Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2014
Debate between Baroness Hamwee and Baroness Meacher(10 years, 5 months ago)
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Baroness Hamwee (LD)
My Lords, I have difficulties with both the substance of the order and the amendment. It seems that we may be in a world of policy-based evidence and an amendment that is being brought to the House because the Opposition are looking for something to object to without objecting to the ban itself. The matters identified in the amendment seem to be good reasons to oppose the ban, but the Opposition support it.
The ACMD not only recommended no change in the status of khat—that it not be controlled under the Misuse of Drugs Act—but set out a number of other recommendations dealing with local needs assessments; education and prevention initiatives; culturally specific and tailored treatment and recovery services; partnership working; addressing the problems through engagement and dialogue with the local community and interagency working; working through community safety partnerships; and regular monitoring and returns. It also made a specific recommendation about data to form the basis of future research. Those would themselves have formed a very good amendment, but that is not what is before us.
The ACMD was quite clear on the merits of the ban. The Secretary of State, on the other hand, seems to be saying—if I can summarise it—that since it is banned in the rest of the EU, it must be banned here. The ban was announced last July. Will the Minister tell the House what evidence there has been of the drug’s use since that announcement? Some time has now gone by. Indeed, it has been banned in the rest of the EU since January of last year, so if there are concerns, some of those might have come to light.
One of the reasons that we are given for the proposed ban is the risk of this country becoming a regional hub or a haven for criminals. I was interested to read some of the characteristics of khat, one of which is that it has a very short life. The active ingredient declines a couple of days after being picked; it needs to be fresh for it to have an effect. I have no doubt that the users of it, as consumers, are as demanding as consumers of most products, so is it a genuine concern that we would become a regional hub, if what might be distributed through the hub has, in fact, lost its efficacy by the time it is traded on?
The risks identified from a ban include the users moving towards more addictive, harmful and expensive substances; a black market; and organised crime stepping in to supply the drug and criminalising—inevitably—the users. I appreciate the proposals about applying an escalator to how offences are dealt with, but we would be criminalising users and suppliers, and we know that one crime leads to another.
Of course, I am aware that the Minister in the Commons and the Home Secretary, in her response to the Home Affairs Select Committee, have presented the matter as finely balanced, and that the communities where use is widespread are divided. Looking at the reports, I have been wondering how broadly women in those communities want a ban and men do not. I wonder whether that is rather simplistic reporting. I find it difficult to believe that a ban would instantly lead to such a considerable behavioural change and make model husbands of former users. I have my doubts about that. There is one view that clearly comes from the Somali community, and that is that they would prefer their children to use khat rather than alcohol or tobacco. The ACMD has reported that the use of khat has been decreasing over recent years.
In the Commons, there was very little discussion—nothing from the Minister, I believe—about the broader issues of drugs policy or the wider context, to which reference has just now been made, of the economy of Kenya and the potential instability and risks associated with that. I would be very wary of banning something of cultural significance, with the risk of driving a wedge between the police and the already quite marginalised communities. The references in the reports to the use of khat at weddings made me think of sugared almonds at weddings in some other traditions and how one might respond to any suggestion that that tradition be changed. In summary, I am not persuaded by the orders, but I am not persuaded by the amendment: I would leave the balance as it is.
Baroness Meacher (CB)
My Lords, I support the amendment to the decision of Home Secretary to ban khat under the Misuse of Drugs Act 1971, although I identify with the comments of the noble Baroness, Lady Hamwee, in relation to the amendment. There are very good reasons to oppose this ban. I make clear at the outset that if khat presented a serious health risk to users, I would support a ban on the importation and sale of the substance. On the other hand, we now have sufficient evidence to show that banning the possession and use of psychoactive substances—even dangerous ones—is counterproductive. Of course, the excessive use of khat by small groups of Somalis needs to be tackled; the question is how. We know that bans on possession and use delay treatment. They divert resources away from public health and education initiatives and into the criminal justice system. We also know that a criminal record is extremely damaging to anyone’s employment prospects. The criminalisation of these people will therefore tend to lead them to continue with their drug habit or—if they ever get away from it—to return to it. There are very severe and negative consequences of banning, particularly on the consumer side.
