Psychoactive Substances Bill [HL]
Lord Rosser Excerpts(9 years, 3 months ago)
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Baroness Meacher
I wonder if it might help the Committee if the noble Lord withdrew Amendment 115 simply so that we can debate the need for a review of the Misuse of Drugs Act without setting it in the context of a delay to the psychoactive substances ban.
Lord Rosser (Lab)
I acknowledge the strength of feeling of many noble Lords on this issue but I hope we can all accept that, whatever our view, we all have the interests and protection of young people in particular in the forefront of our minds when discussing this group of amendments and the Bill as a whole. That is not the prerogative of one particular point of view. The effect of this group of amendments—certainly its intention—is to put back the commencement of most of the Bill’s provisions for, in reality, probably at least 18 months after the Bill has been passed.
The proposals in the Bill for a blanket ban on new psychoactive substances have been supported by the New Psychoactive Substances Review Expert Panel, whose report was called for by one Liberal Democrat Minister and accepted by another. The ban has also been supported by a similar panel in Scotland, the Health and Social Care Committee of the National Assembly for Wales, the Commons Home Affairs Select Committee, the Local Government Association, the police and the two largest political groupings in this House, including the Opposition, at the recent general election. The Liberal Democrats said that they would clamp down on those who produce and sell unregulated chemical highs. That all these organisations, committees and parties reached their conclusion in either the face of all the evidence or the absence of any evidence—as has been implied—is unlikely.
We need to start to tackle the issue of legal highs now. The United Kingdom now has the second largest legal highs market in the world, beaten only by America. We are the top country in Europe for emerging new psychoactive substances. Over the past four years, hundreds of new internet sellers have been established in the UK, along with an estimated hundreds of specialist high street head shops. Beyond this, an unknown number of other stores, including late-night garages and takeaways, have started selling these products. In short, an entire industry became fully established under the previous coalition Government, selling and marketing dangerous drugs largely aimed at young people, many of whom would not otherwise have considered experimenting with drugs.
It also appears quite common in the legal highs market for legal high sellers to send out samples of new psychoactive substances to existing customers and use human beings as guinea pigs with no consideration of the consequences. The evidence also shows how far behind the market we currently are.
Baroness Meacher
I thank the noble Lord for giving way. He says that head shops have no consideration for their customers. In our experience, head shops are the one outlet that do have to have some concern about their customers because, if they kill them or if they finish up in hospital, they will not come back for more and head shops will not make profits, which is what they are there to do. That is the one reason why, unpleasant though head shops are—and they are—if they were properly licensed and controlled, they would be rather better than the alternative: the black market.
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.
Lord Mackay of Clashfern (Con)
My Lords, it is wise to remind ourselves of what has been going on in relation to these substances in the past year or two. The system has been that, once a new substance is discovered, the procedures of the Misuse of Drugs Act have been used to add that substance to the prohibitions under that Act. It seems to me that the trouble with that is that it is very late in the day in relation to the emergence of the new substance. The purpose of this Bill, as I understand it, is to eliminate that particular difficulty and to make the provision operate in a general way so that you do not need to move, as in the past, during the emergence of a new psychoactive substance. So, that is what Parliament has been doing for some time. This seems to me to be a much better way to handle the problem than what has been available in the past.
Lord Mackay of Clashfern
My Lords, as far as I am concerned, the issues that have been raised in this debate are certainly ones that Ministers in the two departments would be well advised to consider. However, I wonder about the procedure that is proposed here for carrying out this amendment.
Amendment 50 states:
“Within six months of the passing of this Act, the Secretary of State shall make regulations to amend the Misuse of Drugs Regulations 2001”,
and so on. The procedure for that is already laid down. I doubt whether it is correct for another Act of Parliament, as it were, to overrule the arrangements made in relation to that. That is rather technical but it is perfectly reasonable that the matter should be looked at by the Ministers.
Lord Rosser
As has already been said, one assumes—though life is full of surprises—that the Government’s response will be in line with the Answer that was given in this Chamber on 17 June to an Oral Question from the noble Baroness, Lady Meacher.
This Bill deals with a particular issue—psychoactive substances—on which there is surely a need for specific separate legislation. The amendment we are discussing appears to be a considerable extension of the Bill, and an extension of the prescription of cannabis, which can be very harmful. One would not have thought that one would want to go down that road without clinical evidence and trials indicating that it was the right road to take and, if so, in what circumstances, for what drugs, and based on whose advice. No doubt I will be corrected if I am wrong, but I understand that at present the approach suggested in the amendment does not, for example, have the support of the Advisory Council on the Misuse of Drugs. Nevertheless, I await the Government’s response with interest.
Lord Bates
My Lords, first, I thank the noble Baroness, Lady Meacher, for giving us the opportunity to have this debate. In some senses, it is a rehearsal of our discussion following the Oral Question she asked in your Lordships’ House last week.
The Government’s position is that we have no plans to reschedule cannabis. There is clear scientific evidence that cannabis is a harmful drug which can damage people’s mental and physical health, and which can have a pernicious effect on communities.
Let me deal with a couple of the points that were raised in the debate. In responding to these amendments, I remind the Committee that cannabis is a controlled drug under the Misuse of Drugs Act 1971, and listed in Schedule 1 to the Misuse of Drugs Regulations 2001. The 1971 Act will continue to regulate the availability of controlled drugs, and Schedule 1 to the Bill specifically excludes drugs controlled under the 1971 Act.
To move herbal cannabis and cannabis resin to Schedule 2 to the 2001 regulations, and thereby enable their prescribing, would amount to a circumvention of the established evidence-based regulatory process that successive Governments have had in place to ensure that products made available in the UK as medicines are as safe and effective as possible. My noble friend Lord Ribeiro made the point about the importance of rigorous clinical trials.
Lord Blencathra
My Lords, I am sympathetic to the noble Baroness’s amendment. Of course, we need some monitoring information and we need information around effectiveness, but I am just not sure that the Home Office or a government department is the right body to produce such independent information. It may be, but I have my doubts.
