Psychoactive Substances Bill [HL]

Lord Howarth of Newport Excerpts

Tuesday 14th July 2015 Lords Chamber

[Lord Howarth of Newport (Lab)]

My Lords, I am glad to support the amendment tabled by the noble Lord, Lord Paddick. The Government say that it should not be an offence to be in possession of a substance for your own use. If the consequences of the legislation are similar to those that have been seen in Ireland, the head shops and the UK-based websites will be closed down. We know that the police have been tasked to go after the street dealers zealously. What is most likely to happen is that people will turn to online suppliers based in other countries and will receive packages, at any rate for their personal use, through the mail.

The amendment seems, first, logical. If it is to be legal to possess then you must contemplate some means whereby people can come into possession. Secondly, it seems realistic in the sense that, in practical terms, it will be impossible to close down the online trade. I know that powers are to be taken in an amendment we shall debate later to deal more effectively with packages, but the volume of mail and internet-based business is so huge that it is unrealistic to suppose that more than a tiny fraction of packages containing psychoactive substances will be intercepted. On the grounds of both logic and practicality, this is a sensible amendment and I hope the Government will feel able to accept it.

[Baroness Meacher (CB)]

My Lords, I shall speak to Amendment 56, which refers to Clause 56(2)(a). It is a probing amendment along similar lines to Amendment 21. As there are three different ways in which possession can become a criminal offence, the aim of the amendment is to clarify with Ministers the circumstances in which possession is not a criminal offence and those in which it is. I thank Mr Fortson QC for his briefing on this issue.

The Government have emphasised that the Bill does not make simple possession of a psychoactive substance a criminal offence, and I and many others certainly welcome that important step forward in the Bill. We know from the lengthy experience in Portugal, for example, that decriminalising possession there and investing more resources in treatment and less in prisons has resulted in fewer young people being addicted to drugs. That is surely one of our primary objectives. I find it enormously positive that the Government understand that issue and are taking it forward in the Bill.

As I said, there are three situations in which possession can become a criminal offence. If a person produces a psychoactive substance at home, for example by cooking something up in the kitchen, and they intend to consume it purely by themselves, they will have committed an offence. I want to make clear to your Lordships that I am not suggesting that anyone should cook up a psychoactive substance in their kitchen, albeit I have a number of friends who do just that—they create interesting and highly intoxicating alcoholic beverages in their kitchens. It is very easy to be rather hypocritical about these issues. Nevertheless, I wanted to make the point. It is not that I am promoting the idea of young people getting into the kitchen and creating these things. However, one has to think about the inconsistency.

If a young person is thinking about getting hold of a psychoactive substance and goes out to a dealer, buys a substance and goes home, they will not be committing a criminal offence if they are found with the substance in their hand. If they are found to have created, or are creating, the substance at home, they will be committing a criminal offence. It is possible to say that it could be very much safer for a young person to take a substance when they know its ingredients, rather than go to a crack dealer. I gather that that is what has happened in Ireland. As the head shops have closed, young people have gone to the crack dealers, who are doing a nice business with these psychoactive substances. One has to think of the incentive effect of these kinds of inconsistencies.

It is not only a criminal offence to create a substance in your kitchen. It is also a criminal offence, as the noble Lord, Lord Paddick, said, to import a substance for your own consumption. It is also a criminal offence if you export a substance for your own consumption—which might seem a slightly peculiar idea, but it is in the Bill. To illustrate the point, if someone has a psychoactive substance in their pocket, they are not committing an offence if they are at home. However, if they go on holiday with the substance tucked away in their pocket because they have forgotten it is there, and if it is still in their pocket when they come back, they will have committed two offences: importing and exporting a psychoactive substance. I know that that sounds a ludicrous example but one has to be conscious of the kinds of things that arise out of inconsistencies in legislation.

I understand from Mr Fortson QC—I would not have been aware of it otherwise—that this issue is of some importance. The offences to which I have referred are apparently described as lifestyle offences. Therefore, they trigger the most draconian provisions of the Proceeds of Crime Act 2002. Either the prosecutor or the court could initiate confiscation proceedings under POCA for one of these offences of possession of a psychoactive substance. That would seem, certainly to Mr Fortson QC, to be an entirely disproportionate response to what appears to be a rather insignificant offence. It was he who suggested that I should at least raise this matter in the House and seek the agreement of the Minister to ask her officials to look into these inconsistencies and to explore whether there is a way of finding a resolution that would feel somewhat more comfortable.

