Medical Cannabis under Prescription

Debate between Mike Penning and Norman Lamb
Monday 20th May 2019

(5 years, 6 months ago)

Commons Chamber
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Mike Penning Portrait Sir Mike Penning
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There is Government business later on, but I do not care about that. We need to try and flush out and identify the blockages, which is what the Health Secretary tried to do.

Norman Lamb Portrait Norman Lamb (North Norfolk) (LD)
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Will the right hon. Gentleman give way?

Mike Penning Portrait Sir Mike Penning
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I will, but I will then try to make some progress.

Norman Lamb Portrait Norman Lamb
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In response to another intervention, the right hon. Gentleman indicated that there is a degree of resistance within the NHS and among clinicians, but does he agree that this is about more than that? This is also about the Government’s regulatory framework, which is restricting access to this medication. Many people in acute pain are resorting to opioids, which are highly addictive and potentially fatal, while being unable legally to access cannabis, which can often ease their pain.

Mike Penning Portrait Sir Mike Penning
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The right hon. Gentleman and I often debate health issues. We were both shadow Health Ministers at the same time, and we agree on most things, including on the prescribed medical use of cannabis. The other area to which he was alluding is not for this debate. It is not referred to in the motion. The reason we have managed to get such huge cross-party support and support from families around the country is that we have stuck to the specific issue of prescribed medical use without going into casual use.

Mike Penning Portrait Sir Mike Penning
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If I can, I will make a bit of progress, because there is plenty of time for colleagues. I am really chuffed that the Backbench Business Committee gave us this opportunity. When has the Backbench Business Committee ever had five hours for a debate on a Monday afternoon? I am simply thrilled, and I intend to use as much of that time as possible. I got a little note from the Clerks saying, “You should speak for 12 to 15 minutes, Mr Penning”—yeah, in your dreams. [Laughter.]

There is a blockage in the NHS if someone cannot pay for the prescription. There are consultants both within the NHS and outside, but if someone can pay for it in the private sector, private prescriptions are being honoured. The product is available in this country, perfectly legally, to those who can afford it, and that sticks strongly in my throat.

At the conclusion of the urgent question, although it is not in Hansard, I clearly heard Mr Speaker tell the Secretary of State for Health and Social Care that, whatever happens, we will not leave it—he was referring to me. We will go on and on about this until we get justice for these young people.

Looking beyond the small cohort of desperately ill children, there are others in the country who would clearly benefit from medical cannabis. I am not a doctor, but hundreds and hundreds of families have come to ask me whether this means they can get some help. The MS Society has sent an excellent briefing to colleagues today, and the Brain Tumour Charity and many others have also provided briefings.

Constituents come to my surgery, and I tell them that we need to make sure that their specialists, the experts in their area, are saying that they need medicinal cannabis, and then we can fight their corner. We have such specialists in the sector now who are saying that children and young people with epilepsy—my constituent has just turned 18, so their mum will want me to talk about post-18, too—get a tangible benefit from treating their seizures with these prescriptions, prescribed by a suitable specialist.

We know exactly what are in those pharmaceuticals, yet we still have a crazy situation in which hospitals are telling parents that if they bring these products on to a ward when their child is ill, as part of their ongoing medication, social services will be called to look into what they are doing with their family—for a product prescribed by a consultant.

My constituent has just turned 18. When I wrote on behalf of the family to her GP and the clinical commissioning group, which was blocking the prescription, they said, “We are not interested in homeopathic products.” What on earth is going on inside the medical profession in this country? If they do not know what it is, they should go and ask someone before they write stupid letters back to people and break their hearts. I had to send the letter on.

We should look carefully at what we can do to help. It is not for any politician in this House who is not suitably qualified to say to anybody that they deserve to have this product. What we must do is break down the blockages—that is what the Secretary of State alluded to in his answer to the UQ—and find out the reason for them.

Mike Penning Portrait Sir Mike Penning
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I completely agree with my hon. Friend. I have been referring to Teagan, and he is her MP. As he knows, she got her medication seven days late, and I am convinced that she would not have got it if we had not secured the urgent question, which is why such debates are important.

I used to be a Minister, and I always panicked about UQs. I always asked, “Why don’t we just do a statement? It is a damn sight easier, and we can control the agenda going forward.” The business managers did not always agree with me on that point.

