Visas
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Earl Attlee
My Lords, the noble Lord asked about the situation with academic institutions. The answer is that they are not yet convinced of our good intentions. The UK’s education system is world-renowned. We remain the second most popular destination of choice, second only to the United States; and we intend to maintain that position. Post-study work is an important component of that.
Lord Hunt of Kings Heath
My Lords, the noble Earl says that universities are not yet convinced. Surely the reason is that universities have done the analysis and looked at the consultation, and it is abundantly clear to them that under the Government’s proposals, many of them will be severely harmed financially. Today, the noble Earl’s department announced a climbdown on the immigration cap. When can we look forward to a climbdown on the student immigration consultation?
Earl Attlee
My Lords, we will not climb down on our intention to avoid the abuse of the student route. We want to maintain the UK as a world-class academic destination, but we are not prepared to tolerate abuses of the system, which, as the noble Lord knows very well, take place.
Universities: Student Immigration System
Lord Hunt of Kings Heath Excerpts(15 years ago)
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Lord Hunt of Kings Heath
To ask Her Majesty’s Government what will be the impact on universities of the proposed changes to the student immigration system.
Earl Attlee
My Lords, a consultation on the student immigration system closed on 31 January. It sought the views of all respondents on the effect of the proposals. The results of the consultation, and an impact assessment, will be published in due course.
Lord Hunt of Kings Heath
My Lords, I am grateful to the noble Earl. Last week, the noble Lord, Lord Green, who is Trade Minister, spoke warmly of the role of British educational institutions as export earners. Why is the noble Earl's department undermining that by proposing to cut the number of international students coming to the United Kingdom? Does he understand that this will have a devastating impact on the finances of many of our universities and will do enormous damage to UK interests?
Earl Attlee
My Lords, we are clear that we are not targeting genuine students at universities. The measures that we propose will ensure that the system is more selective for the brightest and the best. We will protect the areas that pose the least risk, including the universities sector, target the areas where risk of abuse is highest and ensure that genuine students will still be able to study at our world-renowned universities. The noble Lord is quite right to raise the issue. International students are vital for our trade position and for our soft power position.
Asylum Seekers: Medical Treatment
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Earl Attlee
My Lords, I think that the right reverend Prelate was referring to the process of removal. A few weeks ago, I visited the UK Border Agency’s training for the removal process. I am satisfied that the training was up to standard.
Lord Hunt of Kings Heath
My Lords, this issue is an example of the many responsibilities being placed on the UK Border Agency in conjunction with the National Health Service. Is the Minister satisfied that the UKBA will continue to focus on and give priority to these matters, given the 20 per cent cut in its budget and the reduction in its staff by 5,000? Is it not a question of cutting too fast and too deep?
Immigration and Nationality (Fees) Order 2011
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Earl Attlee
My Lords, the order concerns the charging for visa, immigration and nationality services and will enable the UK Border Agency to specify applications, processes and services for which it intends to set a fee. I thank all noble Lords who will take part in this debate. Specific fee levels will be set in separate legislation—using the affirmative procedure—that will be brought before the House in due course. Noble Lords will have the opportunity to ask searching questions about the level of fees in that debate.
In accordance with our legal powers, the order will carry forward our existing powers in the Immigration and Nationality (Fees) Order 2007 and set out the new provisions for which we intend to charge fees in future. The order will also transfer powers currently set out in the Consular Fees Order 2010 from Foreign and Commonwealth Office legislation to Home Office legislation so that all visa, immigration and nationality fees are handled in the same place. This will improve intelligibility for all customers, practitioners and corporate partners and will help address concerns raised previously in this House about the need for consolidation of such powers.
The order will allow us to charge fees in support of new services. For nationality applications, this includes the registration as British citizens, under amendments to Sections 1(3A) and 4D of the British Nationality Act 1981, of children born to foreign or Commonwealth parents who are serving as members of the Armed Forces. Previously, children born overseas to a foreign or Commonwealth parent serving outside the UK as a member of the Armed Forces had to wait until their return to the UK before they could acquire British citizenship. The order will also apply to those children born to a foreign or Commonwealth parent serving the UK Armed Forces who register as British citizens. As children born in the UK to a parent who is serving in the Armed Forces automatically become British citizens, both these changes will provide equality of treatment to the children of foreign or Commonwealth personnel irrespective of when or where they are born. The changes also represent action by the UK Border Agency on its commitment to enhance the immigration and nationality rights of Armed Forces personnel and their families.