My main concern about the noble Baroness’s amendment is the timescale. Having listened to the noble Lord, Lord Howarth, I am now very concerned about the timescale if the Government, or anyone else, attempted to report on the wide range of things he has suggested. I am not being facetious, but it struck me that compiling a report of the length that the noble Lord wants would probably end up taking longer than the new sexual abuse review by the distinguished New Zealand judge. I do not mean that as a facetious comment or to diminish the work she is doing.
The noble Lord, Lord Howarth, and many others in this Chamber have some experience in government. I think we know that if a government department were to produce a report within 12 months, it would have to be approved by the Cabinet at month 11. This is a territorial Bill and would need to go round all the territorial Governments in months 9 to 11 to be checked by them. It would need to go round the UK government departments in Whitehall, probably in month 8 or 9, to be amended by them, which means that the Minister in the Home Office, or wherever, would need the first draft in about month 6, which would mean that civil servants would start writing it in month 3.
I say to the Minister: if the Government have to produce a report, preparing one within 12 months of the Act would not be sensible. It would be impossible—no, it would not be impossible, but it would include only a fraction of the information that one would want. There may be merit in the Government producing a report, but not of the length that the noble Lord, Lord Howarth, has suggested and certainly not within the 12-month timescale.
Lord Rosser
We have an amendment in this group and it is not about post-legislative scrutiny. It calls for the Secretary of State to publish an annual report on new psychoactive substances and sets out some of the information that must be included in the report.
There is currently a real lack of data collected and published on new psychoactive substances and their impact. For example, the first indication of a new drug tends to come from a hospital admission. If this happens in the United Kingdom, the National Poisons Information Service is informed and it then advises the European Monitoring Centre for Drugs and Drugs Addiction. The EMCDDA tells the National Poisons Information Service of drugs detected elsewhere in Europe. However, the Home Office keeps its own lists, the main one being the forensic early warning system, and, to date, successive Ministers have been unable to explain the relationship between the EMCDDA list and the Home Office list, which suggests that data are not being collected and published in a consistent or helpful way. Similar problems arise with monitoring drug-related deaths and overdoses. No proper data are collected on drug deaths as the data we have rely on examining countless records, which is why they are often incomplete and take years to publish.
There is a significant problem, too, with hospital admissions. The National Poisons Information Service collects new drugs but does not collect data on all drug- related overdoes. We do not know how many hospital admissions result from taking these new substances. Nor do we know in how many cases new psychoactive substances were a factor for those needing to access mental health services. Anecdotal evidence suggests that legal highs are a major factor, especially for adolescent mental health services.
In their response to the expert panel, the Government accepted the importance of information on new psychoactive substances and that it should be shared systematically at both a local and national level in a timely manner. However, the Government did not appear to accept the current inadequacies in the information, including those to which I have referred.
The expert panel said that, with the rise in the availability of NPSs, coupled with possibilities for NPS market development via the internet, the UK drug scene had become increasingly complex and fractured, and that a number of information issues arose from this. These included,
“the difficulty for any one agency to keep to keep abreast of all the new developments … the acknowledgement that the Misuse of Drugs Act 1971 needs to be supplemented by other legislation has meant that more professional networks require information including trading standards … the current time lags involved between data collection and publication of data obtained by current networks mean these systems cannot be employed in the service of providing more timely early-warning-type information; and … the 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”.
Frankly, the Government’s response did not address all these issues since there seems to be a view that the forensic early warning system’s annual report can fit the bill. In its recommendations, the expert panel says:
“There is a need to establish prevalence, evidence and harms associated with NPS”.
It suggests that we should:
“Develop detection and data collection tools across criminal justice and health services, and other relevant settings, for example, schools and universities”.
A recommendation refers to developing,
“internet tools to monitor internet activity around NPS”,
and to the need to:
“Record health and social harms related to NPS by utilising professional networks and other early warning systems … understand local markets, including through headshops, retail outlets, prisons and local police assessment”.
On enhancing the share of information on NPSs, the panel said:
“Sharing information at both local and national levels is essential in helping to achieve a reduction in the demand and supply of drugs and in promoting comprehensive and effective interventions”.
It is fairly clear from the report of the expert panel that it does not think enough is currently being done in the area of the provision of information. The purpose of this amendment, as I said at the beginning, is to provide for the Secretary of State to publish an annual report on new psychoactive substances. The amendment sets out, in not quite so extensive a list as that of my noble friend Lord Howarth of Newport, some of the information that should be included in that report.
I hope the Minister will reflect further on this issue—the importance of information on NPSs—and the adequacy of the current information and the systems and methods by which it is provided. Our amendment gives the Minister the opportunity to do just that and I hope it is an opportunity she will take.
Lord Paddick
My Lords, I waited until this moment to speak because it seemed unfair to comment on the amendment in the name of the noble Lord, Lord Rosser, without his having spoken to it first. I have some sympathy with what the Labour Party is proposing, but I prefer Amendments 4 and 6 proposed by the noble Baroness, Lady Meacher, for the very reason that she articulated. The market for new psychoactive substances and that for other substances covered by the Misuse of Drugs Act cannot be treated as separate. The whole reason for the existence of new psychoactive substances is the controlling of other drugs. There would be no need for people to develop so-called legal highs if they could get the high legally from controlled drugs. It is essential that the annual report includes exactly what the noble Baroness proposes: an assessment of the impact on health and the social harms brought about by the Misuse of Drugs Act and this Bill.
The noble Lord, Lord Howarth of Newport, gave a long list of things that could be included in the report. If everything he suggested was included, it might not only put the Government off producing the report but put me off reading it or trying to wade through it. I agree with the noble and learned Lord, Lord Mackay of Clashfern, that post-legislative scrutiny of a Bill such as this by a Joint Committee of both Houses would be appropriate, but it should not mean that there should not also be an annual report, because things are changing so quickly. We have heard from other noble Lords about how different drugs come into mode and out again. We therefore need an annual assessment of whether the legislation is still fit for purpose.