I might be wrong, but as far as I am aware from our investigations the only NHS prescription that has been issued was through the Home Office. Alfie Dingley got his medication through the panel the Home Secretary set up with the expert group in the Home Office. As far as I am aware, since we changed the law in November no NHS prescription has been honoured. We have had trusts clearly threatening consultants not to do this and we have had their professional bodies do the same—I have seen some of the correspondence. As I alluded to earlier, families have been threatened with social services for bringing the product into the hospital where their child was being treated, even though this was a prescribed drug that is perfectly legal in this country today.

The real issue is: why can only those who have the money, those who have a donor and those who have crowdfunded, or, as in the case of my constituents, those to whom one of the manufacturers has given it for free—there is no way in the world they could afford this, and I thank the manufacturer for doing that, particularly for the family—get this? In the country that is so proud of the NHS, how on earth have we got into a situation where those who are poor do not get it?

Norman Lamb Portrait Norman Lamb
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I agree with the points the right hon. Gentleman is making, but the fact that the one prescription that has been issued has been through the Home Office raises an important point: the Home Office should have nothing to do with a health issue and this should be transferred, without delay, by the Government to the Department of Health and Social Care?

Mike Penning Portrait Sir Mike Penning
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To be fair, it has been, and that was before we changed the law in November. The Home Office set up a panel while we looked at the changes of the law. This does not really matter, but a Health Minister is at the Dispatch Box today and a Health Secretary was there for the urgent question, so this is clearly sitting in that Department, but the connotations are still there in respect of, for instance, bringing this into the country—

Norman Lamb Portrait Norman Lamb
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And licensing?

Mike Penning Portrait Sir Mike Penning
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I understand that point, but this drug has been moved out of its category into the Department of Health and Social Care and it can be prescribed. The issue is not prescription. Even though there were a limited amount of private prescriptions, they are being issued. I thank the consultants who have met me and my colleagues from across the House who have been campaigning on this. They are willing to do this. As far as I can work out, the blockage is that this was moved too fast to help the families whom we wanted to help; the Department of Health and Social Care and the Home Office were not ready.

That fascinates me, because four and a half years ago— it is that long since I have been a Minister—I stood in Westminster Hall as the Minister responsible for drug policy and said then that the Government were minded to allow the medical use of cannabis under prescription. Do they not read our debates? Do they not listen to what Ministers have to say? I do not know whether they thought I was having a flier and as a Minister of State was just doing this because I felt like it on that day. But the then Home Secretary is now the Prime Minister, and of course I did it with her permission.

Norman Lamb Portrait Norman Lamb
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What did Ministers do after the right hon. Gentleman made that point in Westminster Hall? He says that that was four years ago. Why did it take until last year for the Government to do anything?

Mike Penning Portrait Sir Mike Penning
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You should have seen the reaction of some of my civil servants when I got back to the Department after making that comment in Westminster Hall! You would understand then why this went exactly nowhere, even though I pushed and cajoled. Sadly, or fortunately, I was moved to the Ministry of Defence after the 2017 election.

So why are we here today? Why have colleagues come into the Chamber, which was completely empty 10 or 15 minutes ago, when they could probably go, as I do not think there is going to be a vote? I say that because the Government have indicated to me that they have accepted the motion, which is votable, if we needed to do that. I have indicated to the Whips that if we needed to do this, I would push it to a vote. I do not think we need to, simply because, after listening to the debate, the Minister will realise, “Hey, we’ve got to move faster.”

Are we moving fast? No. Are we moving faster than we were? Yes, but more needs to be done. Why is that? Because young people are having massive seizures that are affecting their lives and those of their loved ones. They are affecting their families and their quality of life in this country today.

We can do something about that. We are on the journey of doing more about it, but I ask more as a father than as a politician: why do they have to find the money and go to Holland or to Canada? If they cannot find the money, they are not going to get it, unless someone donates it to them or they crowdfund. In the 21st century, why are we allowing these children to be given drugs that are not working and that were never designed for the use for which they are being given, while we have products out there that the pharmaceutical companies are producing, and we know exactly what is in them? It may not help—it may not stop those seizures—but for some people it clearly does. It is morally wrong for us to sit back and allow those children to suffer, and I have no intention of doing that.

