Psychoactive Substances

Jacob Rees-Mogg Excerpts

Monday 11th November 2013 Commons Chamber

[Mr William Cash (Stone) (Con)]

We have had an interesting exchange of views, resulting in the Government and the Opposition agreeing with the European Scrutiny Committee’s assessment that there is a breach of the principle of subsidiarity in these matters. There are two issues: the draft regulation and the draft directive, both of which have already been described, so there is no need for me to go into them in detail.

The draft regulation would fetter the flexibility that member states currently enjoy to determine the level of risk associated with a new psychoactive substance, and to implement appropriate national control measures. The draft directive, on the other hand, would require member states to introduce criminal sanctions for a new psychoactive substance deemed by the Commission to present a severe health, social and safety risk.

The draft reasoned opinion concludes that the proposed legislation breaches the principle of subsidiarity simply because it would fetter member states’ action to an unacceptable degree. It highlighted the following concerns: the absence of reliable market information on the volume of trade in new psychoactive substances for legitimate rather than recreational use; different cultural and societal attitudes towards the regulation of drugs and new psychoactive substances and the need to accommodate different regulatory approaches at national level; the limited scope for unilateral action by a member state when faced with evidence of social or health harms which exceed the level of risk identified by the Commission when implementing market restrictions; and insufficient evidence of disruption to legitimate trade, or displacement of the harmful effects of the new psychoactive substances, to warrant market intervention on the scale envisaged in the proposed measures or the imposition of additional constraints on members states’ freedom of action.

We have had a number of successes in the European Scrutiny Committee’s proposals for reasoned opinions: we debated the proposal for a European prosecutor’s office and last week it was withdrawn by the Commission, and the Monti II provision in relation to small and medium-sized businesses. We are making some progress. The reality, however, is that we still have to get a substantial number of member states to agree to our proposals on the reasoned opinion. We have a decent track record and will continue to argue the case on the basis of analysis, logic and common sense. Having said that, I do not think there is anything I need to do to repeat the remarks that have already been made, because the Government, the Opposition and the ESC all agree.

[Jacob Rees-Mogg (North East Somerset) (Con)]

From experience, does my hon. Friend agree that it is usually the most dangerous state of affairs when there is a consensus between my hon. Friend, Her Majesty’s Government and Her Majesty’s loyal Opposition?

[Mr Cash]

I would certainly agree that it is extremely dangerous when there is collusion between the two Front-Bench teams, but when the European Scrutiny Committee comes into the equation, I think it is a virtuous circle. I hope that that helps my hon. Friend.

--- Later in debate ---

[John Mann]

Thank you for your guidance, Madam Deputy Speaker. I am constructing an argument to demonstrate precisely how the European Union has got itself into this absurd situation of what might be called a caterpillar race between the European Commission and the British Government over who can be the slowest to deal with the problem of legal highs. Frankly, my constituents’ problem is that this Government are doing nothing—

[Jacob Rees-Mogg]

Will the hon. Gentleman give way?

[John Mann]

I dare not digress.

Like the Government, the European Union is doing nothing other than create an excuse for allowing the growth of legal highs without criminal sanctions. Some European Union countries think exactly the same way as this Government think. They are saying, “The more we create illegal drugs, the more criminality there will be; the less we spend on police, the more that criminality will grow, and the public will not like that.” That is the problem that the Minister should be addressing. I put it to him that he should go back to look at the origins of this proposal and withdraw the Government’s policy of going around these legalising countries to see what we can learn from them. Instead, he should be looking at the problems in areas like mine.

--- Later in debate ---

[Jacob Rees-Mogg]

I am so grateful to the hon. Gentleman for giving way in his brilliant speech, but I have a worry that he is confusing caterpillars with snails. It is snails that are notorious for their slowness, not caterpillars.

[John Mann]

rose—