[Baroness Chisholm of Owlpen (Con)]

My Lords, as the noble Lord, Lord Paddick, has indicated, Amendment 21 seeks to exclude from the importation offence in Clause 8, the importation of a psychoactive substance by a person for their own personal consumption. Amendment 56, in the name of the noble Baroness, Lady Meacher, aims to do something similar in that it seeks to exclude production for personal consumption from the scope of the offence in Clause 4.

The Government do not accept that there is an inherent contradiction between, on the one hand, making it an offence to import or produce a psychoactive substance for personal use and, on the other, not criminalising personal possession. The Bill is about tackling the trade in psychoactive substances, whatever form it may take, both domestically and internationally. The importation of psychoactive substances, particularly by post, is indisputably a key form of supply. To exclude importation for personal consumption, even assuming you could neatly carve such conduct out of the importation offence, has the potential to drive a coach and horses through the ban on importation. It would be an open invitation for individuals to import numerous small quantities, which they could then combine together for onward supply.

It is also important to mention that the proposal would impose a near impossible task on Border Force customs officials and National Crime Agency officers in policing the importation ban. It is obvious that it would be very difficult and time consuming for them to determine whether a particular consignment of psychoactive substances was for onward supply or for personal use. For example, a person could import a significant quantity of psychoactive substances at one time, claiming that it was a year’s worth of supplies for their personal use.

With a blanket ban, the Border Force will have a clear mandate to seize any substance likely to be consumed by any individual for its psychoactive effects, and where the importation is not for an exempted activity. This will enable it to stop these potentially dangerous substances entering the country. In fact, between 2014 and 2015, more than 3.5 tonnes of new psychoactive substances were seized by Border Force officers. This was a 75% increase on the previous year.

Once the Border Force has identified a consignment, it can then simply invoke its seizure powers and the substances will be subject to a forfeiture process. In appropriate circumstances, the National Crime Agency will wish to investigate further and seek prosecution of an individual for a Clause 8 offence.

I can assure noble Lords that, as for any offence, a prosecution for an offence under Clause 8 would be pursued only if the public interest test is met. This is clearly set out in the Crown Prosecution Service’s Code for Crown Prosecutors. The sort of questions that the prosecutor must ask him or herself when considering the public interest test include: “Is prosecution a proportionate response?”, “What is the impact on the community?”, and, “Was the suspect under the age of 18 at the time of the offence?”. I hope this reassures noble Lords that decisions to prosecute for any offence in the Bill will not be taken lightly and a number of factors will be considered.

Interestingly, the national policing lead has advised that the long-term focus of enforcement action will be on those sources of supply which caused the most harm to communities in terms of crime and disorder, or where they are connected with organised crime. Some of these considerations apply equally to Amendment 56, to the extent that it could open up a significant loophole which could be exploited. More to the point, I put it to the noble Baroness, Lady Meacher: do we really want to encourage people to manufacture psychoactive substances in their garden shed, or, indeed, their bath? I suggest not. Production is clearly a critical link in the supply chain and we should not tolerate it on any level, whether it is on an industrial or cottage-industry scale.

The purpose of the Bill is to clamp down on the supply of NPS, not to criminalise young people. A range of civil sanctions is available to law enforcement agencies which offer an alternative route to criminal proceedings as a means of tackling the production and supply of psychoactive substances. The use of these sanctions will enable law enforcement officers to take action swiftly to nip a problem in the bud or to adopt a more proportionate approach to low-level offending. It will be a matter for the relevant law enforcement officer to determine the most appropriate course of action.

I hope that has reassured noble Lords—

[Lord Howarth of Newport]

I just wonder whether the noble Baroness is not sending a rather confusing signal to people. She is saying, on the one hand, that it must be illegal to import a substance; on the other, she is saying—and I am glad she is, in a way—that the public interest consideration will come into play when decisions about the prosecution are to be made. She is saying that it will be illegal to do it, but she is dropping the very broadest of hints that you are not going to get prosecuted for it. Is that not rather confusing for people?

