Psychoactive Substances Bill [Lords]

Debate between Mike Penning and Stephen Phillips

Monday 19th October 2015 Commons Chamber

[Mike Penning]

Under this legislation, the highest penalty for selling or purchasing these products—particularly for selling—will be seven years, which is not a light sentence. It indicates the severity of the offence. We do not want to criminalise a whole group of people who have, for many years, been buying a product that was perfectly legal, but there are some real changes that we need to make on behalf of our constituents, which is why we are all in this place. For once, we should get ahead of the drug dealers and chemists. Huge amounts of money are involved not only within the paramilitaries but within organised crime. By having a blanket ban, there are real concerns that we will be banning things that we all enjoy. I am talking about caffeine—

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

Nutmeg.

[Mike Penning]

Yes, nutmeg and the scent of a flower. That would be complete and utter tosh. We will ensure that we insert what we want to insert, just as the Government did in the Republic of Ireland, while at the same time having a blanket ban.

--- Later in debate ---

[Mike Penning]

I can confirm that. There are uses for some of these drugs within industry, and we want that to continue, particularly in the research field. We cannot help the people who are addicted to some of these substances if we do not give them the right support. If it is seen that someone is producing a product for an industrial use, or for any other use, but they are knowingly selling it, they will be prosecuted. It will be an offence whether or not the product carries that label. That is imperative as we take these measures forward.

[Stephen Phillips]

Further to the point made by my hon. Friend the Member for Pendle (Andrew Stephenson), it seems to me that the difficulty is that there will be a defence for suppliers of so-called legal highs under clause 5(2) if they do not know or are reckless as to whether the substance is likely to be consumed. If people can say that they are not selling products for human consumption because all that happened was that someone came in and asked for some plant food, it does not necessarily follow that they will be committing an offence under the Bill and that the head shops referred to by the hon. Member for Bassetlaw (John Mann) will close straight away.

[Mike Penning]

My hon. and learned Friend has studied the Bill and I have worked with him on other Bills, so I know exactly where he is coming from. The intent of the Bill is there. The evidence from the Republic of Ireland is that that did not happen, but if we need to tighten the provisions in Committee we can do so; I think there is consensus across the House on that. The head shops closed literally overnight in the Republic of Ireland, and the problem with that type of sale fell through the floor. If we pass the programme motion later this evening, we will be in Committee next week and we can tighten the Bill if consensus allows.

We can go through all the clauses, but I am sure that everybody has read the Bill so in the time available I want to concentrate on two points. First, what is the purpose of the Bill? It is intended to save people’s lives. I completely get where my former right hon. Friend the Member for North Norfolk (Norman Lamb)—he is still my friend—is coming from. We might not agree 100% on the method, but let us take the Bill through Committee and let us consider the evidence. I know that there is some other evidence from the Republic of Ireland: I have seen it, I have sat with the scientists and I have sat with the Ministers. Let us see whether we can save lives, bearing in mind the 129 we lost last year. That figure is growing dramatically year on year, which is why there has been a campaign for the Bill for some time.

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[Mike Penning]

My hon. Friend makes an important point. As I said earlier, this is only one part of a campaign to make sure that people understand the dangers and the change in legislation. The police are starting to talk to people and are going into schools. Treatment is important too, but it is a difficult area. My hon. Friend is absolutely right to raise the issue.

[Stephen Phillips]

I confess to the Minister—I am trying to help—that I am a little confused as well. I do not think that the Bill creates an offence of purchasing so-called legal highs. Importing is a different matter, and is dealt with in clause 8, which he will no doubt confirm. If he can do so the debate about people buying so-called legal highs and being criminalised will go away.

May I tax the Minister on something else? It is my understanding that if a user of legal highs purchases three or four pills over the internet that are not for human consumption, then gives them to his mates on a night out he has committed an offence. In Committee, we may have to look at whether we intend to criminalise those individuals in the Bill.