The order will also provide a power to charge for requests for endorsements to amend the personal details on a previously issued national certificate.
In addition, some people are entitled to hold the status of British protected person through their connection with a former British protectorate, protected state, mandated territory or trust territory. Although this status can no longer be obtained automatically, people can apply for this sort of British nationality if they meet the appropriate criteria.
Students who were granted leave under tier 4 of the points-based system between 31 March 2009 and 4 October 2009 are currently required to advise the UK Border Agency when they are seeking to change their educational institution. Other tier 4 migrants apply and pay a fee to cover the cost of making such a change to the terms of their leave. We think that it is right that all students are treated equally in paying this fee. The order will provide that consistency.
The order will also allow us to charge a fee for highly trusted sponsor status at a level independent of the standard licence fee. This is an optional service for sponsors of tier 4 students under the points-based system. Currently, we charge the relevant sponsorship licence fee for such services. As we continue to develop service propositions for these sponsors, we believe that it is sensible to separate these provisions to ensure that we can set fees—subject to future parliamentary approval through the affirmative resolution procedure on the specific amounts—that better reflect the nature of the services provided.
Our power to charge fees for visa, immigration and nationality applications, processes and services is currently derived from the Immigration and Nationality (Fees) Order 2007.
The 2007 order has been amended twice since it came into force. Moving forward, however, to ensure that there is only one fees order in place under Section 51 of the Immigration, Asylum and Nationality Act 2006, we are consolidating the 2007 order and its amendment into this order. That will improve the intelligibility of our powers, as I mentioned earlier.
We will continue to ensure that fees for immigration and nationality demonstrate that the UK is open for business and retains its position as an attractive destination. We welcome the economic, cultural and social contribution made by legal migrants to the UK. As I said, we will return to Parliament in due course to debate further regulations under the affirmative procedure specifying the fee levels that rely on the powers in Section 51 of the Immigration, Asylum and Nationality Act 2006 and additional powers in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, as amended.
The order provides a basis for the sustainable immigration system that noble Lords all want and I commend it to the Committee.
Lord Hunt of Kings Heath
My Lords, I am sure that the Committee is grateful to the noble Earl for his clear introduction to the Immigration and Nationality (Fees) Order 2011. As he explained, the draft order enables the Secretary of State to set fees for applications related to immigration or nationality and to charge for the provision of services or processes related to immigration or nationality. Once this draft order comes into force, the Secretary of State will be able to make regulations setting out the relevant fees and charges.
That is fair enough. But what lies behind this seemingly reasonable approach is the immigration policy of the Government, which is causing serious concerns and can best be described as a complete shambles. The fact is that the Labour Government’s points-based system would have been a far more effective means of controlling non-EU migration rather than an arbitrary and inflexible cap. It is clear that the Government’s cap policy was not thought through properly. It certainly did not get the scrutiny that it deserved. Not only will it do little to control immigration, it is clear that the Prime Minister's flagship election promise to bring net immigration down to the tens of thousands has now been watered down from a firm pledge to just an aim.
Only an hour or two ago, the House passed the Budget Responsibility and National Audit Bill. It is worth referring to the comments of the Office for Budget Responsibility in November. It said that the Government’s immigration cap will make no difference to net immigration levels:
“The interim OBR’s June Budget estimates of trend growth estimates were based on an average net inward migration assumption of 140,000 per annum … Since June, the Government has announced a limit of 21,700 for non-EU migrants coming into the UK under the skilled and highly skilled routes from April 2011, a reduction of 6,300 on 2009 … At this stage, we judge that there is insufficient reason to change our average net migration assumption of 140,000 per year from 2010, which remains well below the net inflows of 198,000 seen in 2009”.
