Psychoactive Substances Bill [Lords]

Kit Malthouse Excerpts

Wednesday 20th January 2016 Commons Chamber

[Lyn Brown]

In speaking to new clause 2, I praise the work of my hon. Friend the Member for Barrow and Furness (John Woodcock) and the Local Government Association.

The powers in new clause 2 are comparable to the closure powers for premises that serve alcohol under the Licensing Act 2003. The new clause will provide a helpful interim power for local authorities when premises notices have been ignored. I do not see why we should treat outlets that are suspected of ignoring warnings to stop selling psychoactive substances any more gently than those that are believed to be selling alcohol illegally.

[Kit Malthouse (North West Hampshire) (Con)]

I rise to speak to amendments 2 and 3, which stand in my name. They deal with one small anomaly in the Bill and one more fundamental issue.

It is accepted in the Bill that the selling of psychoactive substances to children is a heinous crime that should attract an aggravated sentence. The Bill contains the aggravating factor of selling psychoactive substances outside a school, which will attract a stiffer sentence. However, there is a group of children who are more vulnerable than those who go to school and that is those who live in children’s homes. I am therefore seeking to make it an offence to sell these substances outside a children’s home.

I understand that the Government are keen to rely on sentencing guidelines to bring in these measures. However, that raises the question of whether we should have any aggravating factors at all. These provisions mirror exactly those in the Misuse of Drugs Act 1971. As far as I can see, that is the only reason why children’s homes are excluded from the Bill. I ask the Minister to consider the logic of including selling these substances outside a children’s home alongside selling them outside a school.

The second issue is more fundamental. I am seeking to make it an aggravated offence to sell these substances to anybody under 18. The law for the protection of children in this country is patchy, old and confused. In particular, it does not privilege children as a group against whom committing a crime is particularly serious. We privilege lots of other groups, including those with a religious faith, those of particular ethnicities and those of a particular sexuality. If a crime is committed against those people because of who they are, it is more serious in sentencing terms. Children are not among that group.

My amendments therefore seek to make the sale of psychoactive substances to anybody under 18 a more serious offence in the eyes of a judge and one that attracts a stiffer sentence. I am doing this in the hope that when any future criminal justice or sentencing Bill appears, the House will do what it did in 2012, when it made the transgender community an aggravated feature, as it is called, which means that any offence that is committed against them because of their particular characteristics attracts a similar sentence. I hope that we will do the same for children in future legislation.

It is about time that we focused on some of the very old children’s legislation and brought it up to date. The first step in doing so is to send a signal to the courts and the public in general that we see children as a group that is worthy of special protection.

Oral Answers to Questions

Kit Malthouse Excerpts

Tuesday 8th December 2015 Commons Chamber

[Andrew Selous]

These reforms give us the opportunity to bring down reoffending rates, which have been stubbornly high for a very long time. We are tracking the performance of the CRCs very closely and we will continue to do so, and in time I think we will see significant results from these reforms.

[Kit Malthouse (North West Hampshire) (Con)]

I recently wrote to the Lord Chancellor and received an uncharacteristically non-committal reply, unbelievable though that may seem. I therefore ask him again: does he believe the maximum tariff for child cruelty, which is set at 10 years, is too low, and will he use the upcoming criminal justice Bill to raise it to 14 years?

[Michael Gove]

Normally I like to give my hon. Friend satisfaction, but on this occasion I am afraid I will have to maintain the enigmatic prevarication that characterised my previous communication with him.

Oral Answers to Questions

Kit Malthouse Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Mike Penning]

We have extended the sentence from two to 10 years for driving without a licence or while suspended, and we continue to look at the sentences. At the end of the day, however, we must convince people to drive sensibly so that the highways are safer for all of us. The figures are dramatically down, but we are continuing to look at the sentencing regime.

[Kit Malthouse (North West Hampshire) (Con)]

One of the most effective disposals for repeat dangerous driving offences involving alcohol is compulsory sobriety. Following the highly successful pilot in Croydon and the Minister’s very welcome licensing of that disposal across the rest of the country, will he join me in encouraging police and crime commissioners to set up facilities to allow for compulsory sobriety, so that magistrates can make use of them, particularly when dealing with repeat drink-driving offences?

