Psychoactive Substances Bill [HL]

Lord Tunnicliffe Excerpts

Tuesday 23rd June 2015 Lords Chamber

[Lord Norton of Louth (Con)]

My Lords, I rise briefly to support the amendments proposed by the noble Lord, Lord Howarth, and to reinforce the point made by the noble Baroness, Lady Meacher, looking particularly at information—in this instance, under Amendment 11, information directed at users. That struck me as the key point in the amendment because the Bill is concerned primarily—necessarily so—with those who produce the substances. The danger is leaving out those who might then consume them. They are not doing anything illegal, but we should not leave them out of the discussion about them being better informed about the effects of the substances.

We will come on to education in Amendment 13. That might be useful in deterring people who want to take substances in the first place. It might be a bit optimistic, but I think that is eminently sensible. But what about those who are users and making sure they are at least informed as a consequence of what we are talking about? I am a little concerned if we focus solely on production and what we do about that, without thinking about those who are still prone to consume these substances. I am not particularly wedded to the particular amendments the noble Lord proposes, but I am very much at one with him in the intent and in what he is calling attention to: making sure we do not lose sight of that dimension. I will be very keen to hear the Minister’s response. If we are not deterring them—my hope would be that we would—I cannot see what the difficulty would be in having some regime for providing that sort of information.

[Lord Tunnicliffe (Lab)]

My Lords, there are effectively three amendments here. One is Amendment 11, whose essence is guidance. All three may have some merit and we would be very interested in the Minister’s reply. The first one on guidance would seem to be very important for potential users. Also, of course, it would meet a concern which we were lobbied about regarding the retail sector, which clearly is going to have problems given this Bill. It is going to need some guidance and it may have to try and generate its own if the Government do not help. I would be very interested about what the Government have to say on that.

Proposed new paragraph (a) in Amendment 12 and the availability of information on the internet also seems sensible to me. It does not mean we are softening our general position on the Bill. Good information provided by government has to be a good thing. I would be very interested in the Government’s response to the proposal relating to testing centres. At first sight, it looks rather over the top, but on the other hand the Government are committed I believe—and it is very important how carefully this response comes across—to a much more comprehensive approach to testing, to support the Bill. That will give us some tangible evidence that the Bill will work. I hope the Government will take these three areas seriously and, depending on their response, we may take this further with the noble Lord, Lord Howarth, on Report.

[Baroness Chisholm of Owlpen (Con)]

I am grateful to the noble Lord, Lord Howarth, for his explanation on these amendments. Before I start, I was very rude earlier when I did not thank him for the kind words he said at the beginning of this debate and I feel very honoured to be taking part. I agree that a joined-up approach in departments is a very useful point. Also, I feel extremely privileged to be able to learn from my noble friend Lord Bates about how these things are conducted. The noble Lord has asked that, before this Act comes into force, the Home Secretary must issue guidance on how users, enforcement authorities and others can identify individual psychoactive substances, the degree of the psychoactivity, their safe uses and their relative harms.

I can certainly understand the sentiment underpinning at least part of Amendment 11. I acknowledge the importance of the effective implementation of the provisions in the Bill by enforcement agencies and the crucial role played by the Home Secretary in ensuring that this takes place.

I emphasise that we are working closely with enforcement agencies—the police, the Border Force, the National Crime Agency and the Local Government Association—to ensure the successful implementation of the Bill. All the agencies, supported by the Home Office, will produce guidance for their own officers that will address issues such as those raised by the noble Lord. For example, it seems sensible that the College of Policing, with the national policing lead on drugs policy, is best placed to produce the guidance for police officers, along with our input, as I have said. Similarly, the Local Government Association is well placed to produce tailored guidance for local authorities.

We are also working with other bodies, including the British Retail Consortium and the Association of Convenience Stores, to produce targeted guidance for their members. It is also important to discuss with the Welsh and Scottish Governments and with Northern Ireland’s Department of Justice what guidance is needed to address their national needs. Any guidance for prosecutors in England and Wales is a matter for the Director of Public Prosecutions.

However, I have grave concerns about issuing guidance to users of psychoactive substances on how they might identify such substances, along with their degree of psychoactivity, their safe uses and their relative harms. I have the same concerns about Amendment 12, which states that the Government must establish a network of centres where drug users can get their illegal drugs tested. Although this is doubtless well intentioned, I fear that such approaches could have the opposite effect to that intended. Such initiatives could actually serve to promote the availability of psychoactive substances and encourage their use, which is clearly contrary to the purpose of the Bill. A better approach is to highlight the harms of such substances, alongside wider efforts at prevention.

[Baroness Chisholm of Owlpen]

I will certainly take that forward. However, with regard to testing centres, the Dutch model sits within a more tolerant drugs policy that the Netherlands has. Our key message is that there is no safe dose of these drugs, and they should not be taken. Any move towards such a scheme would undermine that message and could encourage drug use, contrary to government policy. This proposal would also cover drugs controlled under the Misuse of Drugs Act, not just those covered by this Bill. That would undermine our intentional obligations as a signatory to the UN conventions, and no clear public protection case has yet emerged for such a testing centre.

There is a well-established system for issuing a national alert. Any intelligence that Public Health England receives alerting it to identifiable problems, such as a batch of drugs likely to cause significant risk in England, is acted on.

[Lord Tunnicliffe]

There is more common ground than the Minister allows. I can see her aversion to saying that there are safe levels and safe doses, and I am quite sympathetic to this. But there can always be the inverse—there can be “dangerous”, “very dangerous” and “fatal”, which is the reciprocal way of putting it. I ask the Government to look into whether there is some common ground in this area because the provision of information and alerting people to the dangers of these substances—we share the Government’s enthusiasm for banning them—by these various amendments must have a generally benign effect.

[Baroness Chisholm of Owlpen]

I thank the noble Lord for that, but there is a well-established system for issuing a national alert. Any intelligence that Public Health England receives alerting it to the identifiable problem of a batch of drugs likely to cause a significant risk in England is acted on. There was an example earlier this year. There was a warning from Madrid that Superman pills sold as ecstasy containing PMMA were found in Spain. This followed the tragic deaths in England over the Christmas period caused by similar Superman pills. PHE took immediate action and issued a warning that these highly dangerous drugs may still be in circulation. Public Health England is working with partners to accelerate the review already under way on how drug alert systems in the UK can be improved, including how they join up with intelligence from Europe.