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[Baroness Hamwee (LD)]

My Lords, this takes us back to the control of cannabis for medicinal use. In Committee, there was some interest in, and I would say some sympathy for, the proposal that medicinal use should be permitted through some means or other. I am using those terms extremely loosely but there was certainly recognition of the difficulties and publicly expressed concerns. Very appropriately, concern was also expressed in the Chamber about the need for controlled trials, and a recognition of the difficulties around trials and of the paradox that medicinal herbal cannabis is widely available elsewhere in Europe, either produced in certain countries or imported from them, and in the United States, and that those medicines are much less expensive than Sativex, which is the medicine available—that is quite a wide definition—in this country on limited prescriptions.

I do not want to repeat that debate but I am mindful of the list of conditions we are aware of, and the severity of many of those conditions, which cannabis seems to alleviate—not for everyone, perhaps, but for an awful lot of people, and with very dramatic effects—so I did not feel that I could let the matter rest there. I was also aware that the Labour Front Bench did not feel able to support the amendment at that stage, possibly because of its defective form. The noble Lord, Lord Rosser—as I heard him and as I read in Hansard—was non-committal on the principle of the issue on that occasion. I hope that this evening the Opposition will be able to take the opportunity to indicate their position.

The noble and learned Lord, Lord Mackay, pointed out that there was already a procedure which would allow for cannabis to be moved from Schedule 1 to Schedule 2 to the Misuse of Drugs Regulations 2001 by regulations made under the Misuse of Drugs Act 1971. The amendment places the proposals squarely within the existing provisions of the Misuse of Drugs Act to allow for that change in the regulations to place cannabis among those drugs which may be illegal for recreational use but can be available via prescription. I am proposing the very much more tentative step—a preliminary step, perhaps; I hope so, at any rate—of consultation with the ACMD under the 1971 Act with regard to the use of the Secretary of State’s powers under the regulations to achieve the alteration that I am speaking of with regard to both cannabis and cannabis resin. I beg to move.

[Lord Howarth of Newport]

My Lords, I hope indeed that, as the amendment proposes, the Government will consult in the relatively near future with the ACMD about the desirability of rescheduling cannabis from Schedule 1 to Schedule 2 to facilitate the use of cannabis-based medications. I draw great encouragement from the fact that the noble Baroness, Lady Hollins, has added her name to the amendment. She is an extremely distinguished psychologist and a very senior figure in the BMA. If Ministers are less than impressed by any contribution on scientific or medical subjects that I may be able to make, they should be fully aware that the noble Baroness is in support of the amendment.

Perhaps I may refer again to the pamphlet published under the auspices of the All-Party Parliamentary Group on Drug Policy Reform, Regulating Cannabis for Medical Use in the UK, authored by Professor Val Curran and Mr Frank Warburton. I remind the House that at the outset of that document, the authors state:

“Based on a review of the research literature, the most established uses of medicinal herbal cannabis in places where it is most widely available such as in the Netherlands include: The relief of pain and muscle spasms or cramps associated with multiple sclerosis or spinal cord damage; chronic neuropathic pain (mainly pain associated with the nervous system, e.g. caused by a damaged nerve, phantom pain, facial neuralgia or chronic pain which remains after the recovery from shingles); nausea, loss of appetite, weight loss and debilitation due to cancer or AIDS; nausea and vomiting associated with chemotherapy or radiotherapy used in the treatment of cancer, hepatitis C or HIV infection and AIDS; Gilles de la Tourette syndrome; therapy-resistant glaucoma”.

That is a significant list of conditions and diseases which good scientific evidence indicates are alleviated by cannabis-based medication. Yet we have a state of affairs in this country, in contrast to others, in which such alleviation and medical benefit is hardly available to people. That contrasts strongly with the countries which regulate the medical use of cannabis and cannabis derivatives, including Canada, the Netherlands, Israel, Spain, Uruguay and some 20 or more states within the United States of America. These are all mature societies which have thought deeply about the practicalities of drug control. They have come to a variety of policy conclusions but none of them has taken the decision flippantly or negligently to ensure that medical cannabis can be available in appropriate circumstances for patients who would benefit from it.