Lord Rosser
Before the noble Baroness tells us what she wishes to do with her amendment, I want to say that I do not think that the issues raised in Amendment 105 will need three years. They are about the collection of basic data, where we appear to have a distinct weakness, which was identified by the expert panel and was the subject of recommendations by that panel. Why do we need to wait so long to address an issue of concern to the expert panel; that is, the lack of data?
Baroness Chisholm of Owlpen
The noble Lord is right: I was rather remiss in not saying that I was sympathetic to his views on this issue, and I apologise. We will certainly consider it between now and Report.
Lord Bates
That is a good point. There are a number of ways. Perhaps I may make the point that I have been trying to set out the terms so that a future reader of the Official Report may actually be able to deduce—I will be careful here—what the Government intended when they set out the definition in this particular way. The noble Lord’s intervention is entirely appropriate and I do have an answer which I will give to him, but I want to make sure that we do not lose the flow of what underlies this, which is the rationale behind the definition.
There are a number of ways, and these include data based on a human user’s experience, argument by analogy and in vitro neurochemical profiling. Working with the Centre for Applied Science and Technology at the Home Office, we will identify and build the capability in the UK to meet the demand for this new forensic requirement, as well as working with the Office of the Forensic Science Regulator to ensure that the high standard of quality that forensic evidence meets is maintained.
The Home Secretary has written to the Advisory Council on the Misuse of Drugs seeking its views on how we can strengthen the UK’s forensic capacity and capability to support the implementation of the legislation. We remain ready to consider carefully any recommendations the council may have about other aspects of the Bill. We will continue with the forensic early warning system, which has enabled forensic providers more easily to identify new psychoactive substances coming on to the UK market through the provision of reference standards and establishing a new psychoactive substances community. I am sure that that has entirely answered the noble Lord’s point.
Lord Rosser
It seems to me that this is a fairly crucial part of the Bill because the argument, quite rightly under the present procedure, is the length of time it takes to ban a psychoactive substance. I have listened with interest to what the Minister has said, and I suspect he has listened with interest to what he has been reading out—I am not trying to be rude; I mean that. But what is really needed is an indication of how long it is going to take to ban one of these substances as compared with the current procedure. What the Minister has said does not help me form a view on how long it will take to ban such a substance in the future, compared with the current situation, and that surely is the key aim of the Bill: being able to ban these substances with a degree of rapidity.
Lord Bates
That is so, and many a true word is often spoken in jest—such as when the noble Lord talked about my going through the answer which has been provided. I accept that the key point here, which the noble Lord, Lord Harris, was getting at, is to look at how a police officer would actually start the process of gauging whether a person was being disorderly, search them in the belief that they are in the possession of a new psychoactive substance, and then, if they find something, how it will be determined whether that substance is banned. I am going through the process whereby the substance will have to be sent to the lab, where it will be tested for certain chemical compounds which might be on a list or subject to a temporary banning order.
What we are saying is that a different approach will be taken in the future. We are setting up a very broad definition in order to avoid the constant race to hybrids and changes which officers are facing on the street. We arrive at a definition which is set on one day, but the substance has miraculously morphed into something else the next day and gets through the loophole. What we are dealing with here is a definition of the effect which a substance has or is intended to have on the person who is in receipt of it.
If I make a little more progress on my brief, the position might become clearer. The nature of this point is our experience of the loophole, which I have covered. There are any number of natural products, which takes me to Amendment 9. The amendment seeks to import the definition of a psychoactive substance used by the Republic of Ireland in its Criminal Justice (Psychoactive Substances) Act 2010. Indeed, we used the same definition as a starting point. As the Committee might imagine, during the drafting of the Bill we discussed the definition with counterparts in Ireland, and in Australia and New Zealand, and with scientific and law enforcement experts. Following this advice, we have retained the core elements of the Irish definition, but have sought to refine it to make it more concise.
Psychoactive Substances Bill [HL]
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Lord Kirkwood of Kirkhope (LD)
Can I make a short intervention to support Amendment 13 in the name of the noble Lord, Lord Howarth of Newport? I agree absolutely with the noble Lord, Lord Blencathra, that you need reformed addicts and the like to be effective in these circumstances. I have some experience working with the Wise Group in Glasgow, where Routes out of Prison takes reformed prisoners—people who have been on the inside—and meets prisoners coming out. There is no doubt that the vital connection between those who have been in that bad place and traded themselves out of it, and the totality of both phases, is very compelling and captivates young people of secondary school age in particular in a way that nothing else can, so education of that kind is essential in my view. However, there are not enough people with sufficient experience to do it. The voluntary sector is very good in some parts of the country but in others it is patchy. Further, if this is a good idea and there are workable ways of delivering it without men in suits being involved, we need a quantum of money to make it work sensibly. It is astonishing that the last Government fessed up to spending only £180,000 in this area. I think that figure applies only to England. I must check with my Scottish contacts to find out whether they spent a tenth of that, or whatever it was. That really is a de minimis amount of money. Indeed, I think that even £7 million is a de minimis amount of money.
The noble Lord, Lord Norton, is absolutely right to say that this proposed new clause stands on its own but if the Government are really taking a blanket-ban approach—I agree with my noble friends on the Front Bench that that is not the appropriate way to go—I would be consoled if there was an important, big, well-funded and properly constructed education package that went with this approach, because I think it would have an impact. However, you cannot do it for £180,000 a year. As we all know and expect, the impact assessment talks about effects on business, and all these things are important. However, if we are going to make this a reality and make it work, we need to be thinking over the period of the rest of the Parliament of seriously increasing the resources devoted to the measures proposed in this amendment.
My final point concerns the troubled families programme—it is a horrible name—about which I know a little and which was mentioned in passing by the noble Lord, Lord Howarth of Newport. It is also another way into this issue because a lot of the trouble in troubled families comes from youngsters who are out of control. These families contain a lot of single mothers in difficult circumstances and low-income households. These people struggle to access help. They will be the first to identify the problem with their teenage children and will be the first to seek help. Therefore, I think the troubled families programme would be another avenue through which to release resources effectively to confront some of these dangerous substances. If we are thinking about introducing a provision something like what is proposed in the new clause in Amendment 13 at later stages of the Bill, we need to think seriously about how to resource it adequately without being stupid about it. I am not daft; there is obviously an austerity constraint on everyone but we should all think about what constitutes a meaningful annual spend before the later stages of the Bill are completed.
