EU Drugs Strategy: EUC Report

Lord Henley Excerpts

Thursday 19th July 2012 Lords Chamber

[The Minister of State, Home Office (Lord Henley)]

My Lords, like all other speakers in this debate, I offer my congratulations to the noble Lord, Lord Hannay, on producing this report and on the work of all the members of the committee. If I may single out just one at this stage, it would be the noble Lord, Lord Mackenzie of Framwellgate, particularly for his remarks on the proper use of statistics, for which I was very grateful. If you accept the statistics when they go one way and then denigrate them when they are going the other, it is not a proper way to behave. My estimation of the noble Lord, which was always high, has gone considerably higher as a result of those remarks.

As always on occasions such as this, I ought to start with an apology. Yet again, as with earlier remarks I made in evidence to the noble Lord’s committee, I confess that we cannot answer what I will call the Warsaw Convention question. I still hope that we will be able to produce something within the next 12 months, but I have to repeat that it requires quite a lot of legal and policy analysis. We are confident that we are compliant with the convention. In fact, in some areas we go further. We will comply when we can, but more work needs to be done on that in due course.

I singled out the noble Lord, Lord Mackenzie of Framwellgate, but I should say that the speakers’ list has attracted a great many experts, and we are grateful for the fact that the noble Baroness, Lady Massey, with her experience as chairman of the NTA, could come forward. Other noble Lords who have taken part in all-party groups and served on committees have brought their thoughts to this debate.

Bearing in mind the hour and the fact that there is another debate to come, noble Lords would not want me to repeat the entire response of the Government to the report because, as they will know—I have a copy of the letter I sent to the noble Lord, Lord Hannay, with the Government’s response—it goes on for some pages. Some of the questions, particularly those put by the noble Lord, Lord Liddle, are answered in that response. They are there on the record and deal with the points he made.

I believe, as always, that the report was particularly timely because it has the potential to be influential in relation to the drafting of the new EU drugs strategy, which is taking place under the Cypriot presidency that ends in December this year. I welcome the contribution that it will make to those discussions, and I can give an assurance to my noble friend Lord Avebury that officials have already discussed the United Kingdom priorities for the strategy bilaterally, with the Cypriot national drugs coordinator, and jointly with other member states at the horizontal drugs group, and will continue to work with the Cypriots as the strategies are developed before its planned adoption in December. In addition, a number of our European partners have commented on the helpful way in which the report has helped set the scene for discussions on the new EU drugs strategy. I pay tribute to the foresight of the committee in undertaking this work, and for the clarity with which the report has been written.

As is obvious from the Government’s response, we agree in large measure with the committee’s analysis and findings. Looking forward, there are a number of key areas that we would like to see the new EU drugs strategy address. We are keen to ensure that the next iteration of the EU drugs strategy maintains its balanced approach, encompassing public health approaches and enforcement measures, working together to reduce demand and restrict supply. It is important that there is a clear and consistent approach to prevent drug use and minimise drug misuse, and that there is a strong focus on moving individuals with a dependency into sustainable recovery. It is important for the new strategy to highlight the importance of reducing health harms—as suggested by the noble Lord, Lord Giddens, I think—while supporting people to recover, such as preventing the transmission of blood-borne viruses and other infections, if the prospects for recovery by drug users are to be maximised.

The new strategy needs to describe how pan-European work will support and dovetail with activities which are best taken forward by member states, or their localities. Drugs policy—as I think everyone agrees—should, and does, remain mainly the competence of member states. National strategies should continue to have primacy on approaches to domestic drugs issues. The EU drugs strategy should seek to complement the delivery of national strategies, particularly through focusing on enhancing co-operation rather than on developing legislation. Similarly, it should produce a framework within which statutory agencies and civil society can work together.

Like the committee, the Government believe that the EU drugs strategy can add real value in tackling drug trafficking. We believe that in order to tackle the supply side effectively, we need to employ both traditional and innovative tools. By intelligence sharing—this brings us on to Europol; I refer the noble Lord, Lord Liddle, to our response—by raising policing and law-enforcement standards, and by promoting best practice among external partners, we will help to destroy the criminal networks that target Europe and its member states.

The strategy should also continue to build on lessons learnt to date across the EU from our joint approaches on the new psychoactive substances mentioned by a number of noble Lords. We should use the objectives and commitments in the UN resolution, led by the UK, with Australia and Japan, on promoting international co-operation in responding to the challenges posed by new psychoactive substances, as a useful starting point. I should say that we have made considerable progress in this country by speeding up the legislative machinery that allows us to deal with these so-called legal highs in that we can now refer them to the Advisory Council on the Misuse of Drugs for a rapid response. We can process them fairly quickly while the ACMD looks at them in greater detail. Only recently a new drug which I think I can only pronounce by its street name, which is MXE—I can never manage to pronounce its proper name—has been given a temporary ban while the ACMD takes a further look at it to see what its long-term damage could be. I appreciate that to some extent this change means that we are often like a dog chasing its tail and it might be that in the future some new legal mechanism or machinery has to be set up to make it easier to respond to new drugs or legal highs as they are developed.