[Mike Penning]

I am aware of the scheme, and I discussed it with the Prime Minister only recently. I believe that one of the sobriety bracelets that are being used in Croydon is on the Prime Minister’s desk as we speak. I am encouraging PCCs around the country to push this measure forward, as it has been very successful. I congratulate those who are pushing it forward.

Psychoactive Substances Bill [Lords]

Kit Malthouse Excerpts

Monday 19th October 2015 Commons Chamber

[Mike Penning]

If the hon. Gentleman will bear with me, I will give way once I have finished this part of my speech.

The truth of the matter is that we will have an opportunity at Committee and on Report to look carefully at what the Home Affairs Committee has said and to see whether it can be used to improve the Bill.

[Kit Malthouse (North West Hampshire) (Con)]

The Minister mentioned amendments in the House of Lords and sentencing. He will know, because we have corresponded about this, that one of my concerns about this otherwise excellent Bill is to do with the statutory aggravating factors. At the moment, a person will receive a stiffer sentence if they sell outside a school, but not outside a children’s home. I urge the Minister to look at the amendment that was proposed in the House of Lords, encouraged by the Children’s Society. Also, given that the substances are very often targeted at young people—I have evidence in my own constituency of the drugs being used to lure young people into inappropriate sexual relationships—he might consider an amendment to make it a statutory aggravating factor to sell to anybody under the age of 18 so that it attracts a stiffer sentence. Will he consider that on Report?

[Mike Penning]

My hon. Friend is absolutely right; we have corresponded on this matter. I have looked carefully at what was said in the other place. The Sentencing Council will be responsible for the guidelines. I know that my hon. Friend and the Minister in the other place have agreed to write to the Sentencing Council, and I will do so as well. I will, if I may, keep a very open mind about this matter as we go through the Bill’s stages, particularly the Committee stage.

If we are to have a Sentencing Council, we need to use it in the way that it was designed. I know that there is an anomaly, but my view is that at the moment I will keep an open mind on the matter.

Assisted Dying (No. 2) Bill

Kit Malthouse Excerpts

Friday 11th September 2015 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

I shall keep my remarks short. I did not expect to be pitched, so early in my parliamentary career, into a conflict of morality, philosophy and the mundanity of legislation, but here we are. I have listened very carefully to many of the powerful speeches today, quite a lot of which, I am afraid to say, have been guilty of a cultural romanticisation of death. That is no surprise in a society in which many centuries of art, literature and religion have underlined that romanticism, creating a sense of nobility and grace about death. Even the murder and torture of Christ is referred to as the Passion. The reality for many people, of course, is nothing of the sort. It is anything but noble. The death bed is a place of misery, torture and degradation, a reign of blood, vomit and tears. It is often hard to see the compassion and the beauty in that.

The truth, as the hon. Member for Bristol South (Karin Smyth) said, is that the reality is already here. Doctors are hastening and helping people to their deaths every day. The Liverpool Care Pathway, and what remains of it, was about exactly that. Many people show up at hospital to find that awful acronym DNR hoisted above the bed of their relatives. The machines are turned off on a regular basis. As the hon. and learned Member for Holborn and St Pancras (Keir Starmer) underlined, the Rubicon has already been crossed with regards to compassionate assisted suicide. This is not something from which we in this House can shy away. As the hon. Lady has just said, we already have a business class carriage to a dignified death—if anyone has the money, they can go to Switzerland to achieve it. The reality is here and we should not abrogate our responsibilities to regulate, control or have some view on it.

A number of Members have raised questions about worth. I can understand and respect those with a religious belief who believe that the spark of life, however long and whatever the quality, is worth preserving. I would, however, ask people to question the notion of longevity versus quality. When my wife’s sister was in the final throes of breast cancer four years ago, my wife was very frustrated and angered by her unwillingness to participate in clinical trials. She had reached the end of her life and really did not want to prolong what had been an agonising and painful five years. She was focused on the quality of her life rather than on its longevity.

Finally, we have to start at the right end of the telescope in this argument. I am with my hon. Friend the Member for Reigate (Crispin Blunt) and the right hon. Member for North Norfolk (Norman Lamb) in believing we have to start with human rights. If we decide that someone else has dominion over my body when I am in extremis, in pain, in the final months of my life, the argument is settled and everything else becomes rhetorical. If we do not, it is for the House to find solutions to the problems that might emanate from that decision. That is why I will be supporting the Bill into its next stage. We need to have that debate to come to those decisions, if we decide that I have dominion over my body in the final stages of my life.