Psychoactive Substances Bill [HL]
Lord Kirkwood of Kirkhope Excerpts(9 years, 3 months ago)
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Lord Hope of Craighead (CB)
My Lords, the noble Baroness, Lady Meacher, is right to avoid the use of the word “novel” or “new”. The problem is that what may be new or novel today may not be so next year. What we are seeking to do in this legislation is to create a series of criminal offences, and the prosecutor will need to be very precise in leading evidence to satisfy the requirements of the definition. A solution along the lines suggested by the noble Baroness, supported by the noble Lord, Lord Howarth, avoids that word, which lacks the precision that is needed. Of course, the word new or novel is widely used in common parlance, but that is not really the test that should be applied for legislation such as this. I am therefore sure that the noble Baroness was right to find some other form of wording, and the one she has suggested avoids that difficulty.
Lord Kirkwood of Kirkhope (LD)
My Lords, I want to make two quick points as a codicil to this important group of amendments. I strongly support the attempt of the noble Baroness, Lady Meacher, to insert the word “synthetic”. As a former pharmacy graduate—non-practising—who studied such things, to me, the word “synthetic” makes perfect sense in this context, and it would make the Bill a lot clearer. I also support the amendments in this group that would reintroduce the concept of harm, which the 1971 legislation introduced in a way that has stood the test of time. Indeed, I am behind the thrust of all these amendments.
My noble friend Lady Hamwee referred to the Committee stage of this Bill, which the ministerial team dealt with in an exemplary way; it listened very carefully and did the best it could. But any Member of this House who has had the advantage, as some of us have, of reading the recent letter from Professor Les Iversen and the Home Secretary’s response of a few days later, will be left, as I certainly am, with a real concern about the difference in tone between the two approaches taken. I and many others expressed the concern in Committee that the Advisory Council on the Misuse of Drugs was being written out of the script. I use that harsh language deliberately, although I am not blaming the Minister.
On the second page of his letter, Professor Iversen says:
“The ACMD … wishes to present its concerns that the Bill, as drafted, may not achieve its aims”,
which is a pretty fundamental thing to say,
“and may produce serious unintended consequences”.
The heading of the subsequent paragraph states:
“The omission of the word ‘novel’ has widened the scope of the Bill”,
which all of us on my side of the argument were arguing against with the Government Front Bench. The heading of the next paragraph states:
“The psychoactivity of a substance cannot be unequivocally proven”.
Again, with my academic background, I support that view, which is the one taken in Committee. The heading of the next paragraph states:
“The Bill uncouples the concept of harm from control of supply, importation and production”,
which is the point that the noble Baroness, Lady Meacher, and others were making.
What relationship do the Government really have with the ACMD, given that they seem to be so far apart? We had a manifesto commitment which talked in yellow journalese about,
“a blanket ban on all new psychoactive substances, protecting young people from exposure to so-called ‘legal highs’”.
That is the kind of language we would see in manifestos, and a few short weeks or months afterwards we get this Bill, which seems a long way away from Professor Iversen and his colleagues. That is a concern to me. I do not blame the Minister, by the way, but that is a concern that this House is right to reflect on Report. Admittedly, there are proceedings in the House of Commons and I am sure that the Minister’s approach in Committee—the way that he was prepared to pick up points and reflect on them—will continue. I have been in this business a long while and I can see a long distance between these two bits of correspondence. The Minister has some work to do to persuade this House on Report that that gap is not dangerous and that people may not get hurt unless this is sorted out before the final passage and Royal Assent of this Bill.
Lord Kirkwood of Kirkhope
My Lords, Amendments 18 and 20 in this group are in my name and that of the right reverend Prelate the Bishop of Bristol. The theme is the same as that of the other amendments: we are talking about the aggravation clauses in the Bill. Our amendments would enhance the protection available to children under the aggravation clauses in two simple respects: first, by making it a statutory aggravating factor where children live in supported accommodation and are being importuned by potential offenders pushing drugs outside that accommodation; and, secondly, for “vulnerable child” to mean young adults under the age of 18, particularly 16 and 17 year-olds.
I am grateful to the Minister and his officials for their time. Together with the Children’s Society we had a productive exchange, which I found encouraging. I am also grateful for the amount of work done by the church because I know that it has first-hand experience and works closely with the Children’s Society. I hope that the right reverend Prelate will add some of his wise counsel and experience to this amendment.
Two points were fairly made in the course of the meeting yesterday and I shall summarise them quickly. The Minister’s view is that the non-statutory Sentencing Council’s guidelines as currently cast are sufficient. Having reflected on that—it is a fair point to make—I think the House would need to bear in mind that sentencing guidelines are, after all, merely additional factual elements that the courts are not obliged to consider when they weigh in the balance whether to upgrade or downgrade the severity of the sentence in the context of the facts and circumstances of the case in front of them. I do not think we are in agreement on the relative value of non-statutory versus statutory aggravating circumstances and I hope the Minister will reflect on that.
The evidence available to me is that young, vulnerable children are a magnet for drug-pushing offenders. Drug pushers know how to target them and there is evidence that that is happening. There is evidence from the Children’s Society, which I had not seen before—it makes sense when you think about it—that there is an unjustified, assumed prejudice that the hoodie image of a 16 to 17 year-old equates to young people being the authors of their own misfortune. In an insidious way, that plays into some elements of the criminal justice system which think that they are not in need of protection. That is wrong. We need to be clear that many of these 16 and 17 year-olds, although they may present publicly in a threatening or quasi-threatening way, are vulnerable and that some of their behaviour is a result of the damage they have experienced in earlier stages of their lives. We need to discount the negative attitude to younger people when we are considering the protection that they need. They are specifically targeted, both sexually and criminally, by the criminal fraternity. They are very vulnerable and protecting them by making the aggravating factor a statutory protection would help them.