That is the evidence framework within which I have thought about the Home Secretary’s decision to ignore the advice of the ACMD and ban not only the supply but the possession and use of khat. This is a most serious decision for the communities involved, people principally from Somalia, Yemen and Ethiopia. The small but vociferous group of campaigners from Somalia believe that a ban on khat will get rid of the problems as they perceive them—social problems within families and so on. In reality, those using khat will continue using the substance at a vastly increased price. The Home Affairs Select Committee’s ninth report suggested that a hundredfold increase in price could be expected from a ban on khat. The khat user who continued to use khat would also risk, as I said, a criminal record. The alternative, to which other noble Lords have alluded, is that khat would be replaced by alcohol in particular. We know that alcohol is far more dangerous and would have all sorts all sorts of consequences that khat does not have. Either alternative, therefore, would be much worse than the status quo. I am not suggesting that the status quo is wonderful, but it is nothing like as serious as the possible consequences of a ban. The idea that the household would have more cash to spend on food is, sadly, a delusion. Some women might see their husbands spending £25 on khat and think, “I could do with that to buy some shoes for the kids”, but it is a little more complex than that.
The ACMD had clear, scientific reasons for advising the Home Secretary that,
“the evidence of harms associated with the use of khat is insufficient to justify control and it would be inappropriate and disproportionate to classify khat under the Misuse of Drugs Act 1971”.
These are very strong words from the ACMD and, particularly, a council led by Professor Leslie Iversen, whom I know quite well and who is a highly regarded scientist known for his incredible moderation, gentleness and so on. He is not a wild man; if he allows such words to go forward to the Government, we really need to take note.
The two central findings concern the medical and social harms, as others have indicated. The ACMD concludes that khat has no direct causal link to adverse medical effects, other than a small number of reports of an association between khat use and significant liver toxicity—a small number and an association. In scientific lingo, as we know, “association” simply means that the two things tend to happen alongside each other. There is no indication of a causal link between the use of khat and medical consequences. On the question of anecdotal evidence of social harms, the ACMD concludes that its research into these has found no robust evidence that demonstrates a causal link between khat consumption and any of the harms indicated.
Professor Iversen emphasised in his letter to the Home Secretary that the council’s recommendations were based on a rigorous and systematic process of evidence-gathering and subsequent analysis of what was submitted and presented to it. In other words, as I understand it, the recommendations should not be set aside other than for matters of serious national security or national interest. Now my understanding is that the main reasons for the Home Secretary’s decision have nothing to do with medical and social risks, and are twofold. First, as others mentioned, Sweden and the Netherlands in particular have banned khat and would find it helpful if the UK took the same step in order to avoid this “hub”. The noble Baroness, Lady Hamwee, dealt very effectively with that point, bearing in mind the very short life of the substances within khat that people are interested in.
The other issue raised, which I find utterly peculiar, is that there is some relationship between khat use and terrorism. That is quite remarkable. I will deal with the terrorism issue very quickly. A very small trade in a perfectly legal, low-cost substance in a few BME communities is just not a serious candidate for a terrorist threat or interest. Indeed, the ACMD was not provided with any evidence of al-Shabaab or any other terrorist group’s involvement in the export or sale of khat, despite consultation with the relevant national and international official bodies. I understand that the Home Secretary has claimed that the ACMD would not have been aware of these things. However, it was aware of the people who are aware of them—and consulted them. The fact that the ACMD picked up nothing in this area should be taken seriously. On the other hand, banning a substance such as khat and increasing its value a hundredfold or more really might interest terrorists. Even on that count, this ban could be—and could be expected to be—counterproductive.
The first question one must ask on the hub possibility is whether the bans in these other countries are working. There is apparently no evidence that they are, or that they are even helpful. I would not expect them to be helpful. The idea that we follow other people simply because they want us to seems a little wrong.
I want to put a proposal with respect to khat. The Government introduced temporary-class drug orders for the purpose of controlling new psychoactive substances. I will not go on for very long on this but I want to put it forward. I applaud the Government for their policy. Its great strength is that these TCDOs do not criminalise the possession and use of these drugs while the TCDO remains in place. However, it provides for the ban of production and sale of substances that may prove dangerous. These orders were designed to enable the ACMD to analyse new drugs and determine whether a full ban under the Misuse of Drugs Act 1971 could be justified. The only possible justification given by the Government and Home Secretary—I emphasise that—for a ban of khat concerns the supply of khat to other European countries or supply involving terrorists, not that that point needs to be taken seriously. An order along the lines of a TCDO, which avoided criminalising users of khat, would fulfil the Government’s objectives while avoiding unnecessary and severe consequences for the BME communities affected.
