Lord Bates
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Psychoactive Substances Bill [HL]
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The Minister of State, Home Office (Lord Bates) (Con)
My Lords, I beg to move that this House agree with the Commons in their Amendment 1.
Noble Lords will recall the debate on Report in this House on 14 July, on the use of psychoactive substances in prisons. The noble Lord, Lord Rosser, then argued that the supply of psychoactive substances in prisons was of such concern that it should be made a statutory aggravating factor under Clause 6 of the Bill.
In response, I recognised that the use of psychoactive substances by prisoners represented a significant challenge to the welfare of prisoners and the safe and secure management of prisons. While expressing sympathy for the noble Lord’s amendment, I argued that the promulgation of further aggravating factors was properly a matter for the Sentencing Council. That being the case, I undertook to write to the Sentencing Council to draw its attention to the debate, which the Minister for Policing, Fire and Criminal Justice and Victims has now done. I also argued that it would be worth looking at alternative ways of addressing this problem, including introducing an offence of possession of a psychoactive substance in prison. Your Lordships’ House was not persuaded that these undertakings went far enough and consequently agreed the amendment put forward by the Opposition.
Having reflected on the debate on Report, the Government are content that the supply of, or an offer to supply, a psychoactive substance in prison should be treated as a statutory aggravating factor. Commons Amendment 5 therefore simply makes drafting improvements to the amendment passed by this House in July. Specifically, the amendment replaces the reference to “prison premises” with the term “custodial institution” and then defines this term to include adult prisons and their juvenile equivalents, service custody premises and immigration detention accommodation. Immigration detention centres are not, of course, penal institutions, hence the adoption of the term “custodial institution” as an alternative to the reference to prison premises.
Commons Amendment 6 brings forward subsection (9) of Clause 6 and simply improves the logical flow of the clause.
As I indicated in July, the Government were giving separate consideration to the case for including in the Bill an offence of possession of a psychoactive substance in a custodial institution. The case for this is essentially the same as the one set out by the noble Lord, Lord Rosser, when he put forward his amendment to Clause 6. The presence of psychoactive substances in prisons is a destructive and growing problem. The use of psychoactive substances—now the drugs of choice among prisoners—has been linked to mental health problems and disturbed behaviour by prisoners, including violence. It is having an increasingly destructive impact on security and order in prisons and on the welfare of individual prisoners. In a bulletin published in July, the Prisons and Probation Ombudsman identified 19 deaths in prison between April 2012 and September 2014 where the prisoner was known, or strongly suspected, to have been using psychoactive substances before their death.
Control and order are fundamental foundations of prison life. Without them, staff, prisoner and visitor safety cannot be guaranteed and the rehabilitation of prisoners cannot take place. We have already introduced a number of measures to tackle the use of psychoactive substances in prisons. These include training of specialist dog teams to search and detect synthetic drugs in prisons in England and Wales; searching cells for hidden drugs; patrolling prison perimeters; and searching visitors to prevent drugs from being smuggled in. More than 120 dogs have now received special training in psychoactive substance detection and we will have trained more than 300 dogs by the end of the calendar year. Other measures include a major push on prison communications to make sure that offenders are aware of the consequences of taking psychoactive substances —as are visitors who attempt to bring them in—and the introduction of new drug tests in the coming months to identify prisoners using psychoactive substances.
Nonetheless, the use of psychoactive substances remains significant and pervasive in prisons. A possession offence in prison—as provided for in Commons Amendment 9—will enable the police and Crown Prosecution Service to pursue cases where prisoners, visitors or staff are found with small quantities of psychoactive substances in prisons. The introduction of such an offence will support our stance that the use of psychoactive substances in prison is not to be tolerated.
Many instances of simple possession by prisoners can often effectively be dealt with by the internal prison disciplinary service. Where joint working between prisons and the police identifies a particular problem with psychoactive substances in a prison, a prison possession offence could be used very effectively and might just deter some of those involved. Under the Misuse of Drugs Act 1971, possession offences quite properly attract lower maximum sentences compared with production, supply and importation offences, and so it is here. While the offences in Clauses 4 to 8 of the Bill have a maximum penalty of seven years’ imprisonment, Commons Amendment 10 to Clause 9 provides for a maximum penalty for this new offence of two years’ imprisonment. Commons Amendments 1, 21, 22, 27, 31 and 34 to 37 are consequential on Commons Amendment 9. General possession of a psychoactive substance in the community will continue to not be a criminal offence. This reflects the recommendation of the expert panel that the focus of the legislation should be on tackling the trade in psychoactive substances, but as I have set out, the problems caused by the use of psychoactive substances in prisons are such as to justify a targeted possession offence that applies only in the context of possession in prisons or other custodial institutions.