The current situation in the UK is that there are numerous people for whom cannabis would incomparably alleviate chronic pain, for example, but who simply cannot get hold of it. That is because of the rigidity of the regulations, the lottery of prescribing—a small number of doctors are willing to prescribe but very many are not—the cost of research and the consequential additional cost of production, and the inflexibility of the licensing system. This case is thoroughly made out in the document from which I have quoted. It surely must be time that the British authorities thought again about this and made moves at least to reconsider, open-mindedly and in a practical and constructive fashion, whether we should at long last reschedule cannabis from Schedule 1 to Schedule 2.

[Baroness Meacher]

My Lords, we debated this issue at length in Committee and I will therefore speak only very briefly. I support very strongly the amendment tabled by the noble Lord, Lord Paddick, which was spoken to by the noble Baroness, Lady Hamwee.

The Minister is aware that cannabis medication has proved a literal life-saver for children with Dravet syndrome, an extreme form of childhood epilepsy. If cannabis could be available as soon as Dravet syndrome was diagnosed, very severe brain damage caused by literally hundreds of fits every day could be avoided. The appalling side-effects of benzodiazepines for tiny children could also be done away with. On the basis of that single syndrome, the value of medicinal cannabis for these tiny children seems sufficient to make the case for cannabis to be shifted from Schedule 1 to Schedule 2.

As we know, Schedule 1 has in it only those drugs that are deemed to have no medicinal value at all. One simply cannot say that any longer of medicinal cannabis. The evidence of the medicinal value of cannabis for a range of other severe, long-term illnesses is now also irrefutable. That is a strong word when research is so difficult to undertake and the research studies have therefore been relatively small, but the evidence from countries across the world is now so strong, even on the basis of these small studies, that I do not think we should be questioning it.

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[Lord Howarth of Newport]

The Minister will know from reading the report that some of the very significant practical difficulties for research arising from the fact that cannabis is in Schedule 1 are described in that report. He will also be aware that whereas cannabis is in Schedule 1 and is that much more tightly controlled, heroin is in Schedule 2 and is also very tightly controlled. The Minister said he had looked at the totality of the evidence. Does he have any evidence of leakage of heroin from hospitals, which are allowed to hold it because it is a Schedule 2 drug, into the illicit market? It is no more likely that cannabis would leak from its proper medical research uses into the illicit market than that heroin would. Heroin does not, I believe, so why would cannabis?

[Lord Bates]

That is an interesting point which will, of course, be considered by those committees which advise the Government on these important issues. I would imagine that that factor has been considered, and if it has not, I am sure that the noble Lord will ensure that in future it should be considered in making decisions on this issue.

Home Office records confirm that no university that has applied for a Schedule 1 licence has so far been refused one, and we have not seen any evidence that licensees have been unable to comply with the Schedule 1 licence requirements. About 70 Schedule 1 licences are currently held by universities and hospitals enabling them to undertake research with all substances in Schedule 1 under the terms of that licence, as opposed to being limited to a single drug.

Where that research involves live human subjects, there are other, non-Home Office requirements, such as ethics approval, and I think there is some anecdotal evidence that the ethical demands, processes and commitments that must be gone through are more onerous than the licensing ones and may in practice present greater challenges to researchers than the requirements of the 1971 Act.

I have no doubt the debate on the legal status of cannabis, including its scheduling, is one we will return to from time to time as the evidence develops. For now, I hope I have been able to present some evidence to the noble Baroness that while we carefully considered her proposal, we do not regard it as necessary and do not see the case for there being a change in the Government’s position at this time.

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[Lord Rosser]

In Committee, we discussed an amendment providing for the Secretary of State to establish a scheme to promote public awareness of new psychoactive substances, including the dangers that these substances may pose, and to provide an annual report to Parliament. Amendment 51, which I am moving, is in a similar vein. In his response in Committee, the Minister referred to a meeting that was to take place with Public Health England and the Department for Education earlier this month. He said:

“The Bill is primarily a law enforcement measure, setting out definitions et cetera, although it is part of a wider context that includes education. As to whether we should have references to education or treatment programmes in the Bill, I personally favour things that are very clear and focused about what they want to do. What we hope to achieve through education is a very important part of the context. I undertake to reflect on that between now and Report”.—[Official Report, 23/6/15; col. 1570.]