The 12-month review proposed in the amendment would then evaluate a narrower issue: the supply ban and, for example, the price increase and illegal activity that will inevitably result. The ACMD could do that work, its findings could be put to the Home Secretary and, if the supply ban was seen not to be in the national interest, it could be dropped. If the ACMD recommended education and preventive initiatives, tailored treatments and other social interventions could then be funded instead of that money going into the criminal justice system. There is an awful lot to be said for that approach. The ACMD thought about this very carefully and that is what it came up with.
The above proposition is relevant even at this stage, if I may say so. We know that some 40% of legislation is never implemented. It is surely possible for the Government to implement only the supply side of their ban and defer—I hope indefinitely—the implementation of the ban on possession and use of khat. Such a plan would enable a more focused 12-month review, as I have already mentioned. I hope the Minister will be willing to take this idea away, even at this late stage: a supply ban only could be introduced and then evaluated to see whether it should continue.
Anti-social Behaviour, Crime and Policing Bill
Debate between Baroness Hamwee and Baroness Meacher(10 years, 11 months ago)
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Baroness Meacher (CB)
My Lords, in speaking to Amendment 56NA, I commend the noble Baroness, Lady Smith, and the noble Lord, Lord Rosser, for tabling it. We need government and, indeed, all political parties to get together to try to create a safer world for our young people while new psychoactive substances are so readily available to them. The amendment has merit on two grounds: first, it seeks to remove these substances from the shop window, as one might put it, which has to be helpful; and secondly, a feature of the amendment is that it focuses exclusively on suppliers and does not seek to criminalise the users of these substances. Those are two important points in favour of the amendment.
However, we need to be aware of some of the potential problems with the amendment. My only qualification for speaking today is that I chaired the APPG inquiry into new psychoactive substances, which received evidence from all the major governmental and non-governmental organisations involved in this field, as well as academics and those working on the front line, who really understand the implications of policies and perhaps their ineffectuality. As a result of that work, I have a number of concerns.
The first is the absence of proportionality or logic in the proposal. We have to accept, albeit reluctantly, that a sizeable proportion of young people will use drugs that may harm them. Our aim must surely be to reduce the incidence of addiction to any dangerous drug and, in particular, to reduce addiction to the most dangerous drugs, whether legal or illegal. We also need to reduce as far as possible the risk of a young person having a single dose of a substance that can cause death or serious injury.
Our drug policies must face reality. We will not stamp out drug use through bans and punishment. Our only hope is to create a rational system which makes abundantly clear to our young people those substances that are seriously dangerous, those that cause medium harm and those with short-term and relatively mild ill effects. We have not even begun to go down the road of proportionality in our drugs policy and, unfortunately, this amendment does not adopt this essential principle. Some other countries have done so, with impressive results, and even the US is beginning to take steps in a rational direction.
My comments on this amendment reflect my increasing conviction of the need for proportionality in our drug policies, combined with extensive information, education, treatment and psychological support for those who need it. Only with such an approach will we have a chance to achieve a safer drugs policy.
We need young people to respect the law. If the law is an ass, young people will get round it or simply ignore it. The amendment does not offer a proportionate response to these substances. There is also a lack of logic in the amendment, if I may put it that way; for example,
“a herbal substance with the appearance of cannabis”,
would be banned under this amendment. Why those particular herbal substances? They may in fact present a far lower risk and be far preferable for the health of young people than legal drugs such as tobacco and alcohol, and certainly the many other drugs that are available.
The Angelus Foundation, the organisation behind this amendment, argues in its briefing that the ban should apply only to synthetic psychoactive substances. It accepts that head shops have sold a number of substances that are non-addictive, do not cause significant social problems or are mild in their effects. It rightly says that such substances should not be caught by this amendment. But why should synthetic substances of similarly low risk and lack of social consequences be banned? Young people will very quickly realise the inconsistency in the situation.
Turning to a different issue, I find myself in agreement with the Home Office concern that the amendment completely bypasses the ACMD—the Advisory Council on the Misuse of Drugs. That august body of scientists should be at the heart of drug policy-making, assessing risks and actually making decisions—if I had my way —on the classes of different drugs. If we had scientists making these decisions, we would arrive at a more sensible set of policies.
Another and quite different concern is that if this amendment were passed it might be seen as a solution to the problem of NPS. Of course, a proportion of these young people will immediately go to the web if they cannot get what they want from the local head shop, and that proportion could be very close to 100%. Young people know all about the web—far more than I do—and it would not take them many minutes to realise that that is all they have to do to get what they want.
