Police Reform and Social Responsibility Bill

Baroness Meacher Excerpts

Thursday 14th July 2011 Lords Chamber

Moved by

[Baroness Meacher]

307ZB: Clause 153, page 102, line 6, after “for” insert “permanent or”

[Baroness Meacher]

I rise to move Amendment 307ZB and to speak to Amendments 307ZC and 307ZE, which together seek to provide some flexibility for the Government in deciding how best to regulate the use and supply of so-called legal highs. The noble Lord, Lord Norton, has asked me to inform the House that he had requested the Public Bill Office to add his name to these amendments, and the absence of his name from the Marshalled List is purely an administrative error. These amendments are similar, although not identical, to those tabled in Committee. They now refer to the medicines Acts, consumer protection and advertising standards legislation, all of which provide legislative frameworks within which it would be possible for legal highs to be controlled.

As the Minister knows, I am not seeking to tie the hands of the Government—quite the opposite. A great deal of work needs to be done, and indeed is being done, to explore the best ways to control these substances. What I am seeking is flexibility in this legislation so that when the analysis of the various legislative frameworks and their potential application in this field has been completed, the controls could be put in place without waiting for further legislation. We all know how long that can take.

I am anxious that the Government avoid a repeat of the mistakes of the past. In Committee, I set out briefly the appalling consequences of the war on drugs, which has been pursued by this country and across the world for 50 years. From the Global Commission on Drug Policy report, we know that a rapidly growing number of highly respected world leaders and opinion formers now recognise that we need to end the criminalisation of young people and focus on evidence-based, health-oriented policies. The amendments are consistent with the growing policy consensus across the globe.

On the thrust of my amendments, we know that some of the substances referred to as legal highs are potentially very dangerous to the health of young people. We also suspect that other substances may be less dangerous than cigarettes and alcohol. It would be most unhelpful if these substances were to be dealt with in the same way. It would be particularly unhelpful if they were dealt with under the Misuse of Drugs Act 1971, which, as your Lordships know, criminalises users as well as suppliers. As the Bill stands, that is the assumption, albeit that under the temporary ban in the initial stages users will not be targeted. The assumption is that, if these substances are brought under the Misuse of Drugs Act, users will inevitably be targeted over time, as they are under that Act in respect of other drugs.

I welcome the Government’s focus on treatment of problem drug use. This focus makes it clear that the Government accept that it is a health problem—certainly, drug abuse is. On this assumption, the priority for us all in developing drugs policy is to try to ensure that young people avoid the substances and the associated health problems if at all possible. This means having clear messages about the relative risk of different substances and the provision of health treatment as well as social support for all those who need it.

I welcomed the Minister’s comments on the amendment of the noble Baroness, Lady Finlay, where she talked about the importance of a rounded and holistic approach to drug addiction. The Minister referred to different departments being brought together to provide that support. As the Minister knows, I have drawn attention to the Swiss model, which, instead of trying to get a whole lot of different departments to work together, which we know is extraordinarily difficult, brings all those services under a single umbrella, providing an extraordinarily effective service—health and social support, benefits and the rest of it—so that they achieve a two-thirds success rate over 18 months.

As important as all that is the separation of the markets for these legal highs between the markets for the really dangerous substances and those for substances which are much less dangerous. That is the fundamental point of my amendment. If there is a single market and a single set of traffickers, young and vulnerable people move inevitably from one drug to another.

On giving clear messages about the relative risks of different drugs, we know that the classification system of the Misuse of Drugs Act does not work. When cannabis was moved from class B to class C and back again from class C to class B, the trends in the use of cannabis did not change very much—the fact is, young people do not really understand the classification system. By contrast, the tobacco controls have been really rather effective over time. Tobacco and alcohol are just two substances controlled outside the Misuse of Drugs Act. There is no reason why substances should be controlled under that legislation. Solvents are controlled through the Intoxicating Substances (Supply) Act; medicines legislation has been used in a number of countries for controlling methadrone—for example, in the Netherlands and Finland—and for controlling Spice in Austria.

The controls referred to in my amendments could allow the authorities to direct users towards relatively less harmful substances as substitutes for the much more harmful ones. They also provide an opportunity to introduce controls that are not feasible under the Misuse of Drugs Act, including age restrictions, controls on marketing and packaging and requirements that substances are sold with information on dosage levels and adverse effects. All of that would be extraordinarily helpful for vulnerable young people. Sale could be limited to a relatively small number of establishments, unlike the liberal policy we have for alcohol and tobacco.

Controls are not by any means the whole story; we want prevention, too. The best preventive measures include sensitive support in school, or in other venues where young people congregate, for children who are readily identified as underperforming, alienated and unhappy. These are the children at risk of being enticed into the taking of synthetic drugs and who, once enticed, will be vulnerable to a dependence on those drugs. If they fall into the drug addiction trap, the most destructive response to these vulnerable young children is to criminalise them. As they say, you can recover from drug addiction but you can never recover from a criminal conviction. With a criminal conviction, the child’s life is in pieces; family, friends, education and hope of employment are all in tatters. It is for these reasons that I implore the Minister to do all that she can to ensure that the regulation of legal highs is undertaken in such a way as to avoid criminalising children and young people if at all possible.

If we are now too late to take this action within the Bill, I would be greatly encouraged if the Minister could give the House her assurance that she will be asking her officials to begin work without delay on the necessary legislation to achieve these objectives. I beg to move.

[Lord Judd]

My Lords, I congratulate the noble Baroness on having brought back these amendments on Report. I hope the Minister will be able to give a sympathetic and positive response.