Since the discussion in Committee, we have had the letter of 2 July to the Home Secretary from the chair of the Advisory Council on the Misuse of Drugs, which set out the ACMD’s views on the Bill. That letter says:

“The ACMD would like to help the Government in refining the Bill by making recommendations”.

It goes on:

“The ACMD is willing to suggest detailed amendments … helping develop an implementation strategy including information, education, treatment and harm reduction services which may be required for users of Novel Psychoactive Substances”.

The ACMD then includes in its recommendations that the Government should,

“ensure adequate resources are in place to support education, prevention, acute health interventions, treatment and harm reduction services to prevent and to gather evidence of Novel Psychoactive Substance-related harms”.

Therefore, the ACMD was talking with regard to amendments to the Bill on information, education and treatment, and clearly had some doubts about whether adequate resources were available. In her reply, the Home Secretary made no response to the ACMD offer to “suggest detailed amendments”, including on the issues of education, treatment and harm reduction. Perhaps the Minister could fill in that gap when he responds.

On the ACMD recommendation in respect to the provision of adequate resources, the Home Secretary referred to,

“a comprehensive action plan on psychoactive substances to further enhance”,

the Government’s,

“response to prevention, treatment and information sharing”,

and to refreshing the Government’s,

“over-arching approach to reducing the demand for drugs … enabling … a broad approach to prevention”,

to be taken.

I believe the Home Secretary may also have received a letter from a number of organisations involved in this field which expressed concern about the educational and preventive response from the Government about the risks to young people from new psychoactive substances. The organisations said that the current approach to preventing young people coming to harm from NPS is insufficient to meet the scale of the problem and have asked the Government to consider the proposals recommended by the Welsh Government’s Health and Social Care Committee. That committee, of course, recommended a targeted public awareness campaign for young people, as well as one specifically for parents, an evaluation of current education programmes, investment more generally in drugs education in schools, and NPS training for front-line staff. In addition, we have already had the report of the Government’s expert panel, which also included recommendations on education and awareness.

I am not sure what the difficulty was with the amendment in Committee, and I hope that the outcome of the Minister’s reflection since Committee, which he said he would undertake, will prove to have been positive. After all, he said in his recent undated letter to my noble friend Lord Howarth of Newport:

“I feel strongly that prevention is at the core of how we tackle the misuse of drugs and keep our young people safe from drug related harms”.

What we do not want is government—any Government —maintaining that it has comprehensive action plans and is refreshing overarching approaches to address the issues arising from the use of new psychoactive substances, as the Home Secretary has done in her reply to the ACMD, when there is no requirement on government to then report to Parliament regularly on what those measures are that have been introduced and implemented and how successful or otherwise they have been in resolving the problems they were designed to address.

I have already referred to the Minister’s comment in Committee:

“What we hope to achieve through education is a very important part of the context”.—[Official Report, 23/6/15; col. 1570.]

That is fine. But what, in detail, do the Government hope to achieve through education, and how and when will they update us on the progress they are or are not making towards whatever it is they have decided they are seeking to achieve through education? Can the Minister give some specific answers to those specific questions I have just posed, or, alternatively, accept this amendment, which provides the framework through which the Government could report regularly to Parliament on their objectives with regard to the use of and public awareness about NPS, and the extent to which the measures they have taken have been effective?

One thing appears clear and that is that any education, treatment and prevention programmes in respect of new psychoactive substances to date have been less than fully effective. If they had been, presumably we would not have felt the need for this Bill. Legislation, law enforcement and criminal sanctions are important but so, too, are education, training and prevention programmes and measures if we are to address fully the use and supply of psychoactive substances. A Bill that deals with only the former aspect and makes no reference to the latter, and which lays no duty on the Secretary of State to report on the measures taken and their effectiveness, is surely incomplete and does not recognise the equal importance of education, information and prevention.

