. I thought that the arguments in the contributions we heard were pretty finely balanced for and against. I want to try to respond to some of those points. The point made by the noble Baroness, Lady Bakewell, relating to Ireland is an example worth looking at. That issue comes up in a later group of amendments and I will be happy to respond in more detail at that point, if I can.

I want to pick up on the comments made by my noble and learned friend Lord Mackay of Clashfern. He talked about the difficulties that the Government are facing and about these new versions of psychoactive substances that are coming on to the market. In fact, the European centre that monitors these things is identifying two new versions per week. More than 500 have been identified and banned since 2010. That is the difficulty that the noble Baroness, Lady Meacher, touched upon when she referred to temporary banning orders. We have tried those so we have some evidence that they do not work, because the minute we clamp down on one substance, up pop another one or two—or three or 10—somewhere else. The challenges that we face are clear.

Another point in the evidence—evidence that people have cited in all their contributions from their different perspectives on this—for the Government to take action on this is that we are seeing a general fall-off in the use of drugs, as the noble Lord, Lord Rosser, mentioned. The positive signs are there about the current approach to drugs. I will come back to this at some point but there has been an overemphasis on the Misuse of Drugs Act, which was a response to a series of international conventions, such as the UN convention. It recognised that the fight against narcotics and drugs was a global fight. We therefore introduced legislation but if there was just the Misuse of Drugs Act, as it was configured in 1971, there would of course be little support from any part of the House. The fact of the matter is that that is only one part of the legislation.

The noble Lord, Lord Patel of Bradford, talked about the excellent work being done in treatment and rehabilitation. There is work going on in education and very sophisticated work going on in policing, a point raised by the noble Lord, Lord Condon. In fact, having been a commander, the noble Lord, Lord Paddick, was at the centre of the challenge of finding new ways to tackle those issues through law enforcement. There is a whole suite of different ways in which we are tackling this but across the majority of drugs and age groups, there has been a long-term downward trend in drug use over the past decade, a point made by my noble friend Lord Blencathra. Among 11 to 15 year-olds, drug use has been falling since its peak in 2003. More people are recovering from their dependency now than in 2009-10, and the average waiting time to access treatment is now down to three days. As a result of such innovation, the work that has been done in that area is providing alternatives and treatment. However, enforcement is part of that.

I come to the point that against the downward trend that we are seeing, in one area we see that the opposite is actually the case: usage is increasing and the number of deaths has almost doubled. There were 120 deaths of young people in 2013, and all the evidence is that that trend is on the rise.