Policing and Crime Bill

Debate between Mike Penning and Norman Lamb
Monday 13th June 2016

(8 years, 5 months ago)

Commons Chamber
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Norman Lamb Portrait Norman Lamb
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I noted the hon. Gentleman’s remarks in his speech a few moments ago and he is absolutely right. A crisis house or a place of safety provided by a particular community for one of its people may well be the best place for them to go. We should be willing to open up the definition in an appropriate way.

New clause 59 centres on the right of those detained under sections 135 and 136 to an appropriate adult. Anyone detained under the Mental Health Act 1983 has a right to an independent mental health advocate, except when the detention is under sections 135 or 136. In such circumstances, the person may be very vulnerable, so surely the Bill should embrace the idea, as Mind has argued, that they should have a right to an appropriate adult.

Finally, I want to address the issue of when the clock should start. I welcome the fact that the Bill reduces to 24 hours the maximum length of time for which someone should be held under section 136 while the assessment takes place. There is a critical question, however, about when the clock starts. If there is pressure on resources and facilities, someone could be kept in a police van and driven around a city—that does happen sometimes. That time, under the Government’s proposed definition, would not count. Some hours could pass before the person arrived at the place of safety. Mind’s argument, which is contained in amendment 125, is that the clock should start when a person is detained rather than when they arrive at a place of safety.

Mike Penning Portrait Mike Penning
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One of my concerns about that is that we set a target of taking the individual who needs that help somewhere quickly, rather than taking them to the right place for their needs.

Norman Lamb Portrait Norman Lamb
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I am grateful to the Minister for that intervention, and I understand that we have to balance all these things. I am trying to ensure that legislation puts pressure on agencies to provide sufficient resource to meet a clear need. That is not the case at the moment.

I conclude by saying that the amendments and new clauses in this group are all designed to improve the rights of people with mental ill health, who are too often let down by the system at the moment.

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Mike Penning Portrait Mike Penning
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It is real privilege to sum up the debate on this group of amendments. I thank the shadow Policing Minister, the hon. Member for Birmingham, Erdington (Jack Dromey), for giving me more time—he could easily have risen to speak to the amendments. I am pleased that I have a bit of time to talk through some of the points that have been raised, and I have already given some indication of what I will say in interventions on right hon. and hon. Members. I have been told off by the Chair, Mr Deputy Speaker, but that is understandable. It was not the first time, and it will not be the last time.

I want to say a little about the comments made by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) and the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) on the new inspectorate. At the outset, may I say that my hon. Friend the Member for Bromley and Chislehurst was brutally honest when he said he would have liked to have made this change, but was prevented by circumstances when he was the Minister? Perhaps the hon. Member for Poplar and Limehouse—my predecessor in many different capacities, including as a firefighter—was also prevented from doing so by different circumstances when he was Minister.

We must learn from our mistakes—to be brutally honest, we all make mistakes in life—so the first thing to say is that it is absolutely correct that the inspectorate will not be an old boys’ network. It will be based on Her Majesty’s inspectorate of constabulary, and on police effectiveness, efficiency and legitimacy reviews. Firefighters will not have weeks to practise their escape drills, which I remember so vividly from when I was in the job. For people of a certain age, such escapes were done on the old ladders, which were on big wheels that could get firefighters to places some of the modern ladders will not reach.

Importantly, the inspector will have the power to bring in the experts he or she thinks fit to do inspections. The inspector should not be an ex-chief fire officer from somewhere, which is similar to the arrangements in Her Majesty’s inspectorate of constabulary. I know that will ruffle a few feathers within the network, with people saying, “We’re experts, we know best”, but it is important for the inspector to come in and ask, “Why? Why do you do it that way?” and then to bring in other expertise. I think that is the way to do it.

I think the former Fire Minister, the hon. Member for Poplar and Limehouse, will find that when we started to talk about this issue—it was raised in Committee by the shadow Fire Minister, the hon. Member for West Ham (Lyn Brown)—I had only been in the job for two weeks, because the role of Police and Fire Minister was very new. However, I knew what I wanted to do, as did the Home Secretary, and I freely admit that a little bit of encouragement from the shadow Minister has helped us on our way. There are areas in which we will be able to work much more along the lines of how Her Majesty’s inspectorate of constabulary does its inspections, so that people are not prepared for the day having known about the inspection for weeks in advance, as happened in my time.