I simply conclude with one further point and question. In his recent—again, undated—letter to me setting out the Government’s amendments for Report, the Minister referred to the fact that the Government already report annually on their drug strategy. If the Minister can confirm that that is a report to Parliament and that it will in future contain information on the matters in respect of new psychoactive substances referred to in my amendment, it may be that my amendment is no longer needed. I beg to move.

[Lord Howarth of Newport]

My Lords, the amendment which has just been moved by my noble friend Lord Rosser ranges more widely, and very valuably, by comparison to my more limited Amendment 53 in this group, which is confined to the question of education and would require the Secretary of State to,

“require that all secondary schools report annually on their drug education programmes”,

and requires that Ofsted and the equivalent agencies in Scotland, Wales and Northern Ireland,

“when reporting on the performance of secondary schools, include an assessment of the extent and quality of drug education provided by the school”.

It goes on to require that:

“The Secretary of State shall request that each further and higher education institution publish annually a report on its programme to reduce harms caused by the use of drugs by its students”.

The noble Lord, Lord Bates, with characteristic helpfulness, organised a meeting on the theme of education and prevention which a number of us were able to attend. We met people from Public Health England, and also present was an official from the Department for Education. It was a very interesting and very useful meeting, and I am most grateful to the noble Lord and the noble Baroness, Lady Chisholm, for making that possible. I was particularly impressed by the thoughtfulness, energy, commitment and good sense of the representatives from Public Health England. I was also very encouraged by the work that they have in train, which they described. They have been somewhat limited by their lack of resources. Our meeting was on the eve of the Budget. I expressed the hope—in semi-jocular fashion—at the end of the meeting that the next day would see their budget quadrupled. They smiled a little wryly. In fact, the next day the Chancellor announced a £200 million cut to the public health grant to local authorities. That must be highly problematic for other departments—the Home Office, the Department of Health and, I dare say, the Department for Education.

The Home Office’s annual review sketches out—as is its fashion; it does not deal with anything other than sketchily—some of the educational approaches that are being undertaken. It talks about the Rise Above project; it talks about the government-sponsored website Talk to FRANK; it talks about communications campaigns that have been undertaken in 2013 and 2014; and it refers to the New Psychoactive Substances (NPS) Resource Pack for Informal Educators and Practitioners, which I have read and which I admire very much. It is full of good sense and gets the tone exactly right. So, to that extent, there is some modest encouragement.

The annual review also talks about the Government’s:

“Promotion of good practice in demand reduction in NPS at EU and international level, led by the UK”.

I found that assertion to be a trifle unconvincing. If we consider the work that has preceded it in Portugal, the Netherlands, Denmark, Germany and Switzerland, it is difficult to see that the United Kingdom Government are in the lead in this process of developing preventive and educational strategies.

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[Lord Bates]

I am grateful to the noble Lord, Lord Rosser, for moving this amendment and for the debate that we have had. Education is a critical element of this. It is right that we focus on education programmes, and I will come to those in a minute.

Probably the worst impact on a child’s education is what happens in places such as Canterbury, where there is a head shop across the road from a school. Young people can wander past that shop and obtain new psychoactive substances without any production of proof of age. Those substances are easily available and accessible. I cannot think of a worse signal to send to young people about what the Government’s position is. They may have had the most wonderful, textbook PSHE lesson from an inspiring teacher but, if that is their experience when they walk out the door, it is significantly undermined. Therefore, we need to keep this in context, and I will respond to the point made by the noble Lord, Lord Rosser. Although education clearly needs to be robust and measured in its effectiveness, the overall purpose of the action being taken—with support from the Official Opposition—will have a far greater effect, particularly in relation to NPSs.

Prevention and education is a key strand of our balanced drug strategy, and it is vital that we prevent people, especially young people, using drugs in the first place and intervene early with those who start to develop problems. We have recently refreshed our approach to reducing the demand for drugs, enabling us to take a broad approach to prevention. The approach combines universal action with targeted action for those most at risk or already misusing drugs. It includes investing in a range of evidence-based programmes which have a positive impact on young people, giving them the confidence, resilience and risk-management skills to resist drug use. This refreshed approach is very much in line with the goal of building character, which was referred to by the noble Lord, Lord Howarth. Nicky Morgan had raised this.