At the meeting yesterday, the Minister again fairly made the point that it is quite tough—the noble and learned Lord, Lord Mackay of Clashfern, made a valuable contribution against me—to define an area outside sheltered accommodation because how would the potential offender, the drug pusher, know that he was outside such a premises? The evidence from the Children’s Society that I saw was compelling. I am not saying that the noble and learned Lord, Lord Mackay of Clashfern, is naive, but in this day and age it is naive to think that people who are about this kind of nefarious business do not know precisely where the 16 and 17 year-olds who are most vulnerable can be found. It would only take you 10 minutes in any local community to find out information of that kind. However, it is difficult to define in statute. When you are trying to prove mens rea beyond reasonable doubt, that is not a defence. It is too easily available to offenders who are arraigned at the bar on a charge of that kind.
My response to that would be that for that reason there is not a great deal of difference between that and being outside a school. The definition of being outside a school in the sentencing guideline is broadly drawn. It includes bus stops on the way to school and places where children gather an hour before and an hour after school. It is not only standing at the school gate that would be a bang-to-rights aggravating factor in the circumstances of any case. The context of supported accommodation is pari passu with the school provision that already exists in the 1971 Act. Indeed, these amendments seek to create a parity and similarity. They are modelled on the provisions of the Misuse of Drugs Act 1971.
These amendments seek to send a strong signal to members of the criminal fraternity that if they do this they cannot avoid the consequences of an aggravating factor being introduced into their sentencing. They will ensure consistency with the provisions of the 1971 Act, oblige courts to take such circumstances into account and increase protection for vulnerable 16 and 17 year-olds.
Again I thank the Minister and the right reverend Prelate for their support for these amendments. These may be narrow points but for the young people for whom we are trying to provide additional protection they are extremely important. I am grateful for the careful consideration the Minister has given to these points and I look forward to hearing what his attitude is now that he has had the chance to reflect further overnight on the useful meeting we had yesterday.
The Lord Bishop of Bristol
My Lords, I was glad to add my name to the amendments in the name of the noble Lord, Lord Kirkwood, and I thank him for his clear exposition of why they are important. They are intended to strengthen the legislation although, as a result of the conversations with the Minister yesterday, we recognise that there might be some practical difficulties around them. Nevertheless, I hope the Minister will listen carefully and continue the exemplary way in which he has been prepared to engage with colleagues on this issue. I thank him for that.
These amendments are important for a number of reasons. First, those of us who have any kind of jurisdiction around our cities at this time know full well that there are ruthless men and women who will go to any ends to exploit whoever is exploitable—and, of course, children and young adults are a very exploitable group.
Secondly, the Children’s Society—I am grateful for its briefing around this subject—recently polled some 16 and 17 year-olds who had felt the pressure to take drugs and to misuse alcohol. Those who have been able to withstand that pressure made it very clear that the reason they were able to do so was the positive impact of their families on the decisions that they might or might not have made. The flip side of that is that children who have no family in their immediate vicinity are made even more vulnerable by the fact that they may not be living with their family or may have lost contact with them altogether. This is a strong reason for the Minister to give careful consideration to these amendments. As I say, they are meant to strengthen this legislation.
Drugs in general but alcohol and psychoactive substances in particular are supplied not as an end in themselves but as a tool to groom children. Last year in my city 13 men were imprisoned for giving alcohol and drugs to young women and girls, some as young as 13. In return for supplying them with drugs, the girls were expected to have sex randomly with older men. I am sure that all noble Lords are repelled by such things.
Lord Kirkwood of Kirkhope
I am grateful to the Minister for that very helpful suggestion. For the avoidance of doubt, the intention of our amendments is to treat school environments and supported accommodation environments pari passu within the legislation so that they are on a par. I am agnostic about where the provision lies as long as they are treated equally across the legislative platform.
The other thing, of course, is that there is a different set-up in Scotland. I hope that the offer the Minister has made to write would be to other jurisdictions and criminal justice systems within the United Kingdom—if he has that power.
Lord Bates
I am looking for counsel from the noble and learned Lord, Lord Hardie, as a former Lord Advocate, as to whether we have that power. We talked about that yesterday. I think Scotland is in the process of establishing a sentencing council—
Psychoactive Substances Bill [HL]
Lord Kirkwood of Kirkhope Excerpts(9 years, 4 months ago)
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Baroness Hamwee
My Lords, as we are in Committee, I would like to ask the Minister a question which I told the Bill team I would ask him, but which I forgot to include in my previous remarks. Why do the offences clauses, up to and including Clause 10, not receive a mention in the Home Office’s human rights memorandum, except a reference in the summary at the start of the memorandum? One would have expected that, having created new offences, they would have deserved some attention in that document.
Lord Kirkwood of Kirkhope (LD)
My Lords, I make a very short intervention simply to support this group of amendments ably moved by the noble Lord, Lord Norton, and in particular to support the plea of my noble friend Lady Hamwee for a better explanation vis-a-vis the advisory council—a point made eloquently by the noble Lord, Lord Howarth of Newport. When I read the Bill, I was astonished to find that the advisory council had been sidelined to the extent that it had. If it is to be sidelined in future, this is an extremely important change.