I want to speak to some of the Government amendments that I did not have the opportunity to talk about earlier, and I will turn to some of the excellent contributions made during this debate. One of the most important areas of agreement that I have reached, with the Home Secretary’s permission, is in relation to the 12-month rule for officers who have retired or left the force. Since long before I held my current position, it has always struck me as strange that, criminal proceedings apart, an officer of no matter what rank could step down and start their pension almost the day before they became subject to investigations within the police force. In some cases that does not happen. I have the duty of signing documents that revoke police officers’ pensions when they have broken the rules so badly that they lose their pension. I do that quite regularly. It is difficult to sign something that will dramatically change someone’s future, and I do not in any way do so lightly. I often quiz my officials about whether it is the right way to go, not least because a good proportion of the contributions to the pension were that person’s own contributions, not the state’s contributions. However, the rules are quite specific in those cases.

Although we did not want to leave things completely open—I know the shadow Home Secretary will understand that—we thought there was a real opportunity to leave a great legacy on behalf of the Hillsborough victims. The change to the 12-month rule will be for exceptional circumstances. It is difficult to put them into primary legislation, so we will do it by regulations. I hope that the shadow Front-Bench team will work with us on those regulations, along with other parties in the House. They will be one of the biggest legacies of what we are doing.

I am sorry that we do not quite agree with Her Majesty’s Opposition on two issues. On Leveson 2, the Home Secretary has set her position out in front of the Home Affairs Committee, and I have set it out too. I am categorically not saying that it is not going to happen, but no decision will be made until after the criminal investigations. That is the position that the Home Secretary has set out—it is way above my pay grade—and that is how it will stay.

Norman Lamb Portrait Norman Lamb
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I do not want to compete with the SNP in offering to be honest broker, but could the Minister not say that when the cases have concluded the Government will reaffirm the commitment to Leveson 2? It would be straightforward to say that now, and it would be widely welcomed.

Mike Penning Portrait Mike Penning
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The point has been made on numerous occasions. The Home Secretary has said, and I have said, that we will wait for the inquiries and proceedings to finish and then announce our position on Leveson 2.

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Mike Penning Portrait Mike Penning
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I was trying to get to exactly that point. That is a role for police and crime commissioners. If we devolve the powers in question, it will give more powers to PCCs, and rightly so. If we believe in and are aiming for localism, PCCs should know what is going on in their part of the world, and that information should be made available to the public and not left opaque. That will take work—I am delegating more work to my colleagues on the Treasury Bench, and to others across the Government, because this is not just a Home Office matter. Someone said earlier that this measure should not be in the Bill, but it is there because it needs to be.

Norman Lamb Portrait Norman Lamb
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In monitoring the use of Tasers, will the Minister ensure that we consider the ethnic dimension of who they are used on, and that that information is made publicly available and there is transparency?

Mike Penning Portrait Mike Penning
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That is vital. When I was the Minister responsible for disabilities, one issue under discussion was the disproportionate number of black men who are tasered in mental health facilities. Indeed, there is a disproportionately high proportion of black men in mental health facilities, as we know there is in prisons and throughout the criminal justice system. We cannot just say, “Let’s get on with it”; we must do something about that, including by raising people’s educational standards, aspirations and so on.

The other important issue that the right hon. Gentleman raised concerns people who have been abused, whether it is sexual abuse or other types of abuse. We must ensure that they get the right care early on, and we must not assume that that abuse will show up in someone’s first medical analysis. I know that from friends who suffer from post-traumatic stress—I have friends who served in the Falklands who are only now showing the signs.

Norman Lamb Portrait Norman Lamb
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I accept that problems might show up only later on, but if the Minister does not accept that my new clause would provide for an automatic referral, will he accept that the Government should make clear that it should be standard process that a child is referred for an assessment of their mental health needs, as the Children’s Society suggests?

Mike Penning Portrait Mike Penning
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This is probably way beyond my portfolio, but as a father I would ask, if someone is assessing a child who has been abused, how can they not assess them for mental health damage that may have occurred? That is the natural thing to do—I will probably get shot for saying that, but at the end of the day that is probably the moral position. How that is done is for the right hon. Gentleman’s former Department and social services to address.