I was impressed by what the Minister said in a previous debate today—there was a great deal of personal conviction behind what she said—and her insistence on the importance of not only treatment but of cure. If that applies as a governing principle in the sphere of alcohol abuse and the much more serious social consequences that that has, why not have the same approach at the centre of the Government’s policy on drugs?

If we are to get the response to drugs right—the noble Baroness was right to emphasise this—two principles are absolutely essential. First, any action which is taken should be based not on emotion, instinct or control concern but on evidence-based outcomes of thorough research. Any moves or legislative arrangements that are not properly researched can do far more harm than good. That is the first point.

The second, absolutely crucial, point is the one made by the noble Baroness about criminalisation. One certain way to make it more difficult to rescue the young from drug addiction is this excessive tendency towards their criminalisation. We have to realise that it is not a soft approach but a hard-headed one. Very often drug addiction is a symptom of victimisation: the drug takers are often victims themselves in one way or another. I am greatly impressed by the increasing amount of research which is now being undertaken which suggests that the most important factor in leading young people and others into drug abuse is the environment, social conditions and so on of which they find themselves a part.

The Minister rightly referred to culture and about wanting to change it. I have a tremendous sense of awe at the responsibilities faced by the Home Office in so many spheres. Many good and dedicated people work in the Home Office but it would be right to adopt a cultural approach there which puts rehabilitation and not only control at the top of the agenda. I am afraid that the proposals in the Bill before us do not make it absolutely clear that the rehabilitation argument, and the resistance to taking action which drives people further into the problem, should prevail.

[Baroness Browning]

My Lords, I commend the noble Baroness, Lady Meacher, for ensuring that we keep an open mind and consider all options available to best respond to the threat of new psychoactive substances—sometimes referred to as legal highs—which are specifically designed to get around existing legislation.

As I explained in Committee, the temporary class drug orders will constitute a UK legislative response that is appropriate to the immediate threat that a new drug poses while its nature is still in question. As the noble Baroness is aware, some of these new substances present harms equivalent to those from class A and class B drug use. In these circumstances, the appropriate response is to disrupt the supply chain and protect the public as a priority while giving the Advisory Council on the Misuse of Drugs time to consider evidence of a drug and its harms. The proposals before the House will help us achieve that aim. Of course, our response to both the general issue and individual new substances must be both preventive and proportionate.

These amendments seek to ensure that the Government amend and consider alternative legislation to tackle the threat of new psychoactive substances, alongside control under the Misuse of Drugs Act 1971. We are keen to see all existing legislation used to curb the availability of these substances, though not as a substitute regime for harmful drugs whose proper place is under control under the 1971 Act. The UK needs a legislative response that is appropriate to the immediate threat that a new drug poses when there is evidence that its harms are commensurate with class A or class B drug use. Temporary class drug orders will provide a preventive and proportionate response to the threat posed by disrupting the supply chain and protecting the public as a priority while giving the ACMD time to assess the drug and its harms.

On the point made by the noble Lord, Lord Judd, the noble Baroness will of course be aware that in bringing in these temporary orders while a substance is evaluated, we are not in any way criminalising the user. I also draw noble Lords’ attention to Section 1(2) of the 1971 Act by which the Advisory Council on the Misuse of Drugs already has the remit to provide,

“advice on measures (whether or not involving alteration of law) which in the opinion of the Council ought to be taken for preventing the misuse of such drugs”.

We will not prejudge the advice that the ACMD is preparing, including its thematic advice on new psychoactive substances.

On government Amendments 307C and 307D, the Government have always been committed to proper scrutiny of our drugs laws. We accept the recommendation of this House’s Delegated Powers and Regulatory Reform Committee that the affirmative procedure is preferred while still enabling us to take swift action against the threat of a new psychoactive substance throughout the year. The advice sometimes comes forward very quickly and there are periods when the House is in long Recess through the summer. The amendments take account of the concerns of the House’s committee but at the same time ensure that we are not tardy with the harms that we are notified of by the ACMD. To remain in force, a temporary class drug order will need to have been approved in both Houses within 40 sitting days.

I am sorry that I cannot accept the noble Baroness’s amendments. I would be very concerned that we would potentially deal with psychoactive substances which would ultimately fall within the class A or class B category. Notwithstanding that, it is up to the ACMD to offer the Government alternative advice as to other routes if it felt that was appropriate. On that basis, I ask the noble Lords to withdraw their amendments.

[Baroness Meacher]

I am grateful for the Minister’s response. I am not at all clear how she envisages the less dangerous substances should be regulated. I am not at all clear that this can be done under current legislation other than through the Misuse of Drugs Act. That is the concern reflected in these amendments. I believe that there is no alternative as the Bill stands, so I wonder whether the Minister could respond to that point.

[Baroness Browning]

I am very happy to write to the noble Baroness. As I explained, the ACMD in making its recommendations to the Government is able to indicate any routes that it thinks that the Government should take. I am very happy to explore that with her. We are awaiting a report from the ACMD on these new psychoactive substances, and it may well be that that will inform the Government better as to the range of options available to us.

[Baroness Meacher]

I thank the Minister for that response. My understanding is that in fact there will be a need for further legislation and it is my concern that the Government do all they can to take steps to prepare for that so that there is no gap or delay before these substances can be appropriately controlled through regulatory mechanisms other than the Misuse of Drugs Act. But with that point made, I beg leave to withdraw my amendment.

Amendment 307ZB withdrawn.