Speaking for myself, I will be looking very carefully at what the Minister says in reply to the previous speeches made on Amendment 47 because, if he is not careful, he might find another plethora of amendments being tabled at later stages to restore the advisory council to its rightful role, which it has discharged with distinction in my view since the 1971 Act. This is not an insignificant moment for me. If the Minister can persuade the Committee that these are simply incidental circumstances indicating that the advisory council has been put to one side for the temporary purposes of this Bill, that is one thing. However, if this is a systematic attempt to reduce its significance in future policy-making in this important area, I think noble Lords will want to return to this during later stages of the Bill.
Lord Blencathra (Con)
My Lords, I will make just a brief point on the amendment in the name of the noble Baroness, Lady Hamwee. I would be surprised and appalled if the advisory committee was not one of the consultees in the Bill. But I am not sure it is necessary to actually mention it. The Secretary of State is under an obligation to consult such persons as appropriate, and clearly, the advisory committee is one of the top ones on the list to be consulted. If the Home Office failed to do so, in my experience we would be in court on a judicial review within minutes and the Secretary of State would lose the case for failing to consult an appropriate body.
It is one thing having a duty to consult, but that is quite different from being under an obligation to carry out all the advice the committee can give. It is perfectly legitimate for the Government to consult the advisory committee but then reject some of its advice after due consideration. If it is not given due consideration, again, that is a case for judicial review. While I agree that the committee must be consulted, I am not sure it is really necessary to put that in the Bill. Perhaps the Minister will clarify that in his response.
Lord Rosser
My Lords, a succession of inspection reports, covering Highpoint, Bristol, Liverpool and Deerbolt prisons among others, have shown high levels of use of synthetic cannabis, known by inmates, as I understand it, as “Spice” or “Black Mamba”. These legal drugs are not identifiable, so I am told, by more than a handful of sniffer dogs, nor through mandatory drug testing. Spice can cause high levels of addiction and there have been reports of debt, bullying and violence associated with its use becoming more widespread in prisons.
The government response to the expert panel report included a commitment to improving information about new psychoactive substances in the prison estate. The Minister referred to this issue in his letter of 15 June. However, the purpose of the two amendments that my noble friend Lord Tunnicliffe and I have tabled in this group is to make supplying, or offering to supply, a psychoactive substance in a prison an aggravating feature of the offence of supplying, or offering to supply. As we know, the Bill already makes it a statutory aggravating factor if the offence took place at, or in the vicinity of, a school. Surely another area of significant concern must be our prisons, where there are certainly some fairly unpleasant individuals, but there are also many potentially vulnerable people. To seek to supply, or offer to supply, a psychoactive substance within our prisons—there are different ways in which such substances get inside, whether through visitors, rogue staff, being thrown over the wall or sent in parcels or goods—is clearly making a difficult environment, with significant numbers in a relatively small space, even more awkward for both staff and inmates. I hope the Minister will share the view that supply, or offering to supply, in a prison should be an aggravating feature of such an offence, which is the purpose of our amendments. We await with interest his response to this and the other amendments in this group.
In conclusion, it was stated in the other place:
“Thirty-five per cent of prisoners have a drug addiction and 6% acquire that addiction while in prison”.
The Secretary of State for Justice said in response to that comment that,
“drug addiction is one of the principal factors that lead individuals to commit crime. It is also the case that there is an unacceptable level of drug use, both of illegal drugs and so-called legal highs, in our prisons”.—[Official Report, Commons, 23/06/15; col. 737.]
If that is the Secretary of State’s view—and I do not think that too many people would be surprised that he has expressed it—surely this is an opportunity to make supplying the new psychoactive substances, or offering to supply them, an aggravating feature of the offence in addition to what is already provided for in the Bill, which covers the situation where the offence takes place at, or in the vicinity of, a school. I beg to move.
Lord Kirkwood of Kirkhope
My Lords, in following the commendably concise remarks of the noble Lord, Lord Rosser, I wish to speak to Amendments 41, 42 and 108, standing in my name and that of the right reverend Prelate the Bishop of Bristol. These amendments are self-evident and seek to refine and extend protection for children under Clause 6. The provenance of these amendments is the Children’s Society, which, as a result of the important work that it does protecting children, has made a compelling case that these factors need to be inserted in the Bill as additional aggravating factors.
Basically, I am asking the Committee to amend the Bill to make the supply of psychoactive substances to children under the age of 18, or in the vicinity of premises where vulnerable children reside, an aggravating factor of an offence. The evidence indicates that psychoactive substances are now increasingly being used to groom children who are in vulnerable situations and environments. As the Government have already recognised that the school environment needs to be protected, this established principle would merely be extended a little by accepting the amendments suggested by the Children’s Society. It has provided some, I hope, very helpful definitions of accommodation for vulnerable children, which I think are applicable to England and probably Wales. I do not know whether they are entirely appropriate for Scotland, but I would like the Minister’s advice on that. There are three sets of circumstances where children are particularly exposed to these situations—residential care, as defined by people in supported accommodation, and 16 year-olds and 17 year-olds who find themselves homeless. I would be interested to hear about the experience of the right reverend Prelate in this regard as I know that the church does valuable work in this area. He may be able to expand on some of the background circumstances that caused the Children’s Society to promote these amendments.
Amendment 108 seeks to apply these proposed aggravating circumstances to other controlled drugs under the 1971 legislation. As I understand it, at the moment there are merely non-statutory aggravating factors in the 1971 provisions. If Amendment 108 found favour with the Minister, I think that we would be able to ensure the same protection from the courts, as they would be required to take account of aggravating features in considering any offence.