However frail the Government’s migration policy is, it is inescapable that enormous pressure is to be put on the UK Border Agency by the reduction in its budget of up to 20 per cent in real terms over the next four years. That feeds through into a reduction in staff of around 5,200. Cutting the number of border officers and staff by such an amount raises questions about the effective security of our borders. We seem to be seeing the noble Earl’s department desperately scrambling around trying to raise money through the use of the order. How much, it is impossible to say, as no details are given in the order or the Explanatory Memorandum and no impact assessment has been made. My understanding is that the reason for that is that the information will be made available alongside the regulations made in reliance upon this instrument. However, it is at least likely that the Home Office must have some indicative intent as to what income the fees will be expected to raise and I would be grateful if the noble Earl would inform the Committee of any details that he may have.
I would also like to follow on from the previous debate on the misuse of drugs by asking about consultation. We are informed that a full consultation was undertaken in September to December 2009, with a low response rate and support for a flexible fee policy. Has there been any further consultation since that took place?
Lord Hunt of Kings Heath
My Lords, I apologise for keeping the Committee waiting. I had an enormous opportunity to think up some more questions but, alas, the excitement of the vote rather inhibited me from doing so.
In his introductory remarks, the noble Earl mentioned that when the orders that will follow come to the House, they will be subject to certain scrutiny in relation to the fees. In relation to those subsequent orders, will there be full consultation before they are brought to the House?
I would finally like to ask him whether he can explain how he thinks the UKBA can be expected to carry out its crucial duties effectively when having to take out such a huge amount of people and finance. If he says that this is to be a more efficient use of the way in which the UKBA organises itself, and that there will be no impact on front-line UKBA services, I would be grateful if he could give me a definition of what he might mean by front-line services. He will be aware that I put down a Question to the Government on 1 December about the definition of front-line services in relation to police forces. As of today, that was still unanswered. It is the only Question that is still unanswered in your Lordships' House from before Christmas. A delay from 1 December to nearly mid-February is not very much to the credit of the Home Office. I realise that he is not answering such questions today, but I think that it would be helpful if he could give a definition of front-line services.
Baroness Hamwee
My Lords, my questions follow a number of those that were raised by the noble Lord, Lord Hunt of Kings Heath, although I will not follow him on the desirability or otherwise of the changes to the Immigration Rules—or on the definition of front-line services in the case of Labour Party research on police numbers.
However, as I am confused about this—I apologise to the Committee if it is utterly clear to everyone else—I will ask my noble friend Lord Attlee whether this order lays the ground for changes to the Immigration Rules which Parliament has not yet agreed and has not yet had sight of. The answer may be that the rules which we will be asked to agree are a mixture of the same sorts of provisions as are in place at the moment but that they will be a different mix. I am unclear and slightly uneasy at the prospect of being asked to agree a structure for fees if this is related to the new rules themselves.
I should also be grateful if my noble friend will give us an assurance that moving fees relating to immigration and nationality matters from the consular fees order to regulations under the 2006 Act provides us with exactly the same level of scrutiny as has been available under the arrangement which is being superseded.
In terms of the substantive comment, there are a couple of matters on which I should like to have a word. As regards students, we are told in the Explanatory Memorandum that a student moving between institutions is currently not charged for the, let us say, visa—I am not quite sure of the status of the permission—and for the UKBA’s consideration of that. We are told that the order will enable—a term used throughout—fees to be imposed for the request to change institutions. I take it that the word “enable” means that there will be a fee. My comment is that, although I share the view expressed by consultees that it is right that the taxpayer does not bear the whole of the cost of this service, overseas students nevertheless bring a lot of money and potential good will with them. I feel a little uneasy—
Baroness Hamwee
Oh! The result of the Division in the House makes me feel even more uneasy. I also feel a little uneasy about the prospect of charging such students more.
With regard to the new provisions explained in paragraphs 7.3 and 7.4 of the Explanatory Memorandum, will the Minister say what thought has gone into allowing fees to be charged to provide “a route to … citizenship” for children born outside the UK to members of our Armed Forces? It seems to me to be pushing it a little to charge members of the Armed Forces for this. I hope that the Minister can amplify the thinking behind that.
Earl Attlee
My Lords, I thank all noble Lords for their considered response this afternoon.
The order concerns itself with the ability to set the fees. The noble Lord, Lord Hunt, used somewhat flamboyant language to describe our current immigration policy. Clearly we shall have to look forward to our discussions in the coming months, when he can table suitable Motions and Questions to explore his concerns further. However, I understand them; I am listening to similar concerns being expressed right around the House, and I will discuss these issues with my honourable friend Mr Damian Green tomorrow. I will use a lot of the noble Lord’s speech, when I read it in Hansard tomorrow, as my starting point. We can also look forward to the Oral Question on immigration next week; I am sure that the noble Lord is. There will be plenty of time to discuss all the issues in the detail that we want.
