Psychoactive Substances Bill [Lords]

Debate between Mike Penning and Anne McLaughlin

Wednesday 20th January 2016 Commons Chamber

[Anne McLaughlin]

I shall be very brief. I wish to congratulate all those involved in bringing forward this Bill, including the Government; the Minister who has been very willing to engage in open and robust debates; the Scottish Government who have supported the ethos behind the Bill; the Committees; and our colleagues on the Labour Benches. This is the second Bill with which I have been closely involved, and it has been a pleasure to work alongside Labour colleagues on a number of issues.

It is clear that new psychoactive substances are dangerous, and we are putting that message out there now. They are also unpredictable: there is no way of knowing what is in them or of predicting the impact on the individual. In a previous debate in this House, I talked about someone I know who made one foolish mistake at the age of 17. She was a talented young medical student, and a beautiful girl, and she has spent the rest of her life on a locked psychiatric ward. It is impossible to predict what impact drugs will have.

I have some remaining concerns, as the Minister will be aware, particularly on poppers. I look forward to the review. I remain concerned about distinguishing between people buying online and people buying down a dark alley from a drug dealer. I understand that the Minister has said that that is not the intention behind the Bill, and I accept that. I just want to quote him:

“The spirit of the Bill is that we do not want to criminalise individuals for possession”.—[Official Report, 19 October 2015; Vol. 600, c. 737.]

He also said:

“Possession in a club would not be an offence; indeed, possession is not an offence under any part of the legislation”,

and:

“Purchase and possession would be legal… so there would be no illegality on the part of the individual.”––[Official Report, Psychoactive Substances Public Bill Committee, 27 October 2015; c. 37-63.]

[Mike Penning]

In the spirit with which we have taken the Bill through, I just wanted to say that the Bill does make possession illegal in secure institutions.

[Anne McLaughlin]

I understand that—as the Minister knows, I am against it—but I was referring specifically to buying substances on the internet. We were unable to have those words included in the Bill today, but we do have the Minister’s words on the record, and lawyers will be able to use them if they have to.

My intention in all this is to protect people on two fronts: to protect their health by supporting the Bill in the first place, and to protect them from being criminalised for making a foolish mistake on one occasion. I commend the Bill as it stands, and, if it turns out that we are right about some aspects, I hope that it will be amended at a later stage.

Arrests of Chinese Protesters

Debate between Mike Penning and Anne McLaughlin

Monday 26th October 2015 Commons Chamber

[Mike Penning]

I am not going to prejudge an investigation by the Metropolitan police, for whom I have great respect—as I do for the other 42 police authorities for which I am responsible. Let us wait and see, rather than prejudge the case. If we let the investigation continue, we will all know the facts.

[Anne McLaughlin (Glasgow North East) (SNP)]

The Chinese ambassador to the UK recently stated that nobody would be put behind bars simply for criticising the Chinese Government. I appreciate that the Government are keen to banish human rights protections in this country, but is the Minister really happy not even to be able to make the same civil liberties commitment as China claims to make? I appreciate that the Minister cannot comment on an individual case, so I will not ask him to do so. Will he tell me, however, whether he can think of any reason, hypothetically speaking, why somebody waving their country’s flag should lead to them being arrested, put behind bars and having their mobile phone and PC taken from them?

[Mike Penning]

With all due respect, this might become slightly repetitive. The police made a decision operationally on the ground, which we should respect. We should wait for the investigation to finish and then we can all make our commentary on the facts. If people want to make a complaint, there is a certain way that that can be done and it certainly does not involve this House. It happens after the case is finished.

Psychoactive Substances Bill [Lords]

Debate between Mike Penning and Anne McLaughlin

Monday 19th October 2015 Commons Chamber

[Mike Penning]

I have received a large number of delegations that have made arguments about the effect on the prison population, on prison officers and on morale and safety within the secure estate, which includes prisons, and we are going to look very carefully at whether we can propose an amendment. I believe that there are some processes to be followed to ensure that we can do that, but the Prisons Minister and I are minded to ensure that the prison estate is as safe as possible for prisoners as well as staff. Legal highs are having a massive effect on that part of the prison estate as well as on other parts of the secure estate. My hon. Friend the Member for Winchester (Steve Brine), like others in the Chamber, has campaigned long and hard on this issue and has brought it up on more than one occasion. We are considering the issue and I hope to table amendments in Committee.

[Anne McLaughlin (Glasgow North East) (SNP)]

My understanding was that those who would be criminalised by the Bill were those who were supplying, marketing, producing and selling, but twice now the Minister has made a comment that suggests that those who purchase these products might also be criminalised. When I look at clause 8 a wee bit more closely, it seems to be saying that those who purchase via the internet could be criminalised. The Minister is talking about making amendments, so will he be proposing an amendment to take that out? It does not fit the spirit of the Bill.

[Mike Penning]

The spirit of the Bill is that we do not want to criminalise individuals for possession, but we are going to criminalise the sale and purchase of these substances. That is in the Bill and in the spirit of the Bill, and is in line with the work that we have done.

--- Later in debate ---

[Anne McLaughlin]

rose—

[Mike Penning]

The hon. Lady asked me a question, and I will answer it. In Committee, we will study the Bill line by line, because that is how we do these things and that is right and proper. If the hon. Lady has concerns, we will consider them carefully, but we cannot have someone being able to buy things on the internet and for that to be illegal—or legal—when it would be the opposite to do it in a shop or on the street.

[Anne McLaughlin]

So, is the Minister saying that purchasing will be criminalised, but not use? As I understand it, these substances do not come free, so to use them one would have to purchase them. I do not know what to say to that.

[Mike Penning]

I do not understand this argument, and I do not know whether the shadow Minister does. If someone is buying a product that is illegal, that will be illegal. If they are selling a product that is illegal, that will be illegal. We will not criminalise a small group of people—