Police Reform and Social Responsibility Bill

Lord Ramsbotham Excerpts

Thursday 14th July 2011 Lords Chamber

[Lord Tyler]

My Lords, I can contribute to this debate with unaccustomed brevity, because I agree with both the contributions that have already been made. I hope that an additional reason for us all to be brief is that our noble friends on the government Front Bench have already read a great deal of the contributions that have been made, not least on the occasion of the Second Reading of the Bill of my noble friend Lord Marlesford but also on 10 June, when I, too, had the opportunity to put before your Lordships' House a Bill to try to deal with this particular point.

We must have a positive contribution to finding the solution to this problem. It is just not good enough to remove what is there. We need to move on; we need to move into a more positive situation where the square again becomes a genuine public space in the centre of our parliamentary democracy, with the abbey, the Supreme Court, the Treasury and Parliament all around. Our fellow citizens have a right to expect a proper, well planned solution for the future of Parliament Square.

In the debate on 10 June, I said:

“Our overall objective must surely be that the heart of our parliamentary democracy should be seen as such, with clear guidelines on what should be permitted and even encouraged to enhance this role, without recourse to unwieldy, excessive and unworkable regulation”.—[Official Report, 10/6/11; col. 518.]

I share the view of my noble friend that we must not impose on the police another set of defective regulations which are virtually unworkable. It is improper for us as legislators to impose a responsibility on them in that respect.

I am sure that my noble friends have also seen that there is real public interest in this issue, as was evidenced by an article in the Evening Standard yesterday—although that was a classic case of picking a good day to bury good news. Even so, there is real concern among all those who visit London, whether it be fellow citizens of the United Kingdom or people from abroad, about the unfortunate mess that is currently at the heart of our democracy.

I hope that the Government will give a positive response to my noble friend’s new clause and amendment, because, without it, I fear this situation will continue to be outrageously ridiculous.

[Lord Ramsbotham]

My Lords, I said at its Second Reading that I commend the Bill of the noble Lord, Lord Marlesford, for its simplicity, its clarity and, above all, its good sense. As the noble Lord, Lord Tyler, has said, Parliament Square is not an item on its own; it is part of a whole. If you see something looking like that, it reflects on the whole, and it reflects on all of us that, for years, the Houses between them have proved completely incapable of solving something apparently simple. Therefore, the public will ask, “What hope have they got of solving anything more complicated?”. This House and the surrounds of Parliament are cleaned and prepared every day for the following day. The beauty of the proposal of the noble Lord, Lord Marlesford, is that it enables the whole area, including the square, to be cleaned and prepared for every day and does not allow it to be traduced for purposes for which it is neither designed nor suitable.

[Lord Cormack]

My Lords, I strongly support what my noble friend Lord Marlesford has said. I took part in the Second Reading of the Bill of the noble Lord, Lord Tyler, and briefly intervened on my noble friend Lord Marlesford, but I have been speaking on this issue for many years. I raised it first in the other place when the squalid encampment first appeared in Parliament Square. All noble Lords, I am sure, believe in freedom of speech and freedom for peaceful demonstration, but that is not what we are discussing; we are discussing the defacement of a world heritage site that is the centre of our parliamentary democracy. It should not be beyond the wit of the Government to come up with a solution but, sadly, the last time a Government tried—a Government from another party—they failed. They produced draconian regulations and the squalid encampment remained.

I fear that my noble friend Lord Marlesford is only too correct in pointing to the deficiencies in the Bill as it is currently before your Lordships’ House: placing the duties of lost property custodians upon the Metropolitan Police is not the best way of using its all-too-depleted manpower. When my noble friend the Minister replies, I hope she will acknowledge the unworkability—and, indeed, the absurdity—of the proposals to which my noble friend has alluded. I hope she will accept the amendments of my noble friend Lord Marlesford. If she feels for technical reasons that she cannot do that, I hope she will agree to come back at Third Reading with a government amendment, having discussed the matter with the noble Lords, Lord Marlesford, Lord Tyler and others, and come up with a solution that we can all accept.

I have absolutely no desire to go into the Lobby against my noble friend the Minister, but unless she can either accept the amendment or promise to come back on Third Reading, after consultation with my noble friend Lord Marlesford and others, with a sensible and workable solution, the House will have no alternative but to express its concern in the only way that it can.

--- Later in debate ---

Moved by

[Lord Ramsbotham]

308: Clause 154, leave out Clause 154

[Lord Ramsbotham]

My Lords, I must apologise to the House for not being able to be in the Chamber when I could have moved this amendment in Committee. The Explanatory Notes state that the purpose of the two subsections in the clause is to amend Schedule 1 to the Misuse of Drugs Act 1971 by removing the requirement on the Secretary of State to appoint to the Advisory Council on the Misuse of Drugs at least one person with wide and recent experience in each of six specified activities—medicine, dentistry, veterinary medicine, pharmacy, the pharmaceutical industry and chemistry—and persons with wide and recent experience of social problems connected with drugs.

I have to admit that to me the proposal to remove this requirement defies common sense and logic. It is hard to think of any better summary of the expertise that should be co-opted on to the Advisory Council on the Misuse of Drugs so that it is available to the Secretary of State and Ministers responsible for dealing with a major social problem. That is the immediate and narrow reason for moving my amendment, but there is a wider reason concerning the Misuse of Drugs Act 1971 itself, legislation that is now 40 years old and regarded by many who work in the field as being outdated and in need of urgent repair. Much of what I shall say now complements the amendments moved by my noble friend Lady Meacher.