The Lord Bishop of St Albans
My Lords, my colleague the right reverend Prelate the Bishop of Bristol is very sorry that he cannot be here, but I have spoken to him and am keen to add a few words of support for these amendments.
Those who work with children, young people and vulnerable adults know only too well the risks associated with residential care. In 2012, of the 16,500 children who were found to be at high risk of sexual exploitation, more than a third—35%—were children living in residential care. It seems to me that these amendments would add additional strength to the general direction of the Bill, which we on these Benches happily support. We also draw on the research and briefing of the Children’s Society.
Places which care for children, young people and vulnerable adults in either residential or supported care facilities can easily become targeted by people who, via grooming and addiction to psychoactive drugs, use control to lead children and vulnerable adults into other very serious kinds of abuse. I note the point that the noble Lord made that accepting the amendment would put this offence on the same footing as that of supplying drugs outside a school, which the Bill already makes an aggravating factor.
My colleague the right reverend Prelate the Bishop of Bristol told me that last year, in his own city of Bristol, 13 men were convicted of a string of sexual offences involving sexual abuse, trafficking, rape and prostitution of teenage girls as young as 13 years old. Their tactics were clear: in return for drugs and alcohol, young girls were forced to perform sexual acts with older men. Much more could be said but I want to support these amendments because, as I say, they would help this vulnerable group to receive additional protection.
Lord Bates
Of course, and I remind my noble and learned friend Lord Mackay of Clashfern that, within the sentencing guidelines, there would be the ability for some of these factors to be spelled out. The awareness would be there and I am very sensitive to that. Having used the case of Canterbury, where one of these head shops was within 100 yards of the King’s School—just across the road from it—that is precisely the type of circumstance we are trying to get to. But in the normal way it would be open to the sentencing court, having regard to the relevant sentencing guidelines, to take any other aggravating factors into consideration. In updating its guidelines, the Sentencing Council in England and Wales may wish to reflect on the points raised in this debate. I might add that any prisoner who commits any offence under the Bill could be subject to additional punishments and restrictions through existing prison disciplinary procedures. For the purpose of the Bill we should be guided by the equivalent provision in the Misuse of Drugs Act, notwithstanding Amendment 108, which seeks to bring the 1971 Act into line with Amendment 42.
There is also one government amendment in this group. Amendment 43 is a technical amendment that seeks to correctly reference the second aggravating offence in Clause 6 with the corresponding offence in Clause 5. Clause 6 creates two aggravating conditions which a court must consider when passing sentence. It states:
“Condition A is that the offence was committed on or in the vicinity of school premises at a relevant time … Condition B is that … the offender used a courier who, at the time the offence was committed, was under the age of 18”.
Amendment 43 relates to condition B.
Clause 6(6)(a) provides that a person uses a courier if the person,
“causes or permits another person … to deliver a psychoactive substance”.
However, and rightly, a person can commit an offence of offering to supply a psychoactive substance in Clause 5(2) without there being any psychoactive substance in existence. The offence would be committed if an offer was made to supply a psychoactive substance but a non-psychoactive substance was in fact supplied. As we discussed in the previous group, it could be a packet of some benign white powder being passed off as a psychoactive substance. In such a case the requirement in Clause 6(6)(a) would not be met. Amendment 43 simply ensures that condition B operates as intended.
I hope that I have been able to reassure the noble Lord, Lord Tunnicliffe, that the Government are actively tackling the issue of new psychoactive substances in prisons and that, on that basis, he will be content to withdraw his amendment. Within that, I extend to the noble Lords, Lord Rosser and Lord Tunnicliffe, the same offer which has been extended to other Members: to have that meeting with the Children’s Society to explore this area and, having heard its experiences, to consider whether further action is needed.
Lord Kirkwood of Kirkhope
I hope I can say on behalf of the Bishops’ Bench that the offer of a meeting is welcome. If we can do that in association with the Children’s Society, that meets our immediate request and I would be happy to operate on that basis.
Baroness Hamwee
My Lords, if the correct way of dealing with subsection (6) is just to refer to the delivery of a substance, are the Government considering changing Section 4 of the Misuse of Drugs Act—I do not have the Act with me—to take out the reference to a controlled drug? I do not expect an answer at this point but I am not immediately persuaded that they should be different.
Psychoactive Substances Bill [HL]
Lord Kirkwood of Kirkhope Excerpts(9 years, 4 months ago)
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Lord Norton of Louth
My Lords, like the noble Baroness, Lady Meacher, I have added my name to the amendment because I think the noble Lord, Lord Howarth, is spot on in terms of the principle of the amendment, which is about education, because it completely shifts the focus. This Bill is essentially reactive. It is getting at what it wants to ban. The great thing about the amendment is that it is proactive. It explains to people why they should not take drugs in the first place. The route is education because we want to ensure that people are aware of the risks so they do not wish to take them in the first place. Otherwise, what we are doing is downstream once they have started taking the substances.
How then do you deliver the education? I take the point that my noble friend Lord Blencathra made about those who should be informing others, because young people listen to other young people and those who have had the experiences. It is absolutely right. They would be the most appropriate people. If somehow one could link a reduction in drug use to school league tables I can assure you that head teachers would be bringing in those appropriate people like a shot to affect outcomes. However, the crucial point here is that what the noble Lord, Lord Howarth, is getting at with this amendment is worth while in its own right and would be worth pursuing anyway even if the rest of the Bill were not there.