The level of fees will be set by further orders. Where the fees are above the level required for cost recovery, there has to be an affirmative procedure. Where the fees are lower than necessary for cost recovery, there will be the negative order procedure, but we intend to make sure that we can discuss all the fee levels together.
Some 2.5 million people are looking for work, many of whom have key skills to offer employers. There is more reason now than ever to limit economic migration. We are fully aware that we will not meet our target of reducing net migration to the tens of thousands by looking at economic routes alone, so we are looking at all the main immigration routes. We will also consult on changes to the marriage route and entitlement to settle in the UK, to make settlement a less automatic prospect.
I was asked how we decided the level of the limit. The MAC recommended a reduction of 6,300 visas in 2011-12, which we accepted. Applying that reduction to our 2009 baseline of 50,000 tier 1 and tier 2 visas results in an overall limit for 2011-12 of 43,700. However, the 2009 baseline includes 22,000 ICTs. As they have been exempted and need to be excluded from the baseline, that gives an overall limit of 21,700.
The noble Lord, Lord Hunt, asked what additional consultation had taken place since 2009. The UK Border Agency published results of the last full consultation on fees in January 2010. That consultation established the principle that the agency should charge flexibly to take into account wider policy aims, and 90 per cent agreed. Since then, we have engaged with the task forces representing the Armed Forces, education, employment, arts and the entertainment sectors.
The noble Lord also asked about the impact assessment and specific fee levels. We expect to raise £829 million from fee income in 2011-12, but that is only 36 per cent of the UK Border Agency costs. The noble Baroness, Lady Hamwee, touched on whether the fees covered all the UK Border Agency’s costs; clearly, they do not. We will publish a full impact assessment when we lay the subsequent fee regulations, which will be brought before the House through the affirmative resolution procedure.
The noble Lord, Lord Hunt, mentioned much of our immigration policy. The Government believe that Britain can benefit from migration but not uncontrolled migration, which places unacceptable pressure on public services. We can reduce net migration without damaging our economy. We can increase the number of high-value migrants—the entrepreneurs, the investors, the research scientists—at the same time as we reduce the total number of people coming into Britain through economic routes.
The noble Lord asked broadly what the UK Border Agency is doing to ensure that the effect of any increase is minimised. The agency has committed to cutting its budget by up to 20 per cent in real terms over the next four years. That is the economic situation that we are in; that is the reality. The UK Border Agency is cutting overheads by more than a third over the spending review period. The agency will save around £500 million in efficiencies by reducing support costs, boosting productivity and improving value for money from commercial suppliers. The agency is determined to ensure that applicants pay more of the costs of running the agency, with taxpayers paying less. That will ensure that we can continue to provide the excellent service that noble Lords would wish.
The noble Lord, Lord Hunt, asked about the definition of front-line services. We will provide a written response to that as soon as possible. I apologise for the delay in providing that information, but I will personally look into this with the Home Office.
The noble Baroness, Lady Hamwee, asked about the Armed Forces nationality fee. It is fair that, rather than the taxpayer, those seeking a benefit from the application should meet the costs of the consideration. A person or their parent makes a choice on whether they wish to register as a British citizen, so they accept that it involves the payment of a fee. Enabling a choice to be made also ensures that the person can make decisions regarding any other nationality that they may hold.
The noble Baroness also asked about the possibility of pricing out students. We remain committed to maintaining the UK as an attractive destination for work, for study, to visit or for cultural visits. We recognise that migrants make a valuable contribution to the wider British economy and continually monitor our fees to ensure that they remain competitive with similar endorsement types offered in other countries. We believe that our fees remain competitive, particularly when one considers them alongside the entitlements which are offered to successful applicants. We also need to ensure that the charging system is fair to those who use the system and fair to the UK taxpayer, who will continue to support the immigration system that brings benefits and enrichments to this country. The fees that we charge are neither designed nor expected to deter migrants from choosing to come to the UK.
