Psychoactive Substances Bill [Lords]

Mike Weir Excerpts

Monday 19th October 2015 Commons Chamber

[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.

[Mike Weir (Angus) (SNP)]

I thank the Minister for that. I support the Bill, but I am slightly concerned about clause 8, which says

“the person intentionally imports a substance,”

and

“the person…intends to consume the psychoactive substance for its psychoactive effects”.

It seems to me that if someone imports and possesses even a small amount of the substance over the internet he is criminalised, but if he bought it in a head shop, for example, he would not be criminalised, which seems to be a strange provision. My hon. Friend the Member for Glasgow North East (Anne McLaughlin) is trying to make the point that we support provisions to deal with people who have these substances with intent to supply, or are supplying them to people in an evil trade, but to criminalise people for having small amounts of those substances is slightly dangerous.

[Mike Penning]

That is not the Bill’s intention. As we go through the Bill in Committee we will endeavour to iron out those concerns.