I think we are all agreed that it does not actually have to be precisely in the form in which the noble Lord has brought it forward but there is a general welcome for the principle involved. I regard it as extraordinarily important because if we can stop people wanting to take synthetic substances in the first place then a lot of what we are discussing becomes unnecessary. We really ought to be thinking in those terms and the noble Lord has done a fantastic service by bringing forward this amendment. I hope it will engage my noble friend’s attention to thinking how we educate people about this in the first place. It might be difficult. We might not achieve it, but it is inherently a desirable goal. It is, if you like, a public good.
Lord Kirkwood of Kirkhope (LD)
Can I make a short intervention to support Amendment 13 in the name of the noble Lord, Lord Howarth of Newport? I agree absolutely with the noble Lord, Lord Blencathra, that you need reformed addicts and the like to be effective in these circumstances. I have some experience working with the Wise Group in Glasgow, where Routes out of Prison takes reformed prisoners—people who have been on the inside—and meets prisoners coming out. There is no doubt that the vital connection between those who have been in that bad place and traded themselves out of it, and the totality of both phases, is very compelling and captivates young people of secondary school age in particular in a way that nothing else can, so education of that kind is essential in my view. However, there are not enough people with sufficient experience to do it. The voluntary sector is very good in some parts of the country but in others it is patchy. Further, if this is a good idea and there are workable ways of delivering it without men in suits being involved, we need a quantum of money to make it work sensibly. It is astonishing that the last Government fessed up to spending only £180,000 in this area. I think that figure applies only to England. I must check with my Scottish contacts to find out whether they spent a tenth of that, or whatever it was. That really is a de minimis amount of money. Indeed, I think that even £7 million is a de minimis amount of money.
The noble Lord, Lord Norton, is absolutely right to say that this proposed new clause stands on its own but if the Government are really taking a blanket-ban approach—I agree with my noble friends on the Front Bench that that is not the appropriate way to go—I would be consoled if there was an important, big, well-funded and properly constructed education package that went with this approach, because I think it would have an impact. However, you cannot do it for £180,000 a year. As we all know and expect, the impact assessment talks about effects on business, and all these things are important. However, if we are going to make this a reality and make it work, we need to be thinking over the period of the rest of the Parliament of seriously increasing the resources devoted to the measures proposed in this amendment.
My final point concerns the troubled families programme—it is a horrible name—about which I know a little and which was mentioned in passing by the noble Lord, Lord Howarth of Newport. It is also another way into this issue because a lot of the trouble in troubled families comes from youngsters who are out of control. These families contain a lot of single mothers in difficult circumstances and low-income households. These people struggle to access help. They will be the first to identify the problem with their teenage children and will be the first to seek help. Therefore, I think the troubled families programme would be another avenue through which to release resources effectively to confront some of these dangerous substances. If we are thinking about introducing a provision something like what is proposed in the new clause in Amendment 13 at later stages of the Bill, we need to think seriously about how to resource it adequately without being stupid about it. I am not daft; there is obviously an austerity constraint on everyone but we should all think about what constitutes a meaningful annual spend before the later stages of the Bill are completed.
Lord Rosser (Lab)
My noble friend Lord Tunnicliffe and I have tabled the second amendment in this group. The first amendment, which we have been discussing, relates to education in secondary schools. Our amendment provides for the Secretary of State to,
“establish a scheme to promote public awareness of new psychoactive substances, including the dangers these substances may pose”,
and to provide an annual report to Parliament. The amendment lists some of the issues that must be included in the report.
The expert panel report included recommendations on education and awareness. What is needed is a targeted public awareness campaign for young people and one specifically for parents, an evaluation of current education programmes, investment more generally in drugs education in schools and new psychoactive substances training for front-line staff. A comprehensive prevention campaign should include Public Health England, which should run a targeted campaign to alert people to the dangers of these drugs and to counter the myth that “legal” means “safe”. That campaign needs also to include the targeting of young people through social media.
Lord Bates
That is mandatory, is it not, at least for the male Members? I would certainly not dream of turning up in our ceremonial gowns. They would probably think it was Christmas and misunderstand what was coming.
Education is not just for teachers and it is for all of us, including the media, to ensure positive role models. As a parent and grandparent, I think children often respond best to very clear messages. Ambiguous messages which say, “This might be okay or it might not—take it along to a testing station”, or “This might be against the law or it could be legal”, spread confusion which is unhelpful to pupils and teachers.
Drug education is part of the national curriculum for science at key stages 2 and 3. My noble friend Lord Norton of Louth said that if we made this a key performance indicator then schools would start taking in seriously. It is already, in a way, because to be judged outstanding by Ofsted you must be able to demonstrate with great clarity that pupils are safe and feel safe at all times and that they understand how to keep themselves and others safe in different situations and settings. We need to explore further whether inspectors follow that in every school but the bones of what is necessary are there.
We have had some excellent contributions and discussions. As I flagged up earlier, we have a further meeting on 7 July. We have invited Public Health England to be represented at that, as well as the Department for Education. That will be a useful opportunity to explore these issues.
Lord Kirkwood of Kirkhope
The Minister is very solicitous of the questions thrown at him. I understand that there is a difficult Budget coming, and that Ministers are in purdah before that, but what expectation would he have of getting a realistic increase, in the course of the next spending review, in the money available for this important educational work in this public policy field?