Lord Rosser (Lab)
My noble friend Lord Tunnicliffe and I have tabled the second amendment in this group. The first amendment, which we have been discussing, relates to education in secondary schools. Our amendment provides for the Secretary of State to,
“establish a scheme to promote public awareness of new psychoactive substances, including the dangers these substances may pose”,
and to provide an annual report to Parliament. The amendment lists some of the issues that must be included in the report.
The expert panel report included recommendations on education and awareness. What is needed is a targeted public awareness campaign for young people and one specifically for parents, an evaluation of current education programmes, investment more generally in drugs education in schools and new psychoactive substances training for front-line staff. A comprehensive prevention campaign should include Public Health England, which should run a targeted campaign to alert people to the dangers of these drugs and to counter the myth that “legal” means “safe”. That campaign needs also to include the targeting of young people through social media.
Lord Bates
The noble Lord is a very experienced parliamentarian, and tempts me to speak about matters of finance, which is a big challenge. I do not want to dodge the question, but will just put it this way: some clear commitments have been made about what we are doing in the Bill and what we want to achieve through it, and we see education as being a key part of that. Therefore, resources will have to be allocated to ensure that those things happen, and that will be reviewed. That is probably about as far as I can go at present on education, but I am sure we will return to it at later stages of the Bill as it goes through your Lordships’ House and following the meeting I referred to. I certainly undertake to communicate the content of this debate to my colleagues in the Department for Education and the Department of Health.
Lord Rosser
In that response, is the Minister ruling out any reference in the Bill to education, training and prevention and a report on what is actually happening in that field in relation to new psychoactive substances? The Minister has accepted—or rather, I am sure it has always been his view—that legislation alone is not enough and that education, training and prevention are vital too. It would seem quite appropriate to have some reference to that in the Bill.
Lord Bates
I understand where the noble Lord is coming from, and we will look at this. 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.
North of England: Transport
Lord Rosser Excerpts(9 years, 3 months ago)
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Lord Rosser (Lab)
The Minister, whom I welcome to his first major transport debate, has painted a glowing picture of the transformation of the north of England which it is hoped will occur as a result of extensive projected transport improvements for passenger and freight traffic—primarily, but certainly not exclusively, rail services. A large number of points have been raised and questions asked in a series of fascinating and thoughtful contributions based on considerable first-hand knowledge and experience.
The objective according to the Government’s report some three months ago on the northern transport strategy is to create a single economy across the north, or, to use the words in the report:
“Our strategy is about using transport to aid change in future patterns of land use and economic growth, with the goal of creating a single economy in the North”.
No specific, single definition is given in the report of what a single economy across the north actually means. How, therefore, will anyone know exactly what is being sought and how will it be possible to say, at some stage in the future, whether it has or has not been achieved? Does a single economy across the north have the objective that gross value added will be the same across the different city regions in the north? Does it mean that levels of pay will be the same for similar jobs? Does it mean that levels of investment will be similar across each of the city regions? Does it mean that job opportunities will be the same? Does it mean that social inequalities will be narrowed? What exactly does it mean? No doubt the Minister will tell us in his reply and perhaps also say whether the Government think that, from the point of view of those who live there, London and the south-east, with its many different economic hubs—Croydon, Harrow, Brighton, Stratford, Rochester and Chatham, Reading, for example—is currently a single economy in line with the use of the term in the Government’s 2015 report on the northern transport strategy.
I suspect the phrase is, in reality, a bit of jargon for saying that city regions in the north should be looked at together and as one when it comes to major economic investment, planning and infrastructure decisions and that, as a result of doing this, it is hoped that economic growth will be greater than would otherwise be the case. The Government have come to the conclusion that if the northern economy grows in line with official forecasts for the average across the United Kingdom between now and 2030, its GVA, or gross value added, will be £56 billion higher in nominal terms, or £44 billion higher in real terms, than if it grows at its historic average.
What proportion of this potential increase in value would be dependent on improved transport links of the kind proposed is not clear. Indeed, there is not yet a proper economic or cost-benefit analysis of the differing proposed new or improved transport links in the documentation currently available. No doubt the Minister will tell us the Government’s intentions and what the timetable is for providing this information. The documentation also does not identify, for example, what journeys will be made possible that cannot be made today or what the economic impact of this aspect of improved transport infrastructure will be.
The Government’s report talks about significant improvements in both the speed and frequency of rail services between the city regions and city centre to city centre, and improvements in the east-west road network. However, the report, which implies that London and the south-east is the gold standard, does not make it clear whether, in terms of speed and frequency, rail services in London and the south-east and the main road network are regarded as the level to be aimed for between the northern city regions; or whether rail links and the principal road network in London and the south-east are likewise regarded by the Government as a drag on economic growth in that part of the country as well.
Earlier this week, it was reported that less than 50% of Southern services carrying passengers from south London, Sussex, Kent and Surrey arrived on time in the first three months of this year, albeit that the major works at London Bridge would have had a big impact on this figure. The March 2015 report on the northern transport strategy refers to the importance of:
“Better commuting opportunities to the centres of economic activity”.
Are the commuting opportunities in London and the south-east regarded as the goal which the city regions in the north should seek to achieve, or are we talking about providing rail services which will be significantly better in speed and frequency than those in London and the south-east?
The Government’s report is pretty thin—three pages out of 41—when it comes to improving commuter journeys in the city regions in the north, since it seems geared more to transport links between the city regions than to improving transport journeys for commuting, educational and leisure purposes to and from the suburbs and hinterland of each city region. That omission no doubt explains why the report is largely silent about improvements to bus services, both between and within city regions. Even in the three pages entitled “Our Plan for Local Connectivity”, the word “bus” appears just three times. There are no specific new or improved future local transport developments identified in those three pages for any of the city regions in the north.