We will return to Parliament in March with regulations under the affirmative procedure to ask for approval of the regulations that will detail the fee levels for the visa immigration and nationality services covered by this order. The Committee should be assured that the brightest and the best will continue to be welcome in the UK, as will those who seek to come here to visit or to invest.
Lord Hunt of Kings Heath
My Lords, I wonder whether I could just come back to the noble Earl on one or two points. First, I thank him for the comprehensive response that he gave to both me and the noble Baroness but I do have two points.
On the brightest and the best, I very much appreciate the noble Earl’s willingness to share some of these points with Mr Damian Green, the Minister responsible. My concern about students is one that comes from very reputable educational institutions—not the bogus institutions which we have debated and on which I think that a great deal of action has already taken place. These are respected institutions that have overseas students who make a huge contribution to the life and the finances of our higher education institutes and who go back to their own countries. They are also very helpful in future relationships between the UK and other countries.
The noble Earl knows that my background is in the health service, on which I refer noble Lords to the register of interests. However, if one thinks about the doctors who have trained here, for example, while I know that this is a slightly different issue from the more general one of students from other countries, the positive impact that they have on the UK healthcare industry for years to come is immeasurable. That is why we have to be careful about the consultation that is out with UKBA at the moment.
The second issue is that of fairness for those overseas students who are currently here and who will be impacted by the restriction on work. A crucial part of the experience for overseas students when they come here is that they are able to do some post-student work. Is the noble Earl prepared to look into this matter? I know we have Oral Questions next week, but these matters relating to work are being pursued by myself and by the noble Lord, Lord Clement-Jones, with a genuine concern about the impact that this will have on the UK and on our universities in particular.
The Minister very kindly responded to the points I raised about consultation. He is to bring forward orders later on with the proposed fee changes. Will the proposed fees in those orders have gone through some consultative procedure? It would be helpful to get an answer to that.
Earl Attlee
My Lords, on the first point raised by the noble Lord, I agree with nearly everything that is said about the background to his concern; he is clearly right. I say “nearly everything” just in case he said something with which I cannot agree, but everything he said makes sense. He talked about post-student work, if I may put it that way. The problem is that some students have abused it and ruined it for others. We need to work out how we can get all the benefits of overseas students not only for ourselves but for the rest of the world while avoiding some of the problems.
Lord Hunt of Kings Heath
I understand that, but the point is that we are in a competitive world. I am being told that other countries, such as the US and other European countries, are rubbing their hands with glee at the UKBA consultation because they know that the impact will be that the high-quality people, who would have come to the UK, will go elsewhere. From an economic point of view, that is madness. I am grateful for the tone of the noble Earl’s response, which is very constructive, but we need to be very careful about the signals we are giving to the kind of people we would always want to welcome to our shores.
Earl Attlee
My Lords, I am grateful for the noble Lord's attitude to me because I am trying to be as helpful as I can and I look forward to drilling down into these issues and getting him the answers that he requires. The noble Lord made the point about the brightest and the best and the concerns of the education sector. We note those concerns and we will respond fully to the responses received on the UKBA students’ consultation. However, it is worth noting that not all students return immediately: 21 per cent of students who entered in 2004 were still here after five years. The noble Lord asked about consultation and my understanding is that there will be consultation internally with Government but not externally. If I am wrong on that I shall write to him. I hope I have answered all of the noble Lord's concerns.
Misuse of Drugs Act 1971 (Amendment) Order 2011
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Earl Attlee
My Lords, I beg to move that the Committee considers the draft Misuse of Drugs Act 1971 (Amendment) Order 2011, which was laid before Parliament on 10 January. If it is made, this order in council will bring two new drugs, tapentadol and amineptine, under the control of the 1971 Act and clarify the legislation on mephedrone. Tapentadol is a recently developed, centrally acting analgesic or painkiller, which is likely to be marketed in the UK in the near future following licensing by the Medicines and Healthcare Products Regulatory Agency, or MHRA.
The effects and risks associated with tapentadol are similar to those of other opioid analgesics, including hydromorphone and morphine, which are both controlled as class A drugs under the 1971 Act. Tapentadol presents a risk of addiction, diversion from legitimate sources and potential medicinal misuse. The risks associated with an overdose of tapentadol are constriction of the pupils, vomiting, loss of consciousness, seizures, difficulty in breathing and a risk of serious complications likely to lead to death.