Psychoactive Substances Bill [HL]
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Lord Kirkwood of Kirkhope (LD)
My Lords, it is a pleasure to follow the noble Lord, Lord Patel of Bradford, whose experience is of service to the House. I hope that he will take an active interest in the remaining proceedings of this Bill. I concur particularly with his point about the alleged lack of consultation. If that is true—I hope the Minister will find time to reassure us about this—it is seriously worrying. The advisory committee on medicine and drugs has been a well-established, much-respected part of the environment since 1971. If there is any suggestion that they were deliberately body-swerved in order to get a political outcome by resorting to an expert committee, that would leave some of us of a more sceptical disposition more worried than we might need to be. If the Minister could make that clear, it would leave me sleeping slightly easier in bed at night.
Attached to that, the lack of a regulatory impact assessment is also a mistake. In the course of further proceedings in Committee, I hope that we get a chance to explore why there was no regulatory impact assessment. The point was made powerfully by the noble Baroness, Lady Hollins, that these substances are important to research and to industry. This is a vast category of substances and it is a blanket ban, so we need to be really careful about who is and is not affected. I am not sure that we have done enough work, certainly to satisfy me, that that was the right thing to do.
I have two loci in this important subject: I am from Scotland and this Bill applies to Scotland. It is more important now for this House to ensure that anything we do that has a United Kingdom reference takes account of what it is doing in other parts of the devolved legislatures. I have some concerns that can be pursued at a later stage about the way the criminal justice system, which my noble friend expertly explored, will fit with the other criminal justice processes and systems. The culture and approach can be quite different. My noble friend knows a lot more about this than I do, and I hope to talk to him over the course of the Committee stage to see whether I understand this properly, but anything that we do we must do in concert with our colleagues north of the border. The Minister will know that the Scottish Government had their own expert committee and made recommendations that are entirely sensible and that I think work with the grain of his approach, which I will seek to avoid doing in a moment. My point is that whatever we do, we must stay in step with other legislatures.
The other thing that I can plead by way of an interest in this is that I am a non-practising pharmacist, and I would recognise a molecule of ecstasy if the Minister wrote it down in front of me on a bit of paper—or at least I used to be able to in 1970 when I qualified. A pharmacy degree is a complete aversion therapy course against drugs. I spent a long time trying to learn how to get the active ingredient through the substrate. Colleagues need to understand this. This is not just about active ingredients; it is about dosage. Some of these manufactured substances are in pills. You can make 1,000 pills and all the active ingredient is in the last substrate, which is how my attempts ended up in the labs at Heriot-Watt University. It is not an easy thing to do; it is a very skilled thing to do. You need equipment and training.
This does not happen by accident, so people should not think that it is just about getting the molecules identified; it is the dosage within the distribution of the substances that are being taken that is part of the problem. I hope to be able to think about that a little more clearly and bring some of that past experience to bear. Russian roulette is an exact description of what I have just talked about; trying to get the active ingredient evenly distributed through the substrate is certainly Russian roulette—the noble Baroness, Lady Browning, is absolutely right about that.
The noble Baroness, Lady Hollins, mentioned at the end of her remarks the important point about alcohol-related deaths. It will come as no surprise to the House that Liberal Democrats are very focused on that issue at the moment, for rather obvious reasons. As the noble Lord, Lord Rosser, said, we must think of all victims as we go through this legislation and try to improve the situation in the best way we can. I was also pleased to hear the noble Baroness, Lady Browning, mention the work of Norman Baker. What he achieved in his short time at the Home Office should be recognised.
I echo and cheer on my noble friend Lord Paddick in his approach to the Bill and I will support him absolutely. The noble Lord, Lord Tunnicliffe, tried to catch my noble friend on the hop, but he failed, and rightly so. I am not the spokesman, but if it was left to me I would vote against the Bill, because the opportunity to look comprehensively at everything that has happened, including the provisions of the Misuse of Drugs Act 1971, should be taken now. That is why the point about consultation is so important. We do not really know how fast this situation is changing and accelerating. The circumstances that we are facing now are wholly and entirely different from those in 1971, so as a legislature we should be pausing—someone mentioned earlier the need to do this—and take a really good look at them. I would argue, as I think my colleagues on these Benches would argue, for looking at the harm rationale, which is a much better approach to these problems than a blanket prohibition.
It is not easy, and the public hate it because they like language like “war on drugs” and “crackdown on drugs”. It makes them think that the issue is being taken seriously. Actually, much more has to be spent on prevention and research to get beneficial outcomes, and this must be treated as a health issue. I am absolutely all square with my noble friend on that, but it is a harder sell to the public. Those on the other Front Benches who attack us because we are allegedly soft on drugs will fail, because in the long run a health approach along with research and education is the way forward. If we could capture the resources that we are now unleashing—criminal justice will need a lot of extra resource to do this properly—and devote them to health and education, we would have fewer victims. That is my view. I am prepared to look at the evidence, and I hope that we will explore some of it in a little more detail in Committee, but this is my general approach to dealing with all this.
This is not an easy Bill to amend if you come at it with our approach, and the Minister will have to understand that. But I think that there is a majority view in the House for doing something of this kind, and I look forward to joining my colleagues in trying to make the Bill as good as it can be. However, as far as I am concerned, people need to understand that this is the wrong direction of travel. I hope I am wrong, but that is my view at the moment, and I look forward to considering the Bill in greater detail in Committee.
Lord Bates
My noble friend asserts that the Misuse of Drugs Act has failed. You can of course observe and point to the availability and prevalence of drugs within society and draw some conclusions, but one cannot make a direct comparison because, had the Misuse of Drugs Act not been in place in 1971, perhaps that situation and the situation that we are trying to address might be a whole lot worse.