A very different question is whether the authors of the amendment explored the implications for research of this measure. Already, serious psychopharmacological researchers are having incredible difficulty obtaining the substances they need to undertake their research.
Also, have those supporting the amendment considered its cost implications? Trading standards representatives who gave evidence to our APPG on Drug Policy Reform made clear that if they are to take responsibility for policing head shops, they will need money to do it. That money has to cover the testing of those substances. It is no good their picking up a substance from a head shop if they have no idea what it is and no money to test it.
In conclusion, I applaud Angelus for its untiring work to try to reduce the access of young people to dangerous psychoactive substances. I welcome the attempt to reduce the risks to our young people of NPS. Whatever is agreed on the amendment, I hope that all political parties will work together to achieve improved policies to deal with the considerable risks presented to our young people by new psychoactive substances.
Baroness Hamwee
My Lords, I well understand the concern expressed by the noble Lord, Lord Rosser. For instance, I recognise what I can think of only as collusion between sellers and buyers of substances labelled bath salts, plant food, and so on. The noble Baroness says that this is her only qualification—come on, it is some qualification. We are very lucky to have her explain her point so clearly and, to my mind, so persuasively. As she says, trading standards authorities are as concerned as everybody else and struggling to find a way to deal with this. Has the noble Lord had comments on the proposal from the Trading Standards Institute?
Like the noble Baroness, the points that occurred to me, which I will not repeat but simply support, are: is this risk-based, is it evidence-based, will it bring the law into disrepute, does it recognise the psychology of the consumer? Chemists in China will stay ahead of the game and will use the internet. Of course we have to be smart, but we have to be smart differently, not try to beat them in the way that they are working.
Children and Families Bill
Debate between Baroness Hamwee and Baroness Meacher(11 years ago)
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Baroness Hamwee
My Lords, the noble and learned Baroness says that the judges would cope with Section 1 of the 1989 Act being amended by this but I do not think we want to wait for a judicial review as to exactly what would be meant if the new words were inserted in Section 1. If they were inserted in the form that we have in Clause 11, we would have Section 1(1) saying that welfare shall be the court’s paramount consideration—if that is not a presumption, I am even more concerned about it; then Section 1(2) saying that in dealing with delay the court shall have regard to that general principle; and then proposed new subsection 2A referring to presumption unless the contrary is shown.
I have never practised in this area so maybe it does not matter, but I am very unclear as to how weighty the contrary needs to be. To put it in different terms, are we talking about the contrary shown on a balance of probabilities or beyond reasonable doubt? The noble and learned Baroness has those words in her amendment, to which I and my noble friend Lady Walmsley, who is not in her place, have added our names. I do not think they would have the same difficulty when tied to having particular regard as they would to a presumption. I become more and more confused as to what Clause 11 means by a presumption unless the contrary is shown. A presumption is a presumption.
Baroness Meacher (CB)
My Lords, I rise with some trepidation to speak very briefly to Amendments 54 and 55. I welcome the comments of the noble Baroness, Lady Hughes, and the noble Earl, Lord Listowel, who both recognise that there are times when fathers are locked out of contact with their children. I applaud the Government for recognising that the involvement of both parents in a child’s life, all things being equal, will further the child’s welfare. No one would question that the child’s welfare has been and must continue to be of paramount importance. There is no question about that, but there have been times when that has been lost and the feeling has been that as long as a child has a mother, perhaps that is okay. That is my concern. I fully recognise what my noble and learned friend Lady Butler-Sloss said about the research. I am not suggesting here that there have been wholesale miscarriages of justice but every single miscarriage of justice in terms of parenting one’s own children is a personal tragedy and we therefore need to take these things extremely seriously.
This is being made worse in the modern world because fathers are often intimately involved in their child’s upbringing from birth. In my day it did not happen. Father was a long way away for quite a long time so the big bonding went on with mother, not with father. Often parents are genuinely sharing the parental role. At times a father will be the primary carer—I cannot remember fathers being primary carers in my day—or maybe a better parent than the mother. On occasions a mother may be neglectful, selfish and unloving. They may even emotionally abuse their child. Of course, all these things can apply to fathers, except that fathers, instead of emotionally abusing their child, will tend to hit out. That has been one of the big problems in decision-making on parenting, separation and childcare. As a former social worker, I can say that we found it quite easy to see a bump on someone’s head but found it very difficult to identify and to codify emotional abuse of children.