Psychoactive Substances Bill [HL]

Debate between Lord Paddick and Baroness Meacher

Tuesday 14th July 2015 Lords Chamber

[Lord Paddick]

My Lords, my noble friend Lady Hamwee and I have Amendment 16 in this group, which approaches the issue from a slightly different position. Our amendment suggests that:

“It shall be a defence that the person did not supply the substance for gain”.

The difference here is that as I understand it, the amendment in the name of the noble Lord, Lord Howarth, would mean that the prosecution would have to prove that this was the case, whereas in our case, if it was a defence, it would be a matter for the accused person to prove that they did not supply the substance for gain. As the noble Lord, Lord Howarth, said, on page 3, point 5, of the ACMD’s letter of 2 July, for very similar reasons it is not only concerned that this will criminalise,

“otherwise law abiding young people and adults”,

but concerned with regard to the discriminatory impact.

The Secretary of State is encouraging in her response to the letter, saying that,

“the police and Crown Prosecution Service will exercise their professional discretion taking into all the circumstances of the offence and the offender”.

However, the concern—which is not addressed by the Secretary of State, but is expressed by the advisory council—is that it is not simply a case of members of the black and minority-ethnic community being disproportionately stopped and searched by the police, which the Secretary of State addresses in her response, but that members of the black and minority-ethnic community are disproportionally more likely to be charged rather than cautioned for an offence. They are also disproportionally likely to have a formal disposal of their case rather than no further action being taken.

Therefore, while the Secretary of State’s efforts to improve the police’s use of stop and search is to be applauded, she does not address the other issues regarding the fact that members of that group are disproportionately more likely to face a form of sanction, be it a caution rather than no further action, and more likely to be charged with an offence rather than given a caution, bearing in mind that the Secretary of State says that out-of-court disposals would be used in “appropriate cases”. Our concern is that without it being a statutory defence, with the burden of proof lying on the accused, there is regrettably—to judge by evidence of what has happened in the past—a danger that the powers in the Bill will disproportionately affect black and minority-ethnic communities and will therefore discriminate against them, as the advisory council’s letter points out.

[Baroness Meacher]

My Lords, all that needs to be said has been said. I will simply express my support for these amendments, on the grounds that for a child of 14 to get a criminal record will be far more serious for them than any damage that might be done by some rather dubious psychoactive substance. That is not to say that I in any way support young people taking these things, but we know that they do. All the literature— certainly that from Portugal—suggests that avoiding a criminal record is an enormous plus for a young person; they are much more likely to remain with their studies and get a job when they leave school. It is therefore a very serious matter to include these activities, whether it is sharing a substance with a group of friends or some such activity. The Government designate such an activity as a criminal offence at their peril in terms of the longer-term consequences, as well as the probable long-term costs to the Government, of dysfunctional young people, unemployed people and people getting into a criminal lifestyle.

Psychoactive Substances Bill [HL]

Debate between Lord Paddick and Baroness Meacher

Tuesday 23rd June 2015 Lords Chamber

[Lord Paddick]

My Lords, if I may assist the Committee, clearly these amendments can be taken separately and, if the Committee is minded to say that there needs to be a review and no delay in giving effect to the legislation, that is a matter for the Committee. We are talking about the Misuse of Drugs Act in that amendment rather than the Bill, if that helps the noble Lord.

[Baroness Meacher]

I wonder if it might help the Committee if the noble Lord withdrew Amendment 115 simply so that we can debate the need for a review of the Misuse of Drugs Act without setting it in the context of a delay to the psychoactive substances ban.

Psychoactive Substances Bill [HL]

Debate between Lord Paddick and Baroness Meacher

Tuesday 23rd June 2015 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I support the noble Lord, Lord Howarth, on both those amendments. We talked a lot about legislation earlier on today, but we know, both internationally and from the Home Affairs Select Committee and others, that legislation does not make very much difference at all to the key issues relating to drugs, whether traditional drugs or new psychoactive substances. The important job the Government have concerns information. I have said it before and will say it again: young people do not want to kill themselves, believe it or not, and they do not even want to harm themselves and finish up in hospital. Why do they kill themselves and finish up in hospital? Because they do not have the information they need to keep themselves safe. Why do they not have the information? Because far too many substances are banned in a rather simplistic way. Countries such as the Netherlands, which have coffee shops where people can get cannabis, have very little problem with heroin, for example. There are other ways of keeping people safe. But the most important way, as the noble Lord, Lord Howarth, says, is information. I agree with his ideas about how this should be done—it cannot be typical government information. It really is important. If we stopped focusing on legislation quite so much and focused on some of these other issues, we might actually make some progress.

I want also to support the noble Lord, Lord Howarth, in relation to the testing centres. Testing centres would be a very important adjunct if we were to have a more proportionate system where low-harm substances would be regulated, labelled and so on, as recommended by the European Commission and approved by the European Parliament. If we had a proportionate system like that, and had testing centres, a young person could go into a testing centre and ask whether a substance was low harm and okay to take. With a combination of a proportionate legal system, testing centres and really good information, we would begin to have a really good drugs policy. Would that not be wonderful? We could lead the world with such a policy.

Many Latin American countries talk about these things. They know just how bad the war on drugs can be. They know just how important it is for the demand end of the drugs market to be managed effectively in order to save them from tens of thousands of deaths a year, corruption, government failure and all the rest of it. It is absolutely disastrous across the Atlantic. In my view, we have a responsibility to ourselves and our young people but also to Latin America and central American countries.

I very strongly support what the noble Lord, Lord Howarth, said. I really hope that Ministers will take it very seriously and somehow link it with a proportionate, rational system of drug control.

[Lord Paddick (LD)]

My Lords, I support these amendments. However, I have some concerns. The first is, as has been previously mentioned, the limited forensic capacity that the Government and police have. Already the police service has to make rationing decisions as to which cases it refers to forensic laboratories. This Bill could create a massive increase in the amount of work that forensic laboratories would have to do.

Before we had new psychoactive substances and this Bill, the idea of websites that advised what was a safe dose of an illegal drug seemed somewhat contradictory, and there would have been some fairly stiff arguments against providing testing stations for drugs that are illegal to possess. However, as noble Lords will know, this Bill does not criminalise possession, and therefore does not make it illegal to take these substances. Therefore, the case for public information about safe dosage and having testing centres appears absolutely necessary if the Government are to continue to pursue this idea that simple possession for personal consumption of new psychoactive substances should remain legal.