While good practice is highlighted, the advisory council report also acknowledges strong evidence that some prevention approaches are ineffective in reducing drug misuse. These include stand-alone, school-based curricula designed only to increase knowledge about illegal drugs, fear arousal approaches, and stand-alone mass media campaigns. That was backed up by the evidence that we received in the all-interested-Peers meeting.

It is therefore vital that we ensure that our young people are equipped with the best possible tools and skills to make positive choices about their health. We have implemented a range of activity to support this approach—for example, a new online resilience-building resource, Rise Above, aimed at 11 to 16 year-olds; developing the role of Public Health England to support local areas; sharing evidence to support commissioning and delivery of effective public health prevention activities; and launching toolkits. I was grateful for the support of the noble Lord, Lord Howarth, for the tone and content of the toolkit which is available in the pack and on the website.

The Government have also invested in resources to support schools; for example, the development of the Alcohol and Drug Education and Prevention Information Service, which provides practical advice and tools based on the best international evidence, including briefing sheets for teachers. In addition, Mentor UK, which runs the service, manages the Centre for the Analysis of Youth Transitions database, which hosts evaluations of education programmes aimed at improving outcomes for young people.

As part of its inspections programme, Ofsted will from September make a judgment about the quality of a school’s provision for pupils’ personal development, behaviour and welfare. The criteria for an outstanding judgment in this area include: that pupils are safe and feel safe at all times; that they understand how to keep themselves and others safe in different situations and settings; and that they can explain accurately and confidently how to keep themselves healthy. As part of judging the quality of leadership and management, Ofsted also evaluates the effectiveness and impact of provision for pupils’ spiritual, moral, social and cultural development, which includes understanding the consequences of their behaviour and actions and recognising legal boundaries.

We have also taken specific action to address the threat of psychoactive substances by publishing a resource pack, which I have referred to already.

As we will come to in a later debate, the Government already review annually their activities and progress under the Drug Strategy 2010, with the most recent review published in February this year. That is a cross-government, cross-departmental approach; it is published on the Home Office website. I am happy to undertake to write to colleagues who are in charge of that process drawing attention to this debate and the interest taken in monitoring the effectiveness of education on new psychoactive substances, because, as we have heard, be it in prisons or in children’s homes, the problem is growing.

[Lord Howarth of Newport]

I am very grateful to the Minister for giving that undertaking. When he writes to his colleagues, will he broaden out the remit, or the request, so that he invites them to respond across the whole field of drug education and not simply in relation to new psychoactive substances?

[Lord Bates]

I am trying to be helpful by responding particularly to the point made by the noble Lord, Lord Rosser, who asked what we were doing on evaluation. I have not consulted officials—perhaps they will be waiting for me in the corridor afterwards to tell me—but it seems to me sensible and appropriate to reflect the concerns expressed in this debate on how we evaluate.

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[Lord Rosser]

We had an amendment in Committee that called for the Secretary of State to publish an annual report on new psychoactive substances. We then set out some of the information that should be included in that report. This amendment basically seeks the same. The lack of basic data and information was an issue identified by the Government’s expert panel. These issues included the difficulty for any one agency of keeping abreast of all the new developments. The acknowledgement that the Misuse of Drugs Acts 1971 needs to be supplemented by other legislation has meant that more professional networks, including trading standards, require information. The current time lags between data collection and publication of data obtained by current networks mean that the systems cannot be employed in the service of providing more timely early warning-type information. Finally, there is a need to collect, analyse and distribute information in a more systematic and timely fashion to help inform policy and practice at both a national and local level.

In his recent letter to me on the government amendments for Report, the Minister said that the Government were not persuaded of the need,

“to produce an annual report on the operation of the Act”,

but that they,

“agree that … there is a case for a one-off duty to review the operation of the Act and to lay a report on the review before Parliament”.

Accordingly, government Amendment 55,

“requires such a report to be prepared and laid before Parliament within 30 months of the coming into force of Clauses 4 to 8 of the Bill”.