Amineptine, on the other hand, is a powerful and fast acting antidepressant whose misuse has been reported mainly in Asia and Europe. In 2003, the Commission on Narcotic Drugs, on the recommendation of the World Health Organisation, decided to include amineptine in Schedule II to the Convention on Psychotropic Substances of 1971. As a signatory to the 1971 convention, the UK has to schedule amineptine under the 1971 Act to meet its international obligations.
Clinical studies indicate that amineptine has the potential for both dependence and misuse, predominantly in patients with a previous history of substance misuse. The withdrawal symptoms associated with amineptine include anxiety, psychomotor agitation and insomnia. Instances of dependence have been reported in Asia and Europe. The Government have consulted the advisory council as required by statute for both drugs, and in July last year it provided advice on tapentadol and amineptine following consideration of their harms. The advisory council reports that there is no evidence of licit or illicit use of tapentadol or amineptine in the UK. However, it supports the control of both drugs due to the potential harm associated with them. The advisory council also recommends that tapentadol and amineptine are controlled under the Misuse of Drugs Act—in class A and class C respectively—and Schedule 2 to the Misuse of Drugs Regulations 2001. The Government have accepted its recommendations.
The Committee will recollect that mephedrone and other cathinone derivatives—a group of so-called legal highs—were brought under the control of the Misuse of Drugs Act 1971 as class B drugs from 16 April 2010, with cross-party agreement in the final days of the last Parliament. If it is made, the latest Order in Council will also clarify the legislation on mephedrone, subsuming it within the generic definition used to control other cathinone derivatives at the time. Under current drafting, there can be uncertainty surrounding whether Article 2(a) or 2(b) of the 2010 order amending the 1971 Act is applicable to a given sample when preparing a charge for offences relating to mephedrone. The amendment will remove that uncertainty and ensure clarity and consistency for prosecutors, enabling all charges for the possession, supply and production of mephedrone to be prepared under the generic definition in paragraph 1(aa) of the 1971 Act.
This Order in Council, if it is made, will ensure that while honouring its obligations as a signatory to the 1971 UN convention, the UK will also be taking precautionary measures, based on the assessment of harms and the potential for misuse highlighted by the advisory council, by controlling tapentadol and amineptine under the 1971 Act.
There will be no designation order in the case of the two new drugs we seek to control through this Order in Council, as both drugs have legitimate medicinal uses. However, it is intended to make two further related statutory instruments which will be subject to the negative resolution procedure. The misuse of drugs designation amendment order 2011 will amend the Misuse of Drugs (Designation) Order 2001, subsuming mephedrone within the generic definition in the order. The misuse of drugs amendment regulations 2011 will similarly amend the Misuse of Drugs Regulations 2001, bringing mephedrone within the generic definition in the 2001 regulations and including tapentadol and amineptine in Schedule 2 to the 2001 regulations. Those instruments will be laid so as to come into force at the same time as the Order in Council, if it comes into force as proposed.
The Government will publicise the approved law changes on tapentadol and amineptine and the clarification of the legislation on mephedrone through a Home Office circular.
Lord Hunt of Kings Heath
My Lords, I am sure we are all grateful to the noble Earl for his remarks in introducing this order. The scientific evidence and advice on which the Government have acted is very clear and I welcome the Government’s action. The first two provisions in the order follow advice from the Advisory Council on the Misuse of Drugs. A letter about tapentadol from Professor Les Iversen of the Advisory Council on the Misuse of Drugs in July 2010 concludes that the abuse liability of the drug would be substantial and has the potential to cause social harm through diversion and addiction. Measures for amineptine were also on the recommendation of the advisory committee, which supports that drug being controlled under the Misuse of Drugs Act 1971.
The Explanatory Memorandum discloses that no consultation has taken place on this and that the Minister’s department has concluded that it is not necessary or beneficial so to do. The noble Earl will be aware that the Merits Select Committee has suggested that this Committee should satisfy itself that the review processes for the changes are sufficiently robust. I invite the noble Earl to respond to that comment of the Merits Select Committee.
In relation to these first two drugs, I take this opportunity to thank Professor Iversen and his advisory committee for the extremely valuable work that they do. The Minister has also explained that the changes in the draft order about mephedrone will not affect its classification. It is, and will remain, a class B controlled drug. The proposed clarification is simply a technical change in the legislation to make it more straightforward for prosecuting authorities to prepare charges. That seems extremely sensible and the Official Opposition are glad to support the proposal.
