Psychoactive Substances Bill [HL]

Lord Richard Excerpts

Tuesday 23rd June 2015 Lords Chamber

[Lord Condon (CB)]

My Lords, I cannot support these amendments, not because I challenge the sincerity of those who wish to encourage wider debate about drugs and the value of criminalising or decriminalising them, but because I think this is the wrong Bill at the wrong time to try to bolt on this wider debate. There is a real mischief that needs to be dealt with now: the mischief of so-called legal highs, which, tragically too often, are lethal highs. Many families are grieving in this country because youngsters, in particular, have taken these substances and died as a result. The mischief that needs remedying as soon as possible is the spread of so-called head shops and other such shops in many of our major cities around the country. We are just getting into the serious music festival season. Many of those festivals will have the equivalent of head shops on open display. There is real confusion among many vulnerable, naive youngsters, who assume that, because there are head shops or stands at music festivals selling these substances, they must be medically safe.

I spoke yesterday to the chief constable of Hertfordshire, Andy Bliss, who leads for the police service on these issues, and the police are adamant that there is a real need for this legislation as soon as possible. So let there be a wider debate around the big issues of evidence, prohibition and legalising or not legalising drugs, but we need to deal now, laser-like, with this real and present mischief. Any attempt to make this Bill into a wider debate will dilute, probably defer and possibly damage our intent to deal with this real and present mischief. Although there is a need for this wider debate, I hope that it will not destroy the laser-like focus of this Bill, which deals with a real and imminent problem.

[Lord Richard (Lab)]

The specific terms of the amendment are:

“The Secretary of State shall commission an independent evidence-based review of the effectiveness of the Misuse of Drugs Act … and the implementation of the Act”,

and,

“The Secretary of State shall lay a copy of a report of the review before both Houses of Parliament within one year”.

Is the noble Lord saying that he approves of the amendment but does not think that it should be linked to the passage of this Act? If so, I would be grateful if he clarified that he is in favour now of an independent review of the way in which the Misuse of Drugs Act is actually operating.

[Lord Condon]

Certainly, I am not against such a review. It is for those who wish to make the case for it to put it forward and to find a mechanism for it to take place. I would very happily give evidence to such a review or assist in any way I could. The point I am making today is that, at the very least, there would be a 12-month delay, probably longer, and there is a pressing need to get legislation now to do something about the production, supply and distribution of these so-called legal highs, which, as I said, are lethal highs on some occasions and are killing young people.

--- Later in debate ---

[Lord Cormack]

May I just finish this point? On the whole, the suggestion that in your Lordships’ House it is better to have a thorough debate in Committee, give the Minister a chance to reflect and then come back on Report if necessary has a great deal to commend it. This afternoon, we have on the Bench to reply to this debate my noble friend Lord Bates. He may prove me wrong this afternoon, but I regard him as an exemplary Minister who has proved on many occasions that he truly listens to debate in your Lordships’ House and often comes back with genuine recognition and concession. I very much hope that he will listen to the debate this afternoon in that exemplary fashion and reply accordingly.

I have heard a whisper that there could be an attempt to divide your Lordships’ House this afternoon. I very much hope that that will not happen because this is a profoundly serious matter—literally a matter of life and death for some people. It is crucial that we should have full and thorough debate. It is through that that we have earned our reputation for scrutiny, critical examination and the improvement of legislation. We have a chance to do that in this Bill, which, like every Bill, is far from perfect and is certainly capable of improvement.

I conclude by saying that I believe the point made by the noble Lord, Lord Condon: we are seeking to tackle a specific issue and the Bill is tackling that issue. We should take no steps that would frustrate that, and certainly not frustrate it at this early stage.

[Lord Richard]

I put the same question that I asked the noble Lord, Lord Condon. I hear what he says about the relationship between the Bill and the general proposition in the amendment moved by the noble Lord, Lord Paddick, that there should be an independent review of the operation of the Misuse of Drugs Act. Does the noble Lord support that?

[Lord Cormack]

I would give a very similar answer to that given by the noble Lord, Lord Condon. He said that he acknowledges that there is a very good case for it, and so indeed do I.

--- Later in debate ---

[Lord Rosser]

I think I actually said that it is quite common in the legal highs market for legal high sellers— and there is more than one way of selling it—to send out samples of new psychoactive substances to existing customers and literally use human beings as guinea pigs, with no consideration of the consequences. I do not think that implies that everybody is doing that; it is saying that it is not uncommon for that to be the situation.

The evidence also shows how far behind the market we currently are. Substances were being banned following parliamentary debate earlier this year, when it had been known that sellers were sending out to potential customers samples likely to be toxic three years previously.

I wish to quote the Home Affairs Select Committee report, to which I referred earlier. I realise that some have already challenged this statement but it is set out in the Home Affairs Select Committee report. The report states:

“England and Wales has almost the lowest recorded level of drug use in the adult population since measurement began in 1996. Individuals reporting use of any drug in the last year fell significantly from 11.1% in 1996 to 8.9% in 2011–12. There was also a substantial fall in the use of cannabis from 9.5% in 1996 to 6.9% in 2011–12”.

That does not mean there is not still a problem, but the area where things have been going in the wrong direction, as identified in the report of the expert panel, has been as a result of the emergence of new psychoactive substances. The explosion of new psychoactive substances in the last few years is a unique phenomenon which warrants specific legislation. Some 670,000 young people in the UK were thought to have experimented with new psychoactive substances by 2013, and this is leading to an increase in deaths. To my knowledge, no new psychoactive substance which has been referred to the Advisory Council on the Misuse of Drugs has been found to be safe.

We are not in agreement with this group of amendments, which will delay the introduction of key parts of this Bill, including the blanket ban, when the need for action to address the growing issue of new psychoactive substances, including through education, prevention and treatment, is now.

[Lord Richard]

My Lords, for the third time, I ask the same question: if the link between delaying the Bill and the part of the relevant amendment which calls for an independent inquiry is broken, does the Labour Party support an independent inquiry into the operation of the Misuse of Drugs Act?

[Lord Rosser]

I can only say that I am not aware that it is currently Labour Party policy to press for such a review.