It is fine to seek to improve transport links between our northern cities, but encouraging the development of new business and attracting it is not just dependent on the speed and frequency of city centre to city centre journeys. It is dependent on how easily people can move around within those city regions, to and from their places of work or education. What are the Government’s intentions for providing new suburban rail and metro services or new tram links and fast busways, for example, within the city regions? Not much has been said about this key issue, so is it the Government’s view that existing transport links within the different northern city regions are as good as they need to be, and that they will be able to meet the presumably increased demand levels if, and when, the improved transport links between the city regions set out in the Government’s March 2015 document have been delivered?
Neither does the report even touch on the levels of financial support for the construction of the improved transport links or for their operation once constructed. It is no good having improved transport links if the fares have to be set at levels which deter people from making the journeys that would achieve the increased mobility between the different city regions in the north, which appears to be a key objective of the strategy. To do this means that expenditure has to relate to providing the infrastructure for projected levels of travel during the peak, which will impact on costs. To what extent do the Government expect improved transport links to be self-financing, as opposed to financially supported? Is it intended that the level of subsidy will be similar to that in London and the south-east, including in particular that for bus services in London?
While there is clearly much merit in improving rail links between the city regions in the north, one hopes that when it comes to any new high-speed routes, the process will be handled with a little more sensitivity than it has with at least some parts of the HS2 route. The Government’s March 2015 report talks about the option for a new high-speed line between Liverpool and Manchester, with a connection to the proposed HS2 network, a new trans-Pennine road tunnel and an,
“option … of creating a new rail alignment between Manchester and Sheffield”.
It also says that:
“All options for moving towards the 30 minute”,
rail journey between Manchester and Leeds are being considered. We are having this debate during a week when very strong representations are being made to the Commons HS2 Select Committee on the adverse impact on the lives of residents in some parts of the London Borough of Hillingdon—close to where I also have a house—of the construction of HS2 and the continuing likely impact once the line is open on its intended route. It will also result in the almost certain end of a major outdoor activity centre, used mainly by young people, that provides opportunities to experience sailing and rowing, since the HS2 route goes right across the middle of it. Whether the Department for Culture, Media and Sport is in reality lifting a finger to try to save or, more realistically, relocate this important facility, is far from clear.
The reason for making this point—and it is being made by someone who supports HS2—is that, if you do not work hard to address the concerns of those who feel directly threatened by a major new transport project, you will get legal action, lengthy challenges and delays, and negative publicity for the project as a whole. People faced with upheaval on their doorstep from the construction of a major new transport link that will provide no benefit to them—if it is a high-speed rail link, there is to be no nearby station that will enable them even to use the new line when it is completed; alternatively, if it is a new motorway link, there is no nearby junction giving them access to it—are inevitably going to view it all in a negative light. Serious consideration needs to be given to mitigating significantly the adverse impacts. A perceived attitude, whether fair or unfair, of a lack of concern about the impact on those most affected on the part of the body responsible for the planning of the project and public consultation only makes the situation worse. I hope that such points will be borne in mind in considering major new transport projects as part of the northern transport strategy.
At the moment, the Government’s northern transport strategy is not much further advanced than the proverbial back of a cigarette packet. As the report itself says, it is a vision and, at present, nothing more. The solid, researched analysis to support it is not there; nor is it even a vision for a total transport plan for the city regions of the north, since transport within each city region is effectively ignored, even though it is the part of the transport system that is most used. One assumes that the Government will seek to rectify this somewhat glaring omission, since one of the objectives of the new single body, Transport for the North, is stated as being to ensure that national and local bodies can work together. Can the Minister confirm that the reference in the report to the Government making,
“a multi-year commitment of funds to transport in the North”,
includes funds for improving the transport infrastructure and services within each city region as well as between city regions—or is it the Government’s intention that there will be a demarcation line in financing and decision-making between transport links between city regions in the north and transport links and services within those city regions?
Having said that, we welcome the broad intentions and objectives for improving transport in the north, as set out in the strategy or vision. No one can be opposed to improving transport links, which makes economic and social sense and is also intended to improve the quality of life of all parts and sections of the community. Only time will tell the extent to which the intentions and objectives of the northern transport strategy are achieved. It will be determined by the amount of money made available, and public sector-led investment over each of the next five years by this Government will be not much more than half what it was six years ago under the then Government. It will be determined by the levels of co-operation between the different authorities and bodies involved; the thoroughness with which the economic appraisals and cost-benefit analyses are undertaken, to ensure that future investment is made where it will provide the greatest benefit, whether economic, social, or both; the extent to which people in the northern city regions feel that the proposed improved transport links will be of direct benefit to them, their standard of living and their quality of life; and the extent to which they can actually influence the decisions that are made as opposed to decisions being imposed on them.
If the northern transport strategy can play a part in bringing a better balance to the economy of our nation, it will achieve something worth while. But we need to remember that a “vision”, which is not much further advanced than just that, does not constitute a strategy that has yet been fully thought through or that will definitely be delivered, however desirable that vision may be.
Anderson Report
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Lord Rosser (Lab)
I thank the Minister for repeating the Statement made earlier in the other place. I certainly endorse the comments that he made at the end about the work of those in the intelligence and law enforcement community, who are there to protect us and whose successes, as he said, often go unrecognised.
We welcome the report by David Anderson QC, the Independent Reviewer of Terrorism Legislation, into the operation and regulation of law enforcement and agency investigatory powers. It is a report which the shadow Home Secretary called for when emergency legislation was being debated last summer, since we believe that the current legislative framework is no longer fit for purpose. While technology has moved on, the same cannot be said for either the law or the oversight arrangements. Reforms are needed, and we need to get them right in order to protect both our liberty and our security when addressing the threats we face.