The Government have listened to the arguments put forward by this House for strengthening the Bill to tackle the particular harms caused by the use of psychoactive substances in prisons and other custodial institutions. Having pressed for such strengthening of the Bill, the House will, I am sure, join me in welcoming these Commons amendments.
Lord Ramsbotham (CB)
My Lords, I warmly endorse all that the noble Lord, Lord Rosser, has said. One aspect of Amendment 9 that the Minister mentioned was that a number of improvements were being made in prisons to the detection of new psychoactive substances. I should like to refer particularly to a very powerful report published last month by the Chief Inspector of Prisons on the use of new psychoactive substances. He said:
“Drug misuse is a serious threat to the security of the prison system, the health of individual prisoners and the safety of prisoners and staff”,
but the new psychoactive substances are an even more serious offence and,
“are now the most serious threat to the safety and security of the prison system”.
Because dealing with the new psychoactive substances—searching for them and so on—was so patchy in the Prison Service, the Chief Inspector of Prisons recommended:
“The Prison Service should improve its response to current levels and types of drug misuse in prisons and ensure that its structures enable it to respond quickly and flexibly to the next trend”.
I will mention the next trend before I conclude. The chief inspector recommended:
“A national committee should be established, chaired by the Prisons Minister, with a membership of relevant operational experts from the public and private prison sectors, health services, law enforcement, substance misuse services and other relevant experts. The committee should be tasked to produce and publish an annual assessment of all aspects of drug use in prisons, based on all the available evidence and intelligence, and produce and keep under review a national prison drugs strategy”.
If that annual report was required, it would, of course, cover the possession mentioned in the amendment that we are discussing, but I am particularly concerned that, in briefing the cross-party group on criminal justice, drugs and alcohol that I chair, the chief inspector mentioned the next trend causing him and his inspectors even more worry, which was the introduction of powdered alcohol. Therefore, we must have a system in place that monitors trends as well as current practices. I ask the Minister: what is happening about the establishment of such a national committee?
Lord Bates
My Lords, I thank the noble Lord, Lord Rosser, for his welcome of the amendment and other noble Lords who have spoken in favour of it. It is important.
The noble Lord asked a number of questions on whether the offence will apply only to prisoners. This is an important point to address to the noble Baroness, Lady Hamwee. The new offence will apply to all persons in possession of a psychoactive substance in prison. It is not particularly targeting prisoners themselves, so it could include visitors—or staff, for that matter—who possess these new psychoactive substances.
The noble Lord asked what pressure had come for this. Pressure came from a number of sources, including those that argued in favour of his amendment last July. Although it was not originally one such pressure, the noble Lord, Lord Ramsbotham, has brought to the fore the impressive and disturbing report of Her Majesty’s Chief Inspector of Prisons, called Changing Patterns of Substance Misuse in Adult Prisons and Service Responses, from December 2015. As the noble Lord has quoted, the chief inspector has said that new psychoactive substances,
“have created significant additional harm and are now the most serious threat to the safety and security of the prison system that our inspections identify”.
The noble Lord is absolutely right to identify this. I spoke in my introductory remarks about the additional dogs being trained for inspections, but it is right—the noble Lord, Lord Rosser, asked for this—that there should be a major push on prison communications to ensure that offenders are aware of the consequences of taking psychoactive substances, as are visitors attempting to bring them in. New drug tests are also being developed in this area.
I know that it was slightly ingenious to bring poppers into this group. I had prepared some remarks to address that in the second group of amendments. If noble Lords will allow me, I will address my remarks in that setting, lest I duplicate them.
On the prison drugs strategy, the idea that the noble Lord, Lord Ramsbotham, suggests is very interesting. While I cannot give a firm undertaking today, I would want to speak to the Prisons Minister, Andrew Selous, about this suggestion. I will get back to the noble Lord on whether a national committee could do this. Again, we are conscious of the constantly changing nature of this. In many ways, that was the argument for the blanket ban on psychoactive substances, rather than the whack-a-mole situation we were in before, where new things popped up as other things were outlawed.