I turn to facial coverings and new clause 23, which was tabled by my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) and other colleagues. I think we have reached a consensus. I arranged for Assistant Chief Constable Paul Netherton to lead on the issue for the whole country within the police. Very unusually for a senior police officer, or indeed for any police officer, he said, “Don’t give me any more powers. I am happy with the powers we have,” In our meetings, however—I am happy to share this with the House—it was conceded that the way the current legislation is being interpreted through guidance is an issue. There is also some confusion about the powers under section 60AA of the Criminal Justice and Public Order Act 1994, which concerns the need for a written authority. In reality, the police get on their radios and say, “This is the situation. I want to remove it. I think that an offence is going to take place.” The request is instantly given, and it is signed later on. That is not breaking any law; that is how the procedure works on a daily basis.

The Home Secretary and I both understand that there are real concerns about whether the measure is being implemented in a way that ensures public confidence as well as that of the police. Rather than change the law against the advice that I am getting from the police, we have proposed a review into the Police and Criminal Evidence Act 1984 code A. That does not happen often, but this autumn a review will take place into stop and search. The powers in the Bill are similar to those stop-and-search powers, and we will ask for them to be included in that code. That significant change will alleviate some of the concerns, but we must ensure that we provide those powers.

Psychoactive Substances Bill [Lords]

Debate between Mike Penning and Norman Lamb
Wednesday 20th January 2016

(8 years, 10 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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With devolution, different Governments in different parts of this great nation are delivering programmes. I fully respect that it is very early days. Part of the review that I committed to early on is that we will look very carefully at how we and other parts of the country have done things. Interestingly, we will have better evidence from the Republic of Ireland as well.

When we discussed this matter in Committee, I was aware that the shadow Minister was at times on a very steep learning curve, as indeed was I with regard to part of the Bill. I do think that we can resolve some issues without the statutory requirement in the legislation. The shadow Minister referred to the cost of interventions and education. The latest figure that we have on tackling drug misuse is £341 million, which was, believe it or not, in 2011-12.

Right at the start, I accepted that FRANK is not perfect and that it needs to be improved, but I do not want scrap it and bring in something else with a different name. The scheme very much needs to work with the Angelus Foundation and others, because the third sector—the voluntary sector—often knows much better than the Government, which is why the previous Administration and this Administration have used it extensively.

Mike Penning Portrait Mike Penning
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Let me make some progress. If I have time, I will come back to the right hon. Gentleman.

I know from the speech of my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) that there were concerns that non-psychoactive substances will be pulled in. This Bill is specifically about psychoactive substances. My full understanding is that we will not be including the sort of products to which she has alluded, but we will keep a close eye. Under clause 3, we have the ability to take things out. I must say, though, that that clause is not designed to bring in things, which caused slight confusion during the debate this afternoon. When I come on to poppers, I will explain myself a little better.

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Mike Penning Portrait Mike Penning
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I am more than happy to write to my right hon. Friend with those assurances, so long as we know exactly what those substances are. We need to communicate about that outside the Chamber.

Mike Penning Portrait Mike Penning
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I will give way to the right hon. Gentleman, but then I will curtail my comments so that the House can make its decisions and we can move on to the next group of amendments.

Norman Lamb Portrait Norman Lamb
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I am grateful to the Minister. On the question of not wanting to criminalise young people, and in reference to the point made by the hon. Member for Glasgow North East (Anne McLaughlin), is it the case that the Bill will criminalise someone who buys online from overseas but will not criminalise someone who buys in an alleyway from a criminal?

Psychoactive Substances Bill [Lords]

Debate between Mike Penning and Norman Lamb
Monday 19th October 2015

(9 years, 1 month ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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I did not expect to be in confrontation with the hon. Lady so early on, but I think, yet again, that she is wrong. I have been to the Republic of Ireland, as well as to Northern Ireland, and not only seen the damage that these psychoactive substances have done, but met Ministers and their chemists. They think their legislation is working, and I agree with them, and New South Wales has implemented similar legislation within the past five days. The rest of the world may not be right, but in this case I think it is. I have looked extensively at this issue, as has the Select Committee on Home Affairs previously—it is doing so again and we are awaiting its report. In the Republic of Ireland the head shops vanished overnight. There are young and old people who thought these drugs were safe. Whether or not we or the scientists like to call them that, they are classed as and felt in the public domain to be legal, safe highs. That is what young people think they are.

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Mike Penning Portrait Mike Penning
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I will make a bit of progress before we come back into confrontation.

Norman Lamb Portrait Norman Lamb
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No confrontation.

Mike Penning Portrait Mike Penning
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I will give way then.