The Act was introduced to replace a more liberal legal framework and to reflect United Nations treaties such as the Single Convention on Narcotic Drugs of 1961 and the developing US-led war on drugs. The debate on drugs laws has moved on since then, and questions have been raised as to the efficacy of the approach of the war on drugs, so it seems timely to revisit a law that was made in a very different climate.

The 1971 Act established the drug classification system as a basis on which to set levels of offence and punishment for possessing, supplying and using premises in relation to controlled drugs. The advisory council was established to provide scientific evidence of the harm done by each substance to enable Ministers to classify it on a scale of harm. However, the scientific basis of drugs classification has since been challenged and the fact that alcohol and tobacco, which score high on the level of harm that they do to people and society, are not included on the list of controlled drugs has been cited as evidence that social and political considerations influence policy-makers as much as scientific evidence. The proliferation of internet sales has also raised questions about the Government's ability to classify all drugs and the value of doing so when they can easily be adapted.

Criminalising the possession and use of drugs does not bring down crime or offending rates. On the contrary, it feeds them. Drug and alcohol dependency is a health problem, not a crime. Other than taking punitive action against dealers, drug-related crime is better dealt with by supporting recovery and tackling the interconnected problems that have contributed to drug misuse. Treating drugs as a health matter rather than a crime helps to reduce a range of harm to individuals, families and communities. That is at the heart of proposals in the Rehabilitation Revolution—the subject of the Ministry of Justice’s Legal Aid, Sentencing and Punishment of Offenders Bill. Drug misuse is closely associated with mental health problems and is often a response to other problems in a person's life, for which they cannot be held responsible, such as childhood neglect. To reflect this, there are clauses in the Department of Health’s Health and Social Care Bill and the Department for Work and Pensions’ Welfare Reform Bill on the treatment of misusers.

I mention all these to draw attention to the fact that the misuse of drugs is currently part of four separate Bills tabled by four separate ministries, all based on an out of date Act. It seems to have become a custom that, instead of producing single-issue Bills—such as the admirable one tabled by the noble Lord, Lord Marlesford, which we have just debated—ministries now table multi-issue monsters that dabble with a number of issues, rather than tackling one in detail. I submit to the Minister that, acknowledging that the reform of the Misuse of Drugs Act 1971 is essentially Home Office business, reform might be better done by tabling one Bill to revive that Act rather than via a variety of clauses in a variety of Bills tabled by a variety of ministries.

I therefore hope that the noble Baroness will feel able to accept my amendment in the spirit in which it is meant—not least in the interests of retaining the best advice, which will be essential in any reform process—and give the House an undertaking that urgent consideration will be given to both the reform of the 1971 Act and membership of the advisory council. I beg to move.

[Baroness Browning]

My Lords, the noble Lord will know that reform of the Misuse of Drugs Act is not in the Bill as a proposal, and I am not really in a position to be able to respond to him on his amendment today. Clearly, however, if there was a need to reform the Act itself, the Government would always be receptive to hearing the views that are being put forward on that, so while I have noted what he said about overall reform of the Act we would naturally need to have advice from wider quarters as well. I hope he will accept that I have heard and noted what he has said on that.

As for this amendment and its aim to retain the existing statutory nature of specified areas of expertise in the ACMD’s membership under the Misuse of Drugs Act 1971, the Government take a view that placing one area of expertise on a greater footing than others brings into question the need for the latter. Our proposals therefore place all ACMD members on an equal footing. We want to make the best use of our independent experts, the ACMD, in this challenging area of government policy. The scientific community was consulted about our proposal, which will give the ACMD's membership the flexibility to adapt to the modern challenges of the drug landscape. We have the full support of the Advisory Council on the Misuse of Drugs, with which we have developed a broader non-statutory list of expertise from which the ACMD’s membership will be predominantly drawn. This list is contained in the draft working protocol that was laid in the House Library on 1 April. It includes all six groups of expertise that are currently statutory.

The working protocol also sets out the future involvement of the ACMD in recruiting new members and the process by which we will secure the relevant expertise that is needed. It may be interest the House to know that we have received broad support for the change and our intent is to have non-statutory lists of expertise from the Academy of Medical Sciences, the British Academy, the British Society of Criminology, the Royal Pharmaceutical Society, the British Pharmacological Society and the Royal Society of Medicine, and the Science and Technology Committees of both Houses were also consulted. The committee of the noble Lord, Lord Krebs, welcomed the added flexibility to the ACMD’s membership.

The Government and the ACMD are prepared to be held to account on the terms of the protocol, so a final version will be laid in the Libraries of both Houses. I am not sure whether the noble Lord, Lord Ramsbotham, has had an opportunity to study that protocol and its proposals, but I hope that he will have taken reassurance from the wide scientific body that has supported the Government in these measures. On that basis, I ask him to withdraw the amendment.

[Lord Ramsbotham]

I am grateful to the Minister for her reply. Of course I accept what she says about the 1971 Act, and I admit that it would probably have been more appropriate to have raised the matter in Committee, if I had been able, rather than to leave it until this late stage. However, I am much reassured by the welcome she has given to possible suggestions about the renewal of the Act because I know that a number of people would like to put this forward. It is rather difficult at the moment to decide who should do so, as so many different aspects are being raised in different Bills. Perhaps this is something that we could discuss and then decide how it might be done

On the membership of the advisory council, I was not aware of the protocol and I have not seen it. However, I am much reassured that it exists and I am encouraged by the support for it, which the Minister described. I look forward to seeing it, and in that spirit I beg leave to withdraw the amendment.

Amendment 308 withdrawn.