With those comments and promises to get back to noble Lords on specific points of interest and to address further concerns in the next group, I beg to move.
(Exceptions to offences) (exceptions to offences).”
Lord Bates
My Lords, in drafting this Bill, we have adopted a similar approach to that taken by the Republic of Ireland’s Criminal Justice (Psychoactive Substances) Act 2010; namely, setting out a broad definition of a psychoactive substance and then circumscribing it with a robust set of exemptions to narrow the Bill’s scope. The current list of exempted substances in Schedule 1 includes substances controlled through existing legislation, such as alcohol, tobacco and nicotine, medicinal products and controlled drugs, and substances where psychoactive effects are negligible, such as caffeine and foodstuffs.
I am delighted to see my noble friend Lady Chisholm of Owlpen in her place with me on the Front Bench. During the Bill’s passage through this House, my noble friend responded to amendments tabled by the noble Baroness, Lady Meacher, and the noble Lord, Lord Rosser, and agreed that we should look again at the drafting of the Bill with a view to strengthening the exemptions for medicinal products and research. As my noble friend Lady Chisholm made clear on Report in July, the Government have no intention through this Bill of fettering the discretion of clinicians to prescribe or direct the supply of substances which, in their clinical judgment, meet the needs of their patients. My noble friend also made it clear that we have no intention of constraining bona fide scientific research. This Government attach the highest priority to research and are committed to removing—or not putting in place—unnecessary regulatory barriers that impede that research in the UK.
During the summer, the Home Office worked closely with a range of public and private organisations to address both points, and I am confident that the new formulation put forward in these Commons amendments effectively responds to the issue and ensures that we have a robust list of exemptions.
Let me deal first with the definition of a medicinal product in Schedule 1 to the Bill. One concern put to us by the noble Baroness, Lady Meacher, was that the definition did not cover so-called “specials”; that is, products which are used in healthcare but have no marketing authorisation. These products have been manufactured or imported, to the order of a doctor and certain other medical practitioners, specifically for the treatment of individual patients to meet their special clinical need.
It is not our intention that medicinal products regulated under the framework provided for in the Human Medicines Regulations 2012 should be caught by this Bill. In defining a medicinal product by reference to a product with certain types of marketing authorisation, we were, on reflection, not casting the net widely enough. Commons Amendment 41 properly aligns the Bill with the regulatory framework for medicines. The Home Office worked closely with the Department of Health and the Medicines and Healthcare Products Regulatory Agency during the summer to revise this exemption.
Following careful consideration, Commons Amendment 41 uses the definition of a “medicinal product” as defined in Regulation 2 of the Human Medicines Regulations 2012. This would mean that any substance which falls within the following definition would be caught by the exemption and so would be outside the scope of the Bill:
“(a) any substance … presented as having properties of preventing or treating disease in human beings; or … (b) any substance … that may be used by or administered to human beings with a view to … (i) restoring, correcting or modifying a physiological function by exerting a pharmacological, immunological or metabolic action, or … (ii) making a medical diagnosis.”.
The Human Medicines Regulations consolidate the law of the United Kingdom concerning medicinal products for human use, including their authorisation, manufacture, distribution, importation and sale. I can assure noble Lords that we are satisfied that this revised definition covers all medicinal products that are approved for use in the UK. This definition includes investigational medicinal products, homeopathic medicinal products and traditional herbal medicines. That being the case, we can dispense with paragraphs 3 to 5 of Schedule 1, and Commons Amendment 42 removes them accordingly.
The Medicines and Healthcare Products Regulatory Agency will remain the body which regulates activity in relation to medicinal products, whether they are authorised or not, and these amendments and the Bill will not encroach on that. The MHRA is already called upon to determine whether a product meets the definition of a “medicinal product”. This will be an important role going forward to assist with ensuring that the exemption for medicinal products is relied on only in appropriate cases. Our approach will ensure that the regulatory frameworks for psychoactive substances and human medicines complement rather than overlap each other and ensure that the public are properly protected for medicinal and non-medicinal psychoactive substances.
