Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015

Lord Kennedy of Southwark Excerpts

Tuesday 22nd December 2015 Lords Chamber

[Lord Colwyn (Con)]

My Lords, my remarks will be brief. I ask my noble friend, who has responsibility for steering the Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015 through your Lordships’ House, whether the Government have kept to their undertaking to ensure that the Psychoactive Substances Bill does not infringe the rights of UK herbal practitioners to supply unlicensed herbal medicines, as permitted under paragraphs (2), (6) and (9) of Regulation 3 of the Human Medicines Regulations 2012, No. 1916, dated 14 August 2012.

In an answer to the noble Lord, Lord Hunt, in July this year, my noble friend wrote:

“The Bill team is working with the … (Medicines and Healthcare Products Regulation Agency) to make sure that the Bill does not criminalise activities in relation to medicinal products which are currently lawful under medicines legislation. This includes the activity that Michael McIntyre refers to—namely herbal medicines that do not hold a … (Traditional Herbal Registration) but are prescribed by herbal practitioners on a named patient basis”.

I ask my noble friend whether the current draft of the Bill ensures the continued rights of UK herbalists to supply unlicensed herbal medicines on a named-patient basis, as he promised. If the legal highs Bill were enacted without making provision for herbal practitioners, it would mean that their work was criminalised, which of course would be an unmitigated disaster.

[Lord Kennedy of Southwark (Lab)]

My Lords, I support the order before the House. As the noble Lord, Lord Bates, said, it would be in effect for a maximum of 12 months, by which time a decision would be made on whether MPA should be subject to a permanent ban. I shall not attempt to pronounce the name in full but will stick with the abbreviation. I am sure that the noble Lord will come back on the points made by the noble Lord, Lord Colwyn.

I echo the comments of the noble Baroness, Lady Hamwee, in respect of the work, and the walks, that the noble Lord does in the recesses. I will leave it there.

[Lord Bates]

I am very grateful. I should perhaps explain to the House that the reason for my slight struggle was that I was not only trying to pronounce those words but, at the same time, was feeling the symptoms that I was reading out of an abnormally fast heart rate, anxiety, a panic attack, perspiration, headaches and nausea. My inability to pronounce the medical terms was due to my having to pause slightly to compose myself. I am grateful for the patience of the House.

I shall deal with where we are with the Psychoactive Substances Bill. We expect the Bill to reach its Commons Report stage and Third Reading early in the new year, and I hope noble Lords’ consideration of Commons amendments will follow shortly after that. Explanatory notes on the Commons amendments will be published in the usual way once the Bill leaves the Commons. The noble Lord, Lord Rosser, and the noble Baroness, Lady Meacher, among others, will have seen letters from the Policing Minister detailing the government amendments made at the Commons Committee stage.

Schedule 1 to the Bill lists substances exempted from the scope of the Bill. Medicinal products as defined by the Human Medicines Regulations 2012 are included in that list. The definition of medical products, as in regulation, includes herbal medicines. Therefore, herbal medicines covered by the regulations are excluded from the scope of that Bill. I hope that offers some reassurance to my noble friend Lord Colwyn and clarifies the communication that I had with the noble Lord, Lord Hunt.

The Chief Whip is here, so I need to be on my best behaviour, but let me just say that I have no plans to engage in further walks over the Christmas period. I will be back on duty for the Immigration Bill on 11 January as required. However, I am very grateful for the kind words that have been said. We heard about the tremendous work being done by many charitable bodies this Christmas. I was thinking in particular of the Red Cross walk this year, which managed to raise more than £90,000 for its work in China and the UK. It is a tremendous privilege for us all, I know, to do anything that we can to support the many people who at times such as this are helping and caring for those in greatest need in our country and on our planet.

Finally, the Bill will go through Report and Third Reading early in the new year. That completes the business before us and I commend the order to the House. I join others in wishing noble Lords on all sides of the House a very merry Christmas.