In media broadcasts the independent reviewer has given today, he said that there are two problems with the law in this area as it stands. The first is that no one can understand it since it is spread over 64 Acts of Parliament, which have also proved variable in their application. The second is that there is a need for stronger safeguards and protections. For example, instead of it being the Home Secretary who decides whether you can tap the telephone of a suspected drug dealer or terrorist, it should be for a judge to do so, in order that it can be seen to be done in a proper and independent fashion. It seems that last year the Home Secretary authorised some 2,345 warrants. According to the report of one interview David Anderson has given, the Home Secretary has, in his view, effectively been doing this in her spare time when not running the department. Whether the Home Secretary shares the concerns of the independent reviewer about the workload imposed on her by having to decide whether to authorise all these warrants is no doubt something on which the Minister will be able to enlighten us, but I have a feeling that Mr Anderson thinks that warrants should be authorised by a judge—full stop—rather than having concerns over the workload it involves for either this Home Secretary or indeed any other Home Secretary.
Proportionate surveillance and interception saves lives and averts and disrupts terror attacks and other major crimes. There is no doubt that these powers are needed and we cannot allow the sunset clause on the existing powers to lapse at the end of next year without having new legislation in place. However, strong powers need strong checks and balances, including effective oversight of the way the system works. Public acceptance of the need for such powers will be diminished if there is a belief that they are being abused for purposes that impinge on our privacy, and for which they were neither intended, nor for which authorisation for their use has been given.
We have to ensure that we put arrangements in place to address the concerns that personal privacy can be invaded without justification and proper prior authorisation. We welcome the proposals in the independent reviewer’s report to strengthen oversight that involve a new and stronger independent surveillance and intelligence commission, merging the existing system of commissioner, and of course introducing judicial authorisation of warrants. Do the Government also welcome these proposals?
The independent reviewer has also concluded that there should be no question of progressing proposals for the compulsory retention of third-party data before a compelling operational case for it has been made out, which he says it has not been to date. Is that recommendation in line with the thinking of the Home Secretary? We welcome the Government’s decision that a draft investigatory powers Bill—presumably based on David Anderson’s report, although perhaps the Minister can confirm that that will be the case—will be subject to pre-legislative scrutiny by a Joint Committee of both Houses. I hope that the Government will also provide time for a full debate on the Anderson report in this House so that all Members have the opportunity to contribute. I hope also that the Government will seek to promote this among the public at large as well, to help ensure that there is the widest possible consent and thus legitimacy for the new framework. Will the Government provide for such a debate?
The digital age is a source of freedom and opportunity but, as we have seen, it brings new challenges from new crimes and new threats to our security that are extensive and go well beyond the horrors of terrorism. We have to ensure that those whose responsibility it is to protect us and keep us safe have the necessary powers to do the job in the changing technological environment in which we live today, while ensuring that those powers are used only for the purposes authorised and intended, and not at the expense of the liberty and privacy of the public at large. We welcome the report by David Anderson, which will help us to do this and ensure that in the key areas of security, privacy and countering the many different threats we face, our very different digital age from that we have known in the past actually serves the interests of the public and our democracy rather than proves to be our master.
Lord Paddick (LD)
My Lords, I thank the Minister for repeating the Statement. As he just said, this is one of a suite of reports commissioned by the previous coalition Government into investigatory powers; it is a very important one by the Independent Reviewer of Terrorism Legislation.
On first reading, it appears to be a fair and balanced report. While some may have preferred there to be no state intrusion into people’s privacy, we on these Benches understand that there needs to be a balance between the powers given to the police and to the security services, and the right to privacy and the upholding of individuals’ civil liberties. It is for the police and the security services to argue for more powers, for civil libertarians to argue for fewer, and for us as politicians objectively to decide where the balance properly lies.
The Home Secretary, in her Statement, lists a whole range of potential threats, concluding that,
“we have a duty to ensure that the agencies whose job it is to keep us safe have the powers they need to do the job”.
As a consequence of what the right honourable Member said in the other place, I am concerned that the Government are already biased in favour of the state and against the individual. Thankfully, David Anderson is having none of it and neither should we. Along with consideration of the threats that we face as a country, will the Government consider a digital Bill of Rights to give citizens a clear and unambiguous understanding of where their rights lie and what protections they have against state intrusion? Will the Minister also agree with David Anderson that,
“there should be no question of progressing proposals for the compulsory retention of third party data before a compelling operational case … has been made”,
for it, and agree with him that this case has not been made to date?
The fact is, the draft communications data Bill, to give it its correct title, is hopelessly out of date and can no longer deliver what the police and the security services need while massively intruding into people’s privacy—all pain and no gain. The right honourable member for Sheffield Hallam when he was Deputy Prime Minister took a lot of flak for blocking legislation that required the retention of third-party data. Would the Minister not agree that David Anderson, in his report, agrees with Nick Clegg and the Liberal Democrat position on what some have called the “snoopers’ charter”, even if he cannot bring himself to say that he agrees with Nick?
David Anderson recognises that the Regulation of Investigatory Powers Act is no longer fit for purpose, and we welcome the Government’s approach that there should be a pre-legislative committee of both Houses to look at its successor. Will the Minister confirm that such a committee will be given access to all relevant information to enable it to make a proper judgment on the Government’s proposals?
Finally, we strongly support David Anderson’s recommendation that intercept warrants should be judicially authorised by specialist judicial commissioners, rather than by government Ministers. Surely it is for the police and the security services to decide whether applying for such a warrant is necessary in the interest of national security and it should be for judges to decide whether such action is lawful. Will the Minister give an undertaking that, pending a change in the legislation, the Government will operate within the spirit of the independent reviewer’s recommendations by ensuring that the Secretary of State consults the existing surveillance commissioners prior to authorising such warrants?