In his letter, the Minister continued:

“This timetable would allow for the collection of two years’ worth of data on the operation of the Act”,

and that data were,

“of the kind set out in your amendment 105 at Committee stage”,

which would help to inform the review.

Is the noble Baroness able to say a little more about the information that will be provided in the review referred to in government Amendment 55 and the extent to which it will include the kind of issues referred to in my amendment on annual reporting? Surely, after the first review of the operation of the Act, which the government amendment says will be within 30 months of Clauses 4 to 8 coming into force, there should be regular updates since the facts about the effectiveness of the operation of the Act and the measures taken may change.

Alternatively—what I ask comes back to what the Minister said on the previous amendment—will the information that we have called for in our amendment also be covered in the annual report on the Government’s drugs strategy, to which, as I have said, the Minister made reference in relation to the previous amendment on education, training and prevention? I beg to move.

[Lord Howarth of Newport]

My Lords, my Amendment 54 in this group ranges more widely than that of my noble friend, and might indeed be regarded as somewhat clunky. However, it is intended to be illustrative of the range of issues that I think ought to be covered in a proper annual review or annual report issued by the Home Office.

I have looked at the three annual reviews issued since 2013. The February 2015 review of the progress of the Drug Strategy 2010 consists of all of 28 pages of text. It covers some of the issues indicated in my amendment which I think ought to be covered in an annual review, but far from all of them. I am afraid to say that it seems to me a thin and superficial document which is simply not commensurate with the importance and complexity of the issue and the major social challenge that drug abuse presents. It is also an inadequate form of accountability to Parliament, being as flimsy as it is. It contrasts with the European Drug Report, which is produced annually by the European Monitoring Centre for Drugs and Drug Addiction, which is a much more substantial document, containing tables, graphs, citations and footnotes—an altogether more serious and substantial report. We do not find that kind of material in the Home Office’s annual review.

The Minister said in her foreword to the latest annual review, “We are not complacent”. That is good. However, on page 10, she spoke about:

“Promotion of good practice in demand reduction in NPS at EU and international level, led by the UK”.

That is a fine assertion but, as I said in the previous debate, not to me a convincing one. Regrettably, the annual review does not go on to tell us what this promotion has meant or what the good practice in demand reduction should be.

The expert panel’s report said on page 53 that adequate monitoring of whatever the policy proves to be,

“needs to be in place”.

I think that it was looking for a substantial annual review. It also seems to me that the implication of the letter from Professor Iversen to the Home Secretary of 2 July is that a whole range of issues need to be kept under solid and informative review.

The expert panel report contains a very important section on pages 35 to 36, in which it sets out the key opportunities and the key risks of the policy that the Government have embarked upon in this legislation. Among the key risks are those of supply, demand, enforcement, harms, forensic science, legal issues and communications. Among the opportunities are, again, supply, demand, enforcement, harms, forensic science, legal issues, communications and costs, so, according to the expert panel, there are both opportunities and risks entailed in the Government’s policy. I suggest that certainly the Government’s initial report, which they have promised to issue within 30 months, but also the annual review issued by the Home Office, ought to deal in very substantial measure with all those opportunities and risks that have been found.

The section of the European Monitoring Centre report on prevention tells us that the use of NPSs by young adults ranged from a high of 9.7% in Ireland to a low of 0.2% in Portugal. It also tells us that Sweden, which practises a draconian prohibitionist policy, has the second-highest drug-induced mortality among 15 to 64 year-olds. These are among the sorts of pieces of information that ought also to appear in the Home Office’s annual review.

Page 15 of the last edition of the annual review, in the section discussing restricting supply, referred briefly to liaison with Pakistan, Afghanistan and West Africa, but had nothing whatever to say about liaison with China and India, which are the key countries in terms of NPSs. On page 19, we are told that the UK,

“chaired a G7+ country Expert Meeting … in Berlin in November 2014”,

which led to agreement on a “set of actions”, but we are not told what the actions were. On page 23, we are told that there is a strategy of:

“Transferring the responsibility for developing locally led, integrated, recovery orientated treatment systems to local authorities”,

but there is no discussion of the funding situation for local authorities—the very large cuts there have already been, followed, of course, by the cuts just announced to the funding for Public Health England.