[Lord Howarth of Newport]

I am very grateful to the noble Lord for allowing me to intervene. In the Government’s response to the committee’s report and in the report itself, a favourable view is taken of analogue legislation whereby the Government would take powers to ban new psychoactive substances that they consider to be analogous to substances that are already banned. Perhaps I may counsel some caution before the Government go down this road. The American experience seems to show that analogue legislation provides a field day for lawyers who spend a great deal of time and money arguing over whether the precise molecular composition of a new substance is analogous to the already banned substance, and of course it would be a wholesale extension of prohibition, with all the difficulties involved.

[Lord Henley]

We will certainly look at the American experience. We are aware that there are a great many more lawyers in America than there are in this country, and that the Americans are keen on making use of lawyers. However, obviously we would want to learn from their experience. While I am on the subject of the ACMD, I should also say to my noble friend Lord Avebury, who asked about khat, that the advisory committee is currently reviewing the harms associated with it. We will not prejudge that advice, but we will look at it in due course.

[Lord Avebury]

I am most grateful to my noble friend. I also mentioned, in the context of the examination of khat, the possibility of applying regulation. The committee looked at regulation although it did not express a firm opinion on it. However, it is another way of tackling harmful drugs, and it may particularly apply to the use of khat. I would be grateful, given that the advisory committee is looking at khat, if it would also examine the possibility of using regulation to control it.

[Lord Henley]

I think that that must be a matter for the advisory committee to decide. I want to make it clear that we will not prejudge its advice. We will look at it when it comes and then make an appropriate decision. I understand that that is likely to be later this year.

I want to try to make progress because the House wishes to get on to the next debate. One of our key priorities for the next iteration of the drug strategy is to ensure that we agree a principle of transparency that would allow greater oversight of the available EU funding streams and the actions they are driving. It is vital that we ensure that EU funding for counternarcotics and EU co-ordination in external third countries is effectively targeted and aligned with overall EU drug strategy priorities. We would like to see concrete actions intended to tackle drugs covering both action to enhance local capability against the drugs trade and alternative development.

The noble Lords, Lord Hannay and Lord Liddle, and others mentioned the European Monitoring Centre for Drugs and Drug Addiction in Lisbon, which is rather inelegantly known as the EMCDDA. I will refer to it as the European monitoring centre. I was asked what our view is of this body. I agree with everything that the noble Lord, Lord Hannay, said about its valuable work. We accept that it should continue and that we should make increased use of it where possible, and similarly of its early-warning system through the use of intelligence gathering and forensic analysis via Europol and Interpol. This will also help with our collective understanding of the current EU drugs market.

There were those who took the debate further and asked that we look at alternative approaches. The noble Lord, Lord Hannay, said that he was somewhat constrained because he was worried that the Daily Mail might be listening. I looked up at the Gallery and I do not think that anyone from that paper was there at that stage. We fully respect the fact that different ideas and policies will be put forward in the ongoing debate. We believe that policies should be discussed, challenged and reviewed. That is what we are doing in the United Kingdom through our annual review of the drugs strategy that we produced back in 2010, and the development of our evaluation framework. We continue to discuss efforts to tackle the drugs trade with our international partners.

Similarly, within this country, the noble Lord mentioned a conference that my right honourable friend Oliver Letwin will be addressing in November on these matters. My right honourable friend, as a Minister in the Cabinet Office, is also part of the inter-ministerial group on drugs that I chair on behalf of the Home Office. There were those who said that it should not be the Home Office that led on this subject and that this matter should be transferred to the Department of Health. However, we in government think it should cover all the Government but be led by the Home Office. The inter-ministerial group that I chair also has representatives from Health, Education, the Cabinet Office, Work and Pensions, the Ministry of Justice, Communities and Local Government and, last—one should never say least—Her Majesty’s Treasury. Meetings of the inter-ministerial group are roughly once a month and all those Ministers regularly attend. I think that it is a very fine example of the Government being non-siloised—if I can put it in those terms—and thinking across the board in these matters.

I will say a word or two about Portugal and decriminalisation. Again, we will continue to look at what happens in all countries and we are determined to study the effects of the work they have done in Portugal. There is an excellent policy review by the EMCDDA of what Portugal is doing, which I commend to noble Lords. We will look at what it does and make our decisions in due course. Lastly on the subject of decriminalisation, I do not think that this is the time or place to go on to that wider subject. However, the legal framework that we have in this country—the Misuse of Drugs Act 1971—allows the criminal justice system some flexibility to deal with the best way to reduce reoffending and gives both the police and the judiciary discretion to take into account all the circumstances of the offence, such as when it involves possession of a relatively small amount of some drug.

As noble Lords will be aware, government officials are closely involved in the development of the new EU drugs strategy. It is currently on course to be adopted at the Justice and Home Affairs Council in December. I can assure the noble Lord and his committee that officials from the Home Office will keep the committee informed of progress with the new document as appropriate.