What can you do in government? You can look at issues. We have parents, including Maryon Stewart, and the Angelus Foundation coming to us and urging us to take action and clamp down on these drugs. We read in our regional and national newspapers of horrendous situations—young lives lost and blighted. We see new drugs come on to the market branded as “plant food” and “not fit for human consumption”, as if that gets the sellers off the hook of their moral responsibility for what they are selling. Are we supposed to say “No, we do not take any action”, simply because there is an availability of drugs in society? Well, the Government do not take that view and nor did the expert panel, the Home Affairs Select Committee or any of the mainstream political parties in their manifestos. I am sure that this debate will go on, and it is good that we do this. I will now try to address some more of the particular points raised.
The noble Baroness, Lady Bakewell, and my noble friend argued the case and called for a more regulatory approach. As I indicated in my opening remarks, the expert panel considered the regulatory model along with others in operation in different jurisdictions, and concluded that it presented significant practical difficulties. Trying to define what we mean by low-harm substances would be a legislative and scientific minefield. For many substances, the evidence of chronic harm can take years to emerge, as can dependence potential. It is not clear how the harms could be properly assessed to medicine standards without animal and human trials. Do we really want to contemplate further animal testing for these purposes? I also remind the House that there have been no applications for licences in New Zealand—further evidence, if it were needed, of the difficulties of going down the regulatory route.
The question of definition was raised by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Patel. The Bill is designed to capture substances supplied for human consumption that have a psychoactive effect. Its aim is to capture substances that are not currently controlled under the Misuse of Drugs Act 1971 but that, as with all drugs, carry health risks when misused. Many new psychoactive substances are still legal due to the speed at which they are produced, with manufacturers inventing new substances by tweaking chemical formulas, as I already mentioned.
The point about criminalising young people was raised by the noble Baroness, Lady Hollins, again from her deep experience in this area. I assure her and other noble Lords that there is no question of criminalising the users of psychoactive substances. As proposed by the expert panel, the Bill is focused on the trade in these substances: those who manufacture, import, distribute or sell new psychoactive substances. The Bill contains no offence in relation to simple possession—a point welcomed by the noble Baroness, Lady Meacher. As she suggested, for young people tempted to use new psychoactive substances our focus must be on prevention and, where necessary, treatment. I look forward in Committee to setting out in more detail the comments in that expert panel report on the work that will need to go hand in hand with education and health prevention available to people.
The noble Baroness, Lady Hollins, argued in favour of the Irish approach. The Bill is closely modelled on that approach. I will come back to that specific point about the Irish definition.
The impact on research was raised by the noble Baronesses, Lady Meacher and Lady Hollins, the noble Lord, Lord Kirkwood, and my noble friend Lady Browning. A number of noble Lords sought reassurance about the impact of the Bill on legitimate research. I can indeed offer such reassurance. Research that does not involve the human consumption of a psychoactive substance would not be caught by the provisions of the Bill. Where research has reached the stage of clinical human trials, Schedule 1 to the Bill exempts investigational medicinal products from the scope of a psychoactive substance. This includes active substances being used in such trials. If further latitude for research were needed, the regulation-making power in Clause 10 enables us to exclude specified activities from the ambit of the offences.
The noble Lord, Lord Rosser, raised the issue of keeping the list of exempted substances under review. He asked about the process for ensuring that the list of exempted substances in Schedule 1 is kept up to date. We believe that the list will be relatively stable. Indeed, Ireland has not needed to amend its equivalent list in the five year since its legislation was enacted. I should add that we are not legislating here for a regulatory regime for new psychoactive substances; there is no provision in the Bill to enable the licensing of so-called low-harm substances, and the regulation-making power in Clause 3 is not designed for that purpose.
The noble Lord, Lord Rosser, and my noble friend Lord Farmer asked about the implementation of the Bill. We are working with the police, the National Crime Agency and the Border Force on implementation, including the development of appropriate guidance, and we will extend those discussions to the Local Government Association—another organisation that is actually being supportive of the Government’s approach here. We are also ready to work with other bodies, such as the Association of Convenience Stores, to provide bespoke guidance for their members. A very good point was made about what we are doing to engage with countries that lead in supplying these things, such as India and China. I do not have an answer to that, but I shall write to noble Lords about that in further correspondence.
I mentioned the cross-European approach. The noble Earl, Lord Sandwich, asked whether we could be more specific about when the ACMD is due to report. NICE and the Medicines and Healthcare Products Regulatory Agency have published advice to clinicians on how to help people to withdraw from medicines to which they are addicted. Public Health England has produced advice to commissioners on how to assess the need in their area for specialist services to help people to withdraw from medicines to which they are addicted.
I am conscious that there are a number of issues that I have not had time properly to address here, and I shall be very happy to write a follow-up letter to begin a discussion with colleagues, and perhaps to arrange, ahead of Committee, meetings between interested Peers and some of the experts from whom we have taken our opinion. I am very happy to give an undertaking to do that. With those assurances—
Lord Kirkwood of Kirkhope
The Minister has been very solicitous in answering the legitimate questions that have been asked. It would help me enormously to prepare mentally for Committee if he could give me some idea of what he would consider success to look like over the next five or 10-year period, should this Bill become an Act.