[Mike Penning]

I apologise if I have confused hon. Members. Let me try again. There are relevant provisions: producing a psychoactive substance, which is dealt with in clause 4; supplying, or offering to supply a psychoactive substance, which is dealt with in clause 5; possession of a psychoactive substance with intent to supply under clause 7; and importing or exporting a psychoactive substance under clause 8. I apologise: I kind of misled the House unintentionally on individual possession. I was talking about intent to supply, not intent to use. Making a purchase from a foreign website would be caught, but the purchase on its own from a website or foreign website would not, and I apologise if I misled the House on that point.

Oral Answers to Questions

Debate between Mike Penning and Stephen Phillips

Monday 6th July 2015 Commons Chamber

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

6. Whether she plans to increase funding for Lincolnshire police.

[The Minister for Policing, Crime and Criminal Justice (Mike Penning)]

As I said earlier, the Government are committed to a fundamental review of the police expenditure funding formula for 2016-17, and we look forward to consulting all partners.

[Stephen Phillips]

I pay tribute to my right hon. Friend for his work with Lincolnshire police to ensure that we get a fairer funding formula. We need to ensure equitable funding for all police forces. When is the review likely to report, and when will we know the effects for Lincolnshire police and every other force in the country?

[Mike Penning]

We will work to a tight timescale for consulting and getting the funding formula in place. I hope that we can announce the consultation process in the next few weeks.

I take this opportunity to praise front-line police and the chief constable in Lincolnshire—something that the shadow police Minister always forgets to do. They do a fantastic job, and we should praise them every day.

Payment Scheme (Mesothelioma)

Debate between Mike Penning and Stephen Phillips

Monday 17th March 2014 Commons Chamber

[The Minister of State, Department for Work and Pensions (Mike Penning)]

I beg to move,

That the draft Diffuse Mesothelioma Payment Scheme Regulations 2014, which were laid before this House on 3 February, be approved.

It is a pleasure to move these regulations on the Floor of the House. We had good debates on the Mesothelioma Act 2014, which allows us to move the regulations we need to ensure that the payments go to those who need them so much. The debates in the House and those with my noble Friend Lord Freud in the other place were incredibly valuable. I should like to place on the record my thanks to the late Paul Goggins. Paul campaigned for many years for the compensation for which these regulations make provision. It is a fitting tribute to him that I listened to him so much that we have moved to the figure of 80%, as I will say later in the debate.

We have debated these provisions, but it is good to mention at the start that the Act and the regulations continue to refer to 75% average civil compensation payments. I announced to the House on 6 March that, because the scheme administrator contract was let, and because we will stay within the 3% of the levy to employers, I am able to raise the percentage from 75% to 80%. I will introduce further regulations later, but I did not want to delay in any shape or form the compensation that is so badly needed.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

Will the Minister confirm that, now we are moving to a scheme that will have an 80% compensation rate, 80% will apply to all claimants, including those who make their application under the regulations, on the face of which is the figure of 75%?

[Mike Penning]

My hon. and learned Friend is absolutely right. I was going to say that, even though the regulations are being debated today, all those eligible for the scheme will get 80%. It is important that people do not get one or another of the figures. It will be 80% across the board.

Oral Answers to Questions

Debate between Mike Penning and Stephen Phillips

Thursday 10th March 2011 Commons Chamber

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

10. What recent representations he has received on consistency in the setting of speed limits in rural areas.

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I have not received any representations about consistency in the setting of speed limits in rural areas. The Department for Transport issues guidelines for local authorities, and it is for them to decide what speed limits are required in their area.

[Stephen Phillips]

There is a very considerable problem in Lincolnshire, with speed limits being set at inappropriate and inconsistent levels in accordance with policies set by the county council, which many feel do not take into account the guidance to which the Minister has referred. What can he do about that, and will he undertake to meet me, and local campaigners, to discuss the matter further?

[Mike Penning]

I will be more than happy to meet my hon. and learned Friend, his local authority and campaigners to discuss that issue. The guidance is there for local authorities to implement, and we will see what we can do to ensure that things are better in his area.