Having dealt with the changes to the list of exempted substances, I now turn to exempted activities. Commons Amendment 11 provides that it would not be an offence under the Bill for a person to produce, supply, offer to supply, possess with intent to supply, import or export, or possess in a custodian institution a psychoactive substance if, in the circumstances in which it is carried by that person, the activity is an exempted activity. Commons Amendment 43 then sets out the list of exempted activities. These fall into two categories. The first exempts legitimate activities of healthcare professionals, while the second covers research. I will explain both in turn.
The exemption for healthcare-related activities will cover healthcare professionals acting in the course of their profession, and ensures that the Bill will not fetter their discretion as clinicians. At the moment a healthcare professional is free to prescribe or direct the supply of any psychoactive substance that is not a medicinal product as defined by the Human Medicines Regulations if, in their clinical judgment, this is in the best interests of the patient. While we do not have specific examples of such substances in mind, we wish to ensure that the Bill does not fetter clinicians’ freedom in this regard.
Commons Amendment 11 will ensure that, either now or in the future, a healthcare professional will not be hindered in offering treatment which in their clinical judgment is right for their patient. There are separate rules, in particular in relation to controlled drugs, which govern which substances a healthcare practitioner can and cannot prescribe which are unaffected by this exemption.
We have defined a “health care professional” using the existing definition in Regulation 8 of the Human Medicines Regulations 2012. This definition includes a doctor, dentist, pharmacist, nurse and midwife among others. The exemption also extends to people who supply substances to patients in accordance with a prescription issued by a healthcare professional, or at their direction.
Turning to research, while the inclusion of investigational medicinal products in Schedule 1 signalled our intention to exempt research activity, the Government recognise that the exemption fell short of what was required and, as such, failed to cover all research which could be caught by the Bill. I am grateful to the Academy of Medical Sciences and to noble Lords for raising this issue. The Home Office has reconsidered this issue and, after consulting the Department for Business, Innovation and Skills, the Department of Health, the Health Research Authority, the Government Office for Science, the Academy of Medical Sciences, the Association of the British Pharmaceutical Industry and the devolved Administrations, we have identified a revised approach.
Given that a wide range of bodies might undertake relevant research, our approach has been to frame the exemption around research which has received appropriate ethical approval from an ethics review body. We understand that all research which will be caught by the Bill should receive such approval. We have discussed this approach with the Academy of Medical Sciences and others in the research community, who are content with our approach.
All research that is approved by one of the Health Research Authority’s research ethics committees will be exempted and, as the Health Research Authority’s remit covers health and social care research, we expect that this will be a major mechanism for the exemption of research. We acknowledge the possibility of research in fields other than health and social care and, for that reason, the exemption will also cover all research approved by: an ethics committee constituted by a government department; an NHS body; a research institute, including universities; or a charity which is concerned with advancing health or saving lives.
These mechanisms for ethical approval are already in place and the Government believe that any research involving the consumption of a psychoactive substance by a human should be considered by an ethics committee, not least to give due regard to the safety of the research’s participants. From our discussions with the research community over the summer, we have not been able to identify any example of in-scope research which has not been considered by an ethics body, so this exemption should not create any additional bureaucracy for the research community, nor require bona fide researchers to do anything they do not already do. We are just conscious not to create a loophole which allows head shops and others to undertake so-called research to facilitate the supply of these substances. It is worth putting on record again that a considerable amount of scientific research falls outside the scope of the Bill in any case. Only research involving the consumption of a psychoactive substance by a person would be caught.
Commons Amendment 11 includes a power to add to or vary the list of exempted activities in the new schedule inserted by Commons Amendment 43. This regulation-making power effectively replaces that in Clause 10, so Commons Amendment 12 omits that clause. Commons Amendments 2 to 4, 7, 8, 13, 29, 30 and 38 are all consequential on Commons Amendments 11 and 43.
I was asked about poppers. The Government recognise that representations have been made to the effect that poppers have a beneficial health and relationship effect. In consultation with the Department of Health and the Medicines and Healthcare Products Regulatory Agency—the MHRA—the Home Office will therefore consider, following the enactment of the Bill and before the Summer Recess, whether there is evidence to support these claims and, if so, whether it is sufficient to justify exempting the alkyl nitrites group, or individual substances in that group. Clause 3 enables the Home Secretary, by regulations—after statutory consultation with the Advisory Council on the Misuse of Drugs and subject to the affirmative procedure—to add to the list of exempted substances in Schedule 1 to the Bill.