It is only a few months ago that mephedrone was brought under the control of the Misuse of Drugs Act 1971 as a class B drug. As has been explained, the paperwork accompanying the order makes it very clear that these drugs are harmful and dangerous and, in addition to legislative controls, a series of actions is required going beyond law enforcement and embracing prevention, public health and education. I would be grateful if the noble Earl could say something about what progress has been made on these fronts since the drug received the classification last April.
I would also like to ask the Minister about the impact of the proposed changes to the National Health Service on public health programmes in relation to this and other drugs. In so doing, I should refer to my declaration of a number of interests of mine in healthcare, declared in the House of Lords register of interests.
I understand that many useful public health programmes in relation to drugs are organised and funded locally by primary care trusts. The noble Earl will be aware that, under legislation now in the other place, primary care trusts are due to be abolished, with most of their public health functions being transferred to local authorities, alongside ring-fenced funding. Perhaps the noble Earl—if not today, but in writing—can assure me that his department will work very closely with the Department of Health and CLG to ensure that the budgets for drug prevention work, which are currently held locally, will be protected and that local authorities will be strongly encouraged to be proactive in that area.
Baroness Hamwee
I, too, am happy to support this order. I would like to follow up the questions asked by the noble Lord, Lord Hunt of Kings Heath, on consultation. The Merits of Statutory Instruments Committee referred in its report to amineptine having been dealt with by the Commission on Narcotic Drugs as long ago as 2003. That is quite startling. I am sure that the noble Earl will have been briefed as to the reason for the delay.
I also want to ask about the reference in the Explanatory Memorandum to consultation not being necessary. One might say that it is or is not, but at least one would understand it. I simply do not understand why consultation may not be “beneficial”, which is the term used in paragraph 8.1 of the Explanatory Memorandum. When is consultation not beneficial? I hope that the noble Earl can find an answer to that perhaps more philosophical question.
Earl Attlee
My Lords, I never said that the consultation would not be beneficial. I said that it would be beneficial, but that the impact assessment—to which I think my noble friend referred—or the Explanatory Memorandum said that it would not be necessary. It was not necessary or beneficial because of the ACMD process, the activities of the MRHA and consultation with the manufacturer.
I did not answer her question about why it has taken so long for the UK to control amineptine when it was scheduled under the UN convention. Amineptine came to light following an audit carried out to ensure that the UK was fulfilling its international obligations. As soon as this came to light, the Government consulted the ACMD, as required under the Misuse of Drugs Act 1971, and, following its advice, have moved swiftly to bring amineptine on to the 1971 Act. However, at no time during this period were the public exposed to any risks from this drug, as amineptine has never been available or licensed in the UK. The ACMD has confirmed that there was no evidence of illicit use of amineptine in the UK. I hope that that answers my noble friend’s questions.
Lord Hunt of Kings Heath
My Lords, as regards consultation, the noble Earl, Lord Attlee, has been helpful. I think he is saying that the advisory committee and the MHRA have gone through their own public consultation procedures and that therefore it is not necessary to do so again. Perhaps he could confirm that. In an otherwise very clear Explanatory Memorandum, it would have been helpful if that point had been raised.
Earl Attlee
I am obliged to the noble Lord, Lord Hunt of Kings Heath. He is absolutely right.
Visas
Lord Hunt of Kings Heath Excerpts(15 years, 2 months ago)
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Earl Attlee
My Lords, we will provide a full and normal visa service when the situation in Iraq allows it. It is obviously in our interests to do so. The noble Lord talked about the Germans. Following an expansion of German visa facilities in Iraq, suicide car bombers targeted the German embassy in Baghdad in April this year, killing a security guard. We will not take any unnecessary or avoidable risks with our personnel, whether UK or foreign.
Lord Hunt of Kings Heath
My Lords, this is a problem that does not apply just to Iraq but throughout the Middle East, including Libya. Can the noble Earl say a little more about his department’s approach as it applies to other countries in the Middle East?
Earl Attlee
My Lords, unfortunately not. I am briefed about the problems in Iraq, not the rest of the Middle East.