Psychoactive Substances Bill [HL]

Lord Ramsbotham Excerpts

Tuesday 14th July 2015 Lords Chamber

[Lord Ramsbotham]

My Lords, I was very glad to hear the confirmation by my noble and learned friend Lord Hope of the possibility of the use of the word “synthetic”. I must admit that, having been slightly unhappy at the thought of the way this Bill might go, that thought was exacerbated by reading the annual report of the Chief Inspector of Prisons yesterday, in which he mentioned specifically the harm that was being done in our prisons by legal highs. That added speed to the need to do something about it. I was very glad that my noble friend Lady Meacher mentioned prisons because in addition to the police, the prison authorities need weapons in their hands so that they can take action against the people who are causing the harm with these substances.

[Lord Elton (Con)]

My Lords, I have a very small question to ask relating to the definition of harm, which is qualified by the word “social”. I wonder what in fact that constitutes. If a drug results merely in the inability of the user to sleep satisfactorily or if it interferes with his learning but does not, as a general effect, cause him to disrupt those about him, is it still a social harm? It seems to me that self-harm is a dangerous product of these drugs and it would be a great pity if individuals taking them were not protected when we have the opportunity to do so by a definition which included that which harms the individual as well as society. This is a lawyer’s question. I hope that the noble and learned Lord, Lord Hope, might be able to lay my fears to rest; otherwise, either the Minister or the mover will doubtless do so.

--- Later in debate ---

[Baroness Meacher]

My Lords, all that needs to be said has been said. I will simply express my support for these amendments, on the grounds that for a child of 14 to get a criminal record will be far more serious for them than any damage that might be done by some rather dubious psychoactive substance. That is not to say that I in any way support young people taking these things, but we know that they do. All the literature— certainly that from Portugal—suggests that avoiding a criminal record is an enormous plus for a young person; they are much more likely to remain with their studies and get a job when they leave school. It is therefore a very serious matter to include these activities, whether it is sharing a substance with a group of friends or some such activity. The Government designate such an activity as a criminal offence at their peril in terms of the longer-term consequences, as well as the probable long-term costs to the Government, of dysfunctional young people, unemployed people and people getting into a criminal lifestyle.

[Lord Ramsbotham]

My Lords, I, too, support these amendments but for a slightly different reason. I have a Private Member’s Bill, which I hope will come forward, to amend the Rehabilitation of Offenders Act. In it is something that I found when inspecting the prisons in Barbados. I found that at the age of 18 everyone’s criminal record was examined and everything except for violent and sexual offences was expunged so that a child did not take forward a criminal record after that age. I mention this merely because I think we ought to take very seriously the matter of people—particularly young people—taking forward into later life an early criminal record.

[Lord Hardie (CB)]

My Lords, I certainly sympathise with the observations of the noble Lord, Lord Ramsbotham, about the desirability of avoiding young people having convictions. However, I should like to take issue with the comment of the noble Baroness, Lady Meacher, about the prosecution of a 14 year-old. As a former Lord Advocate, I know that the prosecution will always take into account the circumstances of an offence. If we are faced with a 14 year-old who has supplied a psychoactive substance or cannabis to his friends, it is likely that there will be no prosecution—whatever his ethnic background,as far as the prosecution service in Scotland is concerned, I can assure the noble Lord, Lord Paddick, and I would be very surprised if the English prosecution service took a different view.

However, I am concerned about the introduction of the defence proposed by the noble Lord, Lord Paddick, because one has to have regard to all the circumstances of the offence. I speak having, about 18 months ago, received a communication from a mother who was separated from her husband. Her teenager son had gone to stay with his father for a weekend and he went to a head shop. He obtained a psychoactive substance and, sadly, as a result of that he died.

I am concerned about this amendment. Suppose someone supplies a psychoactive substance to his friend, the consequence of which is death—are we to say that there should always be a defence that he should not accept responsibility for the consequences of his act? I am not thinking of a 14 year-old. What about a 20, 30 or 40 year-old who supplies such a substance to a younger person who happens to be his friend and the consequence is death?

I share the view of the Home Secretary that this is a matter that ought to be left to the discretion of the prosecutor, taking into account all the circumstances. If a defence is open to an individual in any circumstances, that may mean that people who cause very serious damage to a family do not face up to the consequences. Therefore, I am against the amendment.