Finally, I thank all those in the medical and research community, as well as those in government departments and this House, who assisted us over the summer in drafting these amendments. I now believe that we have a strong exemption list which meets the guiding principle. I beg to move.
Lord Rosser
I thank the noble Lord for his very full and thorough explanation of the purpose and intention of this group of amendments. As the Minister has said, the intention of this group is to address concerns expressed by ourselves and other noble Lords, including the noble Baroness, Lady Meacher, during the Bill’s passage in this House, that healthcare activities and scientific medical research relating to new psychoactive substances were not adequately protected in the Bill. The amendments insert a new clause and schedule to provide for exemptions to the offences under Clauses 4 to 8 of the Bill and the new possession offence which has just been discussed. As the Minister said, these exemptions are for activities carried out by healthcare professionals and for approved scientific research activity. The Government’s amendments also confer on the Secretary of State the power, through regulations subject to the affirmative procedure, to add to or vary any activity described in the schedule to the Bill which has now been inserted by the Commons.
The Minister has referred to the position of those bodies and institutions directly affected by this Commons amendment. I think the Minister has already said this, but I would be grateful if he would confirm that those bodies and institutions are satisfied that the amendments that have been carried in the Commons, and which we are considering at the moment, meet the concerns that they have expressed.
Finally, in relation to poppers, I understand that a decision is likely to be made fairly soon. I think the suggestion was that conclusions might be reached by the summer. Are we then in a situation where poppers might be banned under the terms of the Bill, only to be—if I may use the expression—unbanned in the summer? Or are we in a situation where the terms of the Bill in relation to the new psychoactive substances will not come into force until a conclusion has been reached in respect of poppers?
Lord Hayward (Con)
I would like to pursue the matter raised by the noble Lord, Lord Rosser, as well as touch on a broader aspect of the legislation. I am in the slightly odd position of having arrived in this place after the original debates in Committee, and I would like to make two points.
First, there is something I do not really understand—and I say this having been chief executive of the British Beer & Pub Association. Pubs were created in 1751. This legislation is all or nothing. There is no allowance for things that might be sold in either a licensed premises or a regulated premises. There are many things in British life that are sold under such circumstances and I do not understand why we have to have an all-or-nothing approach to these substances. I understand the nature of the legislation but there are chemical circumstances under which people could define things and regulate them. If we have been doing something for 260 years, I think the Home Office might catch up. It is probably not its finest hour in terms of legislative process.
To follow up the question asked by the noble Lord, Lord Rosser, since the Government say—this is a change of position, although it was not a specific government amendment—that they will look at something, they could do one of two things. They could either adjust the timetable for the whole legislation and defer it slightly or rush through a consideration of something that is likely to be driven underground in the mean time. The noble Lord, Lord Rosser, asked whether we are going to ban and then unban. What advice will be given to the police in the mean time? Are they to disregard the sale of illegal products or are they just not to prosecute? It really does not make sense. I suggest that we either adopt a position of regulating products or defer the introduction of this legislation.
Lord Bates
In response, I say first to my noble friend Lord Hayward, who has been a welcome addition to this House since his arrival, that when we were considering the Bill during its earlier stages in this House, the problem we were trying to identify was that once these new psychoactive substances were named, I or someone else, such as my noble friend Lady Chisholm, would come before your Lordships’ House with secondary legislation seeking to ban a particular chemical composition. Then it would be slightly tweaked by one or two molecules and reappear the next week as something else, and all the time people would be put at risk. That was the mischief that the whole thrust of this legislation was about. In the Conservative Party manifesto at the last election, we also made it clear that we would institute a blanket ban.
Forgive me for going through the points raised almost in reverse order, but my noble friend Lord Hayward asked whether we are going to ban and then unban. That is to prejudge the outcome of the consultation and review. The review may say that it is something that should be taken off the list; it may say that it should remain on the list. That is for it to do, so we do not know what the outcome will be. As we do not know that, we cannot prejudge it by putting it into this primary legislation. But because of this legislation we have a secondary legislation option whereby, if that decision is taken as a result of the consultation, we can act quickly to address it.
Let me deal with some of the other points which were raised. First, the noble Lord, Lord Rosser, asked me to confirm whether various medical groups and research groups had been consulted. Yes, they have, and they have been immensely helpful. I know that many in your Lordships’ House who spoke in Committee and on Report were speaking precisely to that point about the potential danger that this posed to legitimate medical research. I think they would welcome the fact that we have made it explicit in the Bill that these exemptions are there for research.