Psychoactive Substances Bill [HL]
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Lord Rosser (Lab)
I thank the Minister for his explanation of the objectives and purpose of the Bill and the reasons why the Government consider it necessary. In line with a commitment we gave in our manifesto for the general election last month, we support the Bill’s general approach to the increasing concern over new psychoactive substances and their effects, which it seeks to address. The proposed law is very much an extension of what we proposed in 2013 in an amendment to the then Anti-social Behaviour, Crime and Policing Bill, which would have made it an offence to supply and sell new psychoactive substances in high street head shops. When the amendment was debated in this House it was, if my memory serves me right, not exactly received with universal acclamation. We will need to discuss the detail of the Bill and its proposed means—and their effectiveness, or otherwise—of achieving the desired goals.
Over the last seven years or so, in particular, we have seen the emergence of new psychoactive substances or “legal highs” intended to produce the same effects as drugs controlled by the Misuse of Drugs Act 1971, including cannabis, cocaine and ecstasy. The chemicals in these substances are often neither legal nor safe for human consumption. They can be difficult to identify because of their diversity and the relative ease and speed with which they are developed to replace drugs that are controlled, or have become controlled, under the 1971 Act. Chemical structures can simply be modified to create a new substance that is outside any existing drug controls. Many new legal highs are legal only because they have not yet been assessed for the harm that they can do and, thus, for control under the 1971 Act—not because they have been deemed safe to use.
According to the European Monitoring Centre for Drugs and Drug Addiction, 101 new substances were identified in the European Union in 2014, up from 24 in 2009. Deaths related to legal highs have also risen, as the Minister said, up from 26 in 2009 to 60 in 2013 in England and Wales. As the Minister also said, an expert panel was appointed in December 2013 to undertake a review into new psychoactive substances. It reported in September last year and concluded that the current legislative approach in this country, including the Misuse of Drugs Act 1971, was unlikely to get ahead of developments in the new psychoactive substances market, bearing in mind how quickly such new substances appear. The panel considered a number of options and came to the recommendation that the Government should legislate to prohibit the distribution of non-controlled new psychoactive substances, focusing on the means and channels of supply rather than on those using such substances.
It is in the light of the panel’s recommendation that the Government have proposed in the Bill that there should be a blanket ban on the production, sale and supply of psychoactive substances in the United Kingdom. The Bill makes it an offence to do so, but it also provides for four civil sanctions to enable police and local authorities to adopt a graded response over these matters in appropriate cases. The Bill does not make possession of such substances an offence. Clearly, with the provision for a graded response, the guidelines given to the police and local authorities on how it should be exercised will be crucial if we are to achieve some sort of consistency, and to address concerns already expressed in the media and elsewhere that items or activities that one would not have thought would be covered by the ban might be caught by it. Will the Minister say whether the Bill also has the support of his department’s Advisory Council on the Misuse of Drugs and confirm that the Department of Health also agrees with the approach and measures in the Bill?
The Bill defines a psychoactive substance as,
“any substance … capable of producing a psychoactive effect in a person”.
It then provides that,
“a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state”.
Since this is an effect of psychoactive substances, the Government expect that the Bill, with its blanket ban, will overcome the problem of the inevitable time lag between a new substance coming on to the market and completing the lengthy and time-consuming required process—including securing evidence that physical or social harm has actually been caused—to ban each new substance identified on an individual or group basis under the 1971 Act.
The Minister’s introduction was restrained, measured and clear about whom the Bill is intended to protect and help. Unfortunately, the same cannot be said about some of the documentation that has emanated from government sources. The Government’s summary of the Queen’s Speech dated 27 May 2015 stated that the purpose of the Bill—and one of only two purposes listed—is to,
“protect hard-working citizens from the risks posted by untested, unknown and potential harmful drugs”.
Note that it was not a case of protecting citizens but of protecting “hard-working citizens”. The part of the document in which this reference is to be found has come from the Home Office. Unless the Minister is going to dissociate himself from the wording, perhaps when he responds to the debate he will indicate which citizens the Government do not regard as “hard-working” so that we can all be clear on precisely who is not covered by the Bill in the eyes of the Home Office. Perhaps he could then tell us why the Home Office thinks that the purpose of the Bill is specifically to “protect hard-working citizens” when, as is pointed out in the Explanatory Notes—the Minister has confirmed this today—the Government’s election manifesto commitment was to create a blanket ban,
“protecting young people from exposure to so-called ‘legal highs’”.
Most of us would have hoped that the Bill was designed to protect everyone irrespective of age or some subjective judgment on whether they are or are not “hard-working”.
I would like to raise some points about the provisions of the Bill and my noble friend Lord Tunnicliffe will raise further points later.
The Bill is not dissimilar to legislation passed in the Republic of Ireland—namely its Criminal Justice (Psychoactive Substances) Act 2010. In the three months following the implementation of that Act, the number of head shops fell from about 100 to just six—as I say, in a period of three months. All Irish-based websites supplying new psychoactive substances also shut down. The Government’s impact assessment for this Bill, in referring to the Republic of Ireland, states:
“No formal evaluation of the impact of the legislation has been undertaken”,
and that prevalence data for 2014-15 will be available in 2015 allowing for,
“a comparison of trends in NPS use since 2010/2011”.
Can the Minister provide us with any information on the impact that the legislation in the Republic of Ireland has had on the usage of new psychoactive substances in that country, since the main purpose of such legislation, and indeed of this Bill in the United Kingdom, must be to reduce the NPS market, and thus the numbers of people who suffer as a result of taking these substances? Is the experience of the impact of the legislation in the Republic of Ireland positive in respect of usage in addition to its impact on head shops and websites? What impact on usage of NPSs do the Government estimate this Bill will have in the United Kingdom? To what extent do the Government consider that the Bill will lead to the market in NPSs going underground, with the potential risks that that might involve? What is the experience in the Republic of Ireland in regard to the supply going underground as a result of its 2010 Act?
In respect of websites and online selling, what steps will the Government take to reduce sales of these substances to people in this country, via websites and online, from outside this country? Are discussions taking place with other Governments to address this point? Will the offence under the Bill of importing or exporting such substances fit with existing EU directives?