Norman Lamb Portrait Norman Lamb
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I hope that the Minister accepts that those people who have concerns about this legislation have the same purpose in mind: to try to address substances that are causing harm. Does he not have any concern that if the effect of the legislation is to hand the entire industry over to organised crime, we may end up with unintended consequences?

Mike Penning Portrait Mike Penning
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If I thought that was going to happen, I would not be standing at this Dispatch Box. It has not happened elsewhere; it did not happen in the Republic of Ireland. What has happened there is that people are alive today who would not have been if the legislation had not been introduced there, which is why this Bill is so important. We will, however, make sure that we learn from the mistakes in the Republic of Ireland, and we are going to accept and work with lots of amendments that were tabled in the other place. I will have to table consequential amendments in Committee to make sure that the Bill is legal in that framework, but we are going to accept these recommendations and changes proposed in the other House.

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Mike Penning Portrait Mike Penning
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That is exactly the point, and it is important that we close any loopholes, but there are no intentions to criminalise the people we have been talking about.

Mike Penning Portrait Mike Penning
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I will give way once more, but then I will wind up, as Members wish to speak in the debate.

Norman Lamb Portrait Norman Lamb
- Hansard - - - Excerpts

I am grateful to the Minister. To follow up the point made by Scottish National party Members, will he explain again why it is illegal to purchase a product that is being imported, but why the Bill does not criminalise the purchase of exactly the same product in this country? We criminalise someone if they happen to buy it overseas, but not if they buy it in this country. What is the logic?

Mike Penning Portrait Mike Penning
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The logic is to try to stop dealers bringing stuff in through websites. That is close to the legislation that is being used in Ireland, where it is working, so we think it is appropriate.

We will make sure that the House protects people without criminalising any individuals for having small amounts of a substance. We are going to do something that should have been done years ago. There will be a blanket ban so that chemists, organised criminals and, in some parts of these islands, paramilitaries do not work together. We will make sure that the legislation is as tight as possible and will at last do something we should have done before by introducing a blanket ban on psychoactive substances. I hope that the Bill completes its Second Reading this evening.

Cannabis

Debate between Mike Penning and Norman Lamb
Monday 12th October 2015

(9 years, 1 month ago)

Westminster Hall
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Mike Penning Portrait The Minister for Policing, Crime and Criminal Justice (Mike Penning)
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It is a pleasure to serve under your chairmanship, Mrs Gillan. I welcome the new shadow Minister, the hon. Member for West Ham (Lyn Brown), to her role. I did not get an opportunity to do so at Home Office questions earlier. We are friends, which is a dangerous thing in this place, and we agree on many things. In fact, I agree with most of what she has said in her comments today.

May I start by saying that I am not from the university elite who smoked cannabis when they went to university? I am not cynical and I am not horrible—I hope. I worked very closely with the right hon. Member for North Norfolk (Norman Lamb) when he and I were shadow Health Ministers and when he was a Health Minister with responsibility for mental health and I was in a different role.

I have every sympathy for my friends and members of my family who have had MS and the terrible pain and anguish that they go through because of an incurable disease. So I start from the premise of having sympathy. Let us see what we can do in the 21st century to take people out of that environment. However, I have real concerns about legalising cannabis. I congratulate the hon. Member for Newport West (Paul Flynn) on his position, which has not changed in 40 years. I also congratulate my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley). I expected him to be sitting here when I came in to the debate today.

We have had two contributions from people who are medically qualified and who know—not anecdotally—about the medical side and the patient’s point of view. Their contributions have been enormously significant. I believe that the debate would have been more useful if we had talked about the medical side and the help available, rather than the generality.

Norman Lamb Portrait Norman Lamb
- Hansard - - - Excerpts

Will the Minister give way?

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Mike Penning Portrait Mike Penning
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If I can make a little more progress, I promise I will give way shortly. I am always generous in that way.

Although we have had a huge petition from people who are for legalisation, I am sure that colleagues in the House have also had people writing to them saying no to legalisation, as indicated by the SNP shadow Minister, the hon. Member for Glasgow North East (Anne McLaughlin), a moment ago. There is no petition from those who do not want to change the legislation, but a large petition from those who do. I think a significant minority also need to be considered in this debate.

Norman Lamb Portrait Norman Lamb
- Hansard - - - Excerpts

I do not think there is any dispute about medical risk. The question is about how one responds to it. Does the Minister really think it is appropriate to give someone who is perhaps suffering from mental ill health a criminal record?