I thank the noble Baroness, Lady Hamwee, for her advance notice of the question on charities. The charity we are talking about would of course be a registered charity, and it would have to be one concerned with the advancing of health and saving lives. One hopes that the ability of someone to set up a “charitable body” which then started dispensing might be restricted, in the same way as restricting research to that approved by an ethics committee was the correct way forward. I can confirm that the Academy of Medical Sciences and other research communities were consulted on this. Also in response to the noble Baroness, cannabis is a controlled drug so it is outside the scope of the Bill, as controlled drugs are specifically exempt. The regulations that govern research in relation to cannabis are under the Misuse of Drugs Act, which is unchanged.
I may have answered the other points that were raised —no, there was a specific one on the term “individual”. The definition of the ethics body in new paragraph 4(b) does not exclude clinical trials of cohorts of people, as it refers to “individuals”—plural—not to an individual. It is important that medical charities such as Cancer Research are able to benefit from this exemption. We do not believe that the exemption for charities risks opening any loopholes. Section 1 of the Charities Act 2011 defines a charity as,
“an institution … established for charitable purposes only”.
Section 2(1)(b) of the Act states that the charitable purposes must be in the public interest. Head shops are unlikely to be considered as acting in the public interest—on the contrary, we would argue—so could not benefit from this exemption. I hope that that has been helpful in addressing some of the points raised.
Lord Rosser
The situation with poppers is that they are not banned at the moment, but they will be when the Bill comes into effect and becomes an Act. I accept what the Minister says about the wording being “could” not “will”, but they could then be unbanned in the summer, as I think the Government have said that they expect their consideration by experts will be concluded by the Summer Recess. Is that a particularly satisfactory situation? If I am correct, something that is not banned at the moment may end up being banned for a few months and then unbanned.
Lord Bates
In a sense, my argument is about what alternative we have to this. The moment for putting something through now, in primary legislation, has passed. We have to allow this to take its course. Our concession was to say that we would undertake a review in consultation with the Department of Health and the Medicines and Healthcare Products Regulatory Agency. Following the enactment of the Bill, and before the Summer Recess, we will consider whether there is evidence to support these claims. There is a question mark there and we believe that that research and consultation need to happen before we take any further action at this stage.
I see that the cavalry has arrived; I am, as ever, grateful my noble friend Lady Chisholm. To add to the list of exemptions requires the Home Secretary only to make regulations subject to affirmative procedure. To remove from the original list of exemptions would require further primary legislation. I think I have already said this, so I rest my case at that point and beg to move Amendments 2 to 4 in my name.
Baroness Hamwee
My Lords, the point is well made and this is an almost insoluble dilemma. I entirely see the Government’s concern to have the overall legislation in place quickly. However, first, can the Minister give the House any news as to when this may come into effect? Secondly, with regard to the particular situation which has been described, this is by no means a solution, but has the Minister been advised as to the likely view of the judiciary—if that is not an improper question for a Minister to answer—in a situation where, by the time a charge comes to be heard by a court, an exemption has been made through regulations?
Lord Bates
Subject to your Lordships’ approval this afternoon, the legislation will come into force in April 2016. We discussed in Committee, with the noble Lord, Lord Pannick, how the police might respond to that. The police of course have discretion in these circumstances, and we have said very clearly that we know who we are after in relation to this, which is the people who are actually importing, selling and supplying these dangerous substances. I believe that the police can use their discretion at that point. If there are specific circumstances that require further clarification on that, it can be provided for later under the terms of the Bill.
( ) In this section—
“custodial institution” means any of the following—
(a) a prison;
(b) a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre;
(c) a removal centre, a short-term holding facility or pre- departure accommodation;
(d) service custody premises;
“removal centre”, “short-term holding facility” and “pre-departure accommodation” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
“service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.”
Lord Bates
Noble Lords will recall that at Report in July, I moved various technical amendments to the Bill to ensure that it properly reflects Scots law and Scottish judicial and policing practice. The Commons amendments in this group are in a similar vein. The group also repeals the Intoxicating Substances (Supply) Act 1985, which the Bill renders redundant. I can provide further detail if required, but for now, I beg to move.