The Bill provides for listed substances which are capable of producing a psychoactive effect to be exempt from the Bill, either because they are already controlled through existing legislation, such as alcohol, tobacco or medicines, or because their psychoactive effect is negligible, such as caffeine. Is it the Government’s intention that it should be possible to add to this list of substances that are exempt from the Bill? If so, in what circumstances would the Government envisage this might occur, and what process would have to be gone through before this could happen, and on whose advice or recommendation would it happen?
The Bill provides for it to be a statutory aggravating factor when sentencing an offender if the supply or offer to supply took place at, or in the vicinity of, a school. Another area of significant concern is the situation in our prisons. A number of inspection reports have shown high levels of use of synthetic cannabis by inmates and there have been reports of debt, bullying and violence associated with the use of legal drugs, which are not identifiable through mandatory drug-testing. Have the Government also considered making the supply or assisting the supply of NPSs at or in a prison an aggravating factor when sentencing an offender, since many prison inmates are, in reality, highly vulnerable people—albeit they may not come under the Home Office definition of “hard-working citizens”, for whom apparently this Bill is intended?
During the discussions on the Bill we will also want to find out exactly what the Government are doing and intend to do to address the point made by the expert panel in its report that the response to the challenges on legal highs through,
“intervention and treatment, prevention and education, as well as information sharing”,
needs to be enhanced. Currently only 15% of English schools provide teaching about drugs for one hour per term or more. The Minister mentioned the Angelus Foundation, the charity raising awareness of the harms of these substances, which has campaigned, as he said, for provisions like those in the Bill. Its figures show that in school surveys, 13.6% of 14 to 18 year-olds have taken a legal high, and a survey of university freshers showed 19% had tried one.
A recent Parliamentary Question from the shadow Home Office Minister Diana Johnson MP on drugs awareness elicited the information that between 2013 and 2015, only £180,000 was spent on NPS campaigns. The Home Office seems to rely on its Talk to FRANK scheme as the basis of its education commitment. However, the scheme does not reach out to young people through film or social media, and the provision of information does not necessarily equate to greater awareness. The Government have previously stated that 34% of people who visited the scheme website were less likely to take legal highs as a result. What they did not mention was that, as I understand it, 22% of visitors to the site were more likely to take a legal high as a result. By inference, the website also had little impact on an even bigger percentage of those visiting the site. If equal attention to that given, rightly, to legislative changes is not paid to the key point raised by the expert panel about prevention, education, intervention, treatment and information, the desired objective of the Bill to address much more effectively the increasing concerns over the spread and impact of legal highs will just not be achieved. Changing the law in isolation will not deliver.
I am sure there will be a lively debate on the Bill, in particular over the extent to which it will achieve its stated objectives. Clearly, the current position is unsatisfactory—indeed, dangerous—and cannot be allowed to continue. Action needs to be taken—action that will improve the situation and provide much better protection to all citizens than is given at present from the risks posed by untested, unknown and potentially harmful drugs. There are too many victims already and whatever views may be held on the Government’s proposed legislation—and I have set out where we stand—those victims should be at the forefront of our thoughts in our discussions on the Bill.
Clandestine Migrants
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Lord Rosser (Lab)
My Lords, I thank the Minister for repeating the Statement.
The people found at Harwich are victims of criminal gangs, just like those found on boats in the Mediterranean. What action are the Government taking to ensure that there is a more concerted UK and EU drive to seek to stop this trade in human beings at its source? To secure our borders, what percentage of lorries and containers are now routinely checked at UK ports of entry? John Vine, the former inspector of borders, stated at the weekend that good intelligence and experienced staff were critical but that a lot of experienced staff were leaving and not being replaced. Is that true? Finally, can the Minister say whether or not Border Force funding is ring-fenced from the Home Office funding cut that was announced by the Government last week?
Lord Bates
My Lords, I will take the points raised by the noble Lord, Lord Rosser, in turn.
The noble Lord is absolutely right to say that it is one thing to try to tackle these problems when they arrive in the UK but far more productive to focus that effort in areas and countries where there is insecurity. That is part of the reason why so much of the work of DfID and the Foreign Office in places such as Syria is about trying to intervene to provide stability and security in those areas so that people do not undertake the perilous journey, in the case of the Mediterranean, or become victims of the criminal gangs that we have talked about.
The second thing that we can do in that regard is to strengthen the laws in relation to this. With a large degree of cross-party support in the last Parliament, we introduced the Modern Slavery Act, the Counter-Terrorism and Security Act and the Serious Crime Act, all of which were aimed at trying to disrupt activity and increase the penalties for those concerned.
The noble Lord asked some specific points about the operations and the percentage of checks that are carried out. This work is very much intelligence led. Border Force works very closely with the National Crime Agency and it will pass on intelligence to particular ports for the screening of vehicles. The actual percentage may change from port to port on the basis of intelligence that is received at that point. We can also take some confidence—without for one second being complacent—from the performance of Border Force in areas such as Harwich for the examples that I gave earlier.
There is a three-pronged approach: the first is tackling the issue upstream; the second is the greater use of technology; and the third is greater use of intelligence. We must also strengthen the legal framework to ensure that those people who engage in this pernicious activity of trafficking people across countries get the punishment that they deserve.
Police and Crime Commissioners
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Lord Bates
The funding of the panels and the offices of the police and crime commissioners is a matter for the police and crime commissioners, which they must do and for which they must be accountable in their plan to the electorate.
Lord Rosser (Lab)
My Lords, first, I congratulate the Minister on his promotion, which is certainly well merited. Bearing in mind that this appears to have happened in some instances last year, do the Government regard it as being within the existing powers of any police and crime commissioners to prevent or seek to prevent their chief constables from signing a letter likely to go into the public domain expressing concerns about their ability to maintain public safety within their existing or proposed budgets?
Lord Bates
I would obviously need to look very closely at the example which the noble Lord gives. I do not have it, in fact. But we would take that very seriously. It is important to recognise that while police and crime commissioners are of course accountable to the public, they are also accountable and available to be scrutinised by the Independent Police Complaints Commission. If there were claims of undue influence of the type that he has alluded to, that would be one route. But I would be happy to look at further details if he wanted to share them with me.