Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015

Debate between Baroness Hamwee and Lord Colwyn

Tuesday 22nd December 2015 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the House will be grateful to the Minister for managing, just about, to get through that presentation. I have one question and one request for him. My question is about the progress of the Psychoactive Substances Bill. He mentioned that it would be enacted in the new year but it seems to have become a bit stranded in the House of Commons, and I wonder whether he has any more detail than that.

My request relates to a completely different matter. It comes from a conversation with colleagues just outside the Chamber during the previous debate. Next time the Minister does one of his amazing walks for charity, can he tell us, as we would like to support him? I do not know whether he is going to the North Pole or the South Pole over Christmas. I prefer to think of him sitting by a fire with a big box of chocolates but I do not think that is quite his style. However, we are so impressed by what he does during recesses, when most of us slob about, that we would at least like to support him in that way.

[Lord Colwyn (Con)]

My Lords, my remarks will be brief. I ask my noble friend, who has responsibility for steering the Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015 through your Lordships’ House, whether the Government have kept to their undertaking to ensure that the Psychoactive Substances Bill does not infringe the rights of UK herbal practitioners to supply unlicensed herbal medicines, as permitted under paragraphs (2), (6) and (9) of Regulation 3 of the Human Medicines Regulations 2012, No. 1916, dated 14 August 2012.

In an answer to the noble Lord, Lord Hunt, in July this year, my noble friend wrote:

“The Bill team is working with the … (Medicines and Healthcare Products Regulation Agency) to make sure that the Bill does not criminalise activities in relation to medicinal products which are currently lawful under medicines legislation. This includes the activity that Michael McIntyre refers to—namely herbal medicines that do not hold a … (Traditional Herbal Registration) but are prescribed by herbal practitioners on a named patient basis”.

I ask my noble friend whether the current draft of the Bill ensures the continued rights of UK herbalists to supply unlicensed herbal medicines on a named-patient basis, as he promised. If the legal highs Bill were enacted without making provision for herbal practitioners, it would mean that their work was criminalised, which of course would be an unmitigated disaster.