Lord Bates
There is some of that in the impact statement, although I accept that it may not be as much as noble Lords would like. However, I am very happy to see whether we can go back and see what extra we can produce in answer to that very specific question. I shall write or provide further comment in Committee. But in the light of those remarks and those commitments—
Queen’s Speech
Lord Kirkwood of Kirkhope Excerpts(10 years, 4 months ago)
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Lord Kirkwood of Kirkhope (LD)
My Lords, it is a pleasure to follow the noble Lord, Lord Faulkner of Worcester. I am pleased to contribute to this important debate. It has been very interesting and it will be quite difficult to sum up because so many subjects and topics have been covered.
I start by declaring an interest in that I am the chair of the superannuation committee of the General Medical Council. The noble Lord, Lord Faulks, now knows what is coming next, because we had a very good debate in the Moses Room recently on a Question for Short Debate on medical regulation. He was as good as his word and took the message back from that. The noble Lord, Lord Patel, and others in this debate expressed dismay—I think that is what it was—that this opportunity to deal with the modernisation of medical regulation, not just for doctors but nurses and other professions allied to medicine, will now be missed. There is a real fear that, with the election upon us next year and the manifesto priorities of an incoming Government, the chances of slipping something as sensible as medical regulation into an early programme within the next five-year Parliament is remote. The 1983 Act—which is, as the noble Lord, Lord Patel, said, completely unfit for purpose now—will have to prevail for that length of time.
My plea again to the noble Lord, Lord Faulks, and the Minister who will wind up is that they take the message back from this debate. It may well be that we have had enough health legislation in this Parliament—we have had our fair share—but I think this would probably be susceptible to cross-party or all-party support. I do not mean by that there would not be robust debates. We would all promise to be very well behaved under the guidance of the noble Earl, Lord Howe, as we always are. My spies tell me—my spies are everywhere—that this is a failure of political will and that the Government are frightened of having a health debate in the year running up to an election. That seems to be the height of cowardice, if true.
Lord Hunt of Kings Heath (Lab)
My Lords, I understand that the Department of Health is telling regulators that it is due to lack of parliamentary time—which rather defies all logic.
Lord Kirkwood of Kirkhope
That is a helpful intervention and if that is what they are trying to tell people it is nonsense. The 11 Bills in this Queen’s Speech could easily have been 12. The 11 are workaday measures and are all sensible and useful. To be honest, as a former business manager, in the fifth year of a five-year Parliament I would leave a little leeway at the end on the grounds that you might get more than you bargained for. I put that marker down. I notice that there are Oral Questions and I will add my name to those who continue to argue for that addition to other measures that will be laid before the House.
I have two minutes left and want to make two points. I am not an expert on migration or immigration. All my parliamentary experience was in the fastness of the Scottish Borders. There are colleagues in this place who know much more about immigration and migration than I. However, over the last three months, I have become really concerned about the mood of the country in this particular field. I have always believed that it was the conventional wisdom that everybody realised that Britain had to be an open not closed society. Actually, former Prime Minister Blair made a very good speech about that in relation to the European Union on 2 June at the London Business School. The noble Lord, Lord Bilimoria, made a powerful speech concentrating on the academic and student side of things, but we should not just end there. There are all sorts of deeper problems in communities that have more than their fair share of immigration. But I will now spend some of my time in this Parliament trying to understand that problem better because we all have to come up with better answers. We must all be more positive about Britain being a more outward-going country. If I had more time, I would develop that thought because I feel it quite deeply.
The other thing that concerns me a lot is the uncertainty of the mood of the electorate which really feels left behind. An increasing minority of our communities are feeling more and more left behind. It is the lower 15% to 20% end of the income distribution that feels it hardest. My plea to both my Front-Bench colleagues—both are sensible men who have influence in this Government—is that of course deficit reduction and the removal of the national debt have to be priorities, but we have to be careful that there are not indirect and unintended consequences from the diminution of public services that in turn exacerbate the tension in some of our communities which bear large numbers of immigrants. That would be a false economy. My plea to them both is that, in all these important areas of public policy—home affairs, law and justice, health and education—very careful thought is given to the distribution and allocation of resources, some of which will need to go to deficit reduction but some of which should be used to deal with some of the downstream consequences in education in the communities that are affected most.
Immigration: Detention of Children
Lord Kirkwood of Kirkhope Excerpts(14 years, 5 months ago)
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Lord Kirkwood of Kirkhope
To ask Her Majesty’s Government when they will end the detention of children for immigration purposes.
The Minister of State, Home Office (Baroness Neville-Jones)
My Lords, the Government are committed to ending the detention of children for immigration purposes. My honourable friend the Minister of State for Immigration is heading a review on the way forward, which aims to protect the welfare of children while ensuring the removal of those who have no right to be in the UK. He will set out the way forward as soon as possible: certainly in the coming weeks. Currently, I might add, there is one family with two children in immigration detention.
Lord Kirkwood of Kirkhope
My Lords, I am grateful to the Minister for that reply, and I welcome her to her new high ministerial office and wish her well for the future. When does she expect to be able to end child detention for immigration purposes? Does she not agree that it would be a signal success for the new Government if there could be an early announcement that ended the practice? Is there any chance of her being able to do that sensibly before the House rises for the Summer Recess?
Baroness Neville-Jones
My Lords, I thank the noble Lord very much for his kind words. I certainly agree that we want to progress this as rapidly as possible. I cannot unfortunately give him a deadline today, but I hope that my honourable friend in the other House will have more details really quite shortly. At the moment, we are working with various charities and NGOs that will help us to find solutions so that we can come forward with something that is not just process but that incorporates a solution. We will do that as rapidly as we can. The noble Lord is quite right that we need to end this as soon as possible.