Mike Penning Portrait Mike Penning
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To be fair, that is different from the point I was trying to make. In the modern way in which we police—not just in the past five years, but for many years—the discretion of a police officer to make a decision is an operational matter for them, and not for politicians. Also, it is not for police and crime commissioners to make such decisions. I know what the Durham PCC said, but operational decisions are for the chief constable. PCCs were not set up to make such decisions. We now have cross-party support for PCCs. I am pleased about the Labour party’s conversion since the election. That is not a snipe—yes, it is—but I am really pleased that there has been a change, because there are excellent PCCs out there and they do an excellent job.

I am also conscious that there are devolved Administrations looking at this matter differently. I will come to some of those points later. Let us see what positives can come out of this. I will not stand here and say, “We are going to legalise cannabis.” I am not going to say that from a moral, personal or Government position. However, we could look carefully, as was mentioned by my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), at the research. We need to look at why the research is not taking place and at the effects of certain parts of the legislation.

Believe it or not, I took a week off the week before last and went to my favourite part of Norfolk: the Norfolk broads. I spent a week fishing while my wife and mother-in-law looked at the other beautiful parts of Norfolk. I used a lot of hemp—we discussed the seeds earlier in the debate. I live in and represent Hemel Hempstead. Some of the bread that some of us buy contains hemp seeds. My hon. Friend the Member for Central Suffolk and North Ipswich alluded to the problem of the seeds being legal, and the rationale behind that, although that does not mean we should not look carefully at the matter, and we will. There should be nothing in statute that prevents research into improving people’s quality of life. I will go away and work with other relevant Departments to see how we can do that.

My good friend the hon. Member for North Down (Lady Hermon) alluded to what would happen with the republican response. As a former Northern Ireland Minister, and having served in Northern Ireland in uniform in a different capacity, I know that the sad thing is that these thugs and organised criminals will find something else with which to raise money and destroy their communities, as they have done with diesel laundering and other things over the years. I do not think that legalisation would make a huge difference to what they do, but it might make a huge difference to the lives of the hon. Lady’s constituents, whether mentally or physically, according to the evidence we have heard today.

Another issue, which I discuss with my constituents, is the diverse views about where we should be on this subject. We are as one in wanting to protect our constituents, but we are perhaps looking at it in different ways. Going back to the point made a moment ago by my former right hon. Friend, the right hon. Member for North Norfolk, mental health protection for vulnerable people is probably one of the most difficult and important issues we face, which is why I am so pleased that, after the work we did in the past, so many police forces now have mental health professionals with them on the streets and in the custody suites, and use sections 135 and 136 less.

As we have heard, there is conflicting evidence from studies from across the world. The majority of the world has not legalised cannabis. There is movement, but the majority of the world is in roughly the same position as us. The shadow Minister talked extensively and absolutely correctly about Portugal, but they have a completely different strategy for working with people and moving forward, and that is true not only of their health service. Only last month, the Washington State Institute for Public Policy said that it is too early to decide whether what is going in that state is going to work. The evidence I have before me says that the institute thinks it will not be clear until at least 2017.

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Mike Penning Portrait Mike Penning
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From a sedentary position he chunters on. Let us listen to what the royal colleges have said, because they are the experts. The Select Committee took evidence. I have sat on Select Committees and I know exactly what goes on. I think I am due to give evidence to the Select Committee next week. It is crucial that we do not set ourselves in one position but that instead, we ask what research could help take things forward. That is what I have committed to doing and it is very important.

Norman Lamb Portrait Norman Lamb
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I am delighted that the Minister visited the Norfolk broads. I wonder whether, when he was there, he enjoyed a pint in one of the many pubs. There is very clear, overwhelming evidence that alcohol is more dangerous than cannabis. Can the Minister give any explanation of why it makes sense for that more dangerous product to be legal while a less dangerous product is illegal?

Mike Penning Portrait Mike Penning
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Well, I am not actually convinced, on the evidence, that cannabis is less dangerous for certain people. As was said earlier, if we were to start alcohol and tobacco policy again from today, of course we would not be where we are now. I accept that point.

In conclusion, I am committed to working with other Departments and whoever else wants to work with us to ensure that, in the 21st century, where cannabis can be helpful through pharmaceuticals, we will try to make sure that that happens. I am committed to looking at the research and at what work we should be doing. This debate has been enormously useful, but I cannot support the petition.