Psychoactive Substances Bill [HL]

Baroness Browning Excerpts

Tuesday 9th June 2015 Lords Chamber

[Baroness Browning (Con)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Hollins. I begin by paying tribute to the work that Norman Baker did at the Home Office in this area. For a very short while, I had responsibility at the Home Office for this policy area, and I can sense the frustration of many Home Office Ministers faced with trying to catch up. That is how it feels—you are running to catch up with something that is for ever disappearing over the horizon: the technology used in the manufacture of these drugs, which stays just a few steps ahead of the law not just in this country but worldwide. As legislators, it is very difficult to know just what to do to feel that you have at least got ahead of it.

This is a very important area. The expert panel whose report Mr Baker accepted,

“indicated that ‘after years of stable and declining drug use, the emergence of NPS has been a “game changer’””.

That is just how it feels: a game changer. What can we do? The panel considered the existing legislative response, including the use of the temporary class drug orders that I took through this House—it seems only yesterday but it was quite some time ago—inadequate to keep up with the challenge before us.

I hate the term “legal highs”. I always hated it. It is dangerous. The composition of these drugs is many and varied. A high percentage of them contain substances that have already been criminalised, or that could be dangerous if consumed by humans or even animals. Many contain pharmaceutical drugs, which normally a doctor would prescribe, that have been obtained illegally on the black market. They are marketed in attractive packaging under attractive names, but even then there is no guarantee that if you buy a particular product one week, what is in it will be in it again the following week.

And in some of those packages will be killers. We have talked about numbers today—we always come down to statistics—but, as many other Home Office Ministers have done, I have spoken to parents who have lost children and young people through legal highs and, whether the figure is 50, 60 or 100, one is too many. I understand that the latest figures up to 2013—perhaps the Minister will correct me if I have got this wrong—were 60 in England and Wales and another 60 in Scotland, where the figures are aggregated separately. These figures are going up all the time, as is the use of these drugs. The problem is not just deaths, though of course they are the worst thing. We know from surveys done in Scotland that the use of these drugs can lead to psychotic states and unpredictable behaviours, attendance at A&E—I hope the Minister can reassure Members of the House who have raised this issue, but I understand that since the Irish system was put in place they have noticed a reduction in A&E attendances—sudden increase in body temperature and heart rate, coma, risk to internal organs, confusion leading to aggression and violence and intense comedowns that can cause users to feel suicidal. As the Minister in the Commons, the right honourable Mike Penning, has said, this is Russian roulette.

This is what we are trying to deal with in this legislation. I hear from my noble friend Baroness Hollins, sat on my right, and from others around the House, concerns about some of the detail, but unless we can collectively agree to take this forward we will be left with a game of Russian roulette out on our streets, in the clubs and in the many social areas where many young people gather—the problem affects not just young people but it affects them in particular—and there is nothing worse for sullying a life chance than to take one of these drugs and get the wrong one.

I thought a very good point was made about how police officers are going to know whether or not the substance they are looking at is a legal high. I hope that as the Bill progresses, the Minister will reassure the House that this issue can be addressed in a way that gives the police the power to do the job they have to do without having to be involved in a lot of bureaucracy, and ensures that they know they are confident in what they are dealing with. We have to find solutions to these problems because, if we do not, we will have moved no further forward while all the time the technology and the wicked people out there are beating us all to it.

On a lighter note, I would like to make an aside. The noble Lord, Lord Howarth, and I have known each other for many years, although to my certain knowledge he has never given me any flowers. The noble Lord, Lord Paddick, also raised the question, which was quite new to me, of someone giving you a bouquet of flowers and their aroma somehow sending you into—I do not know what. I have received many flowers in my lifetime and have always taken a rather Constance Spry approach to them, worrying about how to arrange them, but they have never made me swoon. I say to the Minister, though, that I hope the Bill is not going to include chocolate. I am being facetious about a serious subject, although I have to say to noble Lords around the Chamber—and I am afraid it is mainly the gentlemen—that if they think to make a woman swoon they should give her a bunch of flowers, they are all on the wrong track. Men have tried for centuries to find out what will make women swoon and are still nowhere near finding out.

I agree with what has been said today about the need to address drug and alcohol abuse. We still do not put enough resources into dealing with this, and we do not reach the ultimate conclusion that I feel is the way forward. Following their treatment, we often just leave people at that point, but they need to be moved on from treatment to recovery. That takes much longer and requires a lot more resources, and it sometimes requires various innovative approaches.

I say to my noble friend that although I realise that the substance of the Bill is ultimately not about that, we are talking about drugs—substances that are potentially addictive. I hope that the Government will not forget that when people become addicted—whether to these sorts of substances or others—there are solutions; but it is about having the will to press on and push people to the point where a difference is made to their lives.

Other matters have been raised, such as the medical research implications. I have to say that I have not read in the paperwork available to the House that medical research will be impaired, but I hope that as the Bill progresses my noble friend will be able to reassure us on that. None of us wants the Bill to be so broad that it impairs genuine, legitimate medical research, but because of the nature of these psychoactive drugs, it has to be broad. Once you start narrowing it down, you lose momentum in dealing with the problem. I hope that my noble friend will reassure the House on that as we go through.

I welcome the Bill. It may not be perfect but it deals with a very difficult problem, and I wish it Godspeed in its passage through this House. I am sure that my noble friend will steer it through with the judgment and wisdom he has shown during the passage of previous legislation.