argyrotsipi/train-dataset huggingface dataset:
Recall of MPs Bill — House of Lords, 2015-02-10
Topic: Government Operations
William John Lawrence Wallace (Liberal Democrats, Centre to centre-left): My Lords, the Government are keen to encourage participation in recall petitions, but in allowing this freedom of participation it is vital that the rules governing campaigning are appropriate and are complied with. In what will, we hope—as the noble Lord, Lord Kennedy, suggested—be the very rare event of a recall petition being initiated, spending and donation returns will be subject to high levels of scrutiny. This is made possible by the transparency that the Bill affords. Recall petition returns are to be made publicly available for a period of two years. Any member of the public can review these and report any evidence of wrongdoing to the police, who will investigate the matter. If it is thought that there is substance to the allegations, the police can refer the matter to the CPS, which may launch a prosecution A person could also lodge a petition with the electoral court if they thought that the alleged breach of electoral law had affected the outcome of the petition. As the Bill stands, the Electoral Commission is also able to produce a report on a recall petition. This report would look at the administration of the campaign, how the rules on spending and donations actually worked and whether the limits set in the Bill are appropriate. The decision to produce this report lies with the Electoral Commission. The Government consider that providing the Electoral Commission with this reporting power is vital to ensuring confidence in the process and outcome of a recall petition To support this, the commission has been given the power to request recall petition returns from the petition officer. This amendment, which would require petition officers automatically to forward recall petition returns to the Electoral Commission, could further add confidence in the approach to regulation taken for recall petitions. So the Government recognise the merits behind this amendment and will consider this issue further before Third Reading. At this point, and with that assurance, I hope that the noble Lord will be willing to withdraw his amendment.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, my noble friend and I have Amendments 20, 21, 47 and 48 in this group. First, I welcome the introduction of this issue in Committee by the noble Lord, Lord Norton of Louth, which, as he said, was considered by the Constitution Committee. We are lucky to have committees which manage to just about keep ahead of the game in looking at legislation and helping the rest of the House in raising such issues. It is a very important point My amendments are in two pairs and both regard the regulations. One of each pair provides that when the Secretary of State consults before making regulations, as well as consulting those whom she considers to be appropriate, she should specifically consult the Advisory Council on the Misuse of Drugs both with regard to exempted substances under Clause 3 and excepting certain actions in regard to offences under Clause 10. The second amendment in each pair provides that she must also make a report to Parliament on the consultation. I have added that assuming that that is what would happen but I seek the Minister’s confirmation A number of people commenting on this Bill have said that the ACMD seems to have been sidelined when it should be upfront and the centre of what we are doing. I hope that this small point—it is not a small issue, but a small insertion—is something that the Minister and the Secretary of State would be glad to confirm as proper to be in the Bill.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Government Operations
Archibald Kirkwood (Liberal Democrats, Centre to centre-left): My Lords, I make a very short intervention simply to support this group of amendments ably moved by the noble Lord, Lord Norton, and in particular to support the plea of my noble friend Lady Hamwee for a better explanation vis-a-vis the advisory council—a point made eloquently by the noble Lord, Lord Howarth of Newport. When I read the Bill, I was astonished to find that the advisory council had been sidelined to the extent that it had. If it is to be sidelined in future, this is an extremely important change Speaking for myself, I will be looking very carefully at what the Minister says in reply to the previous speeches made on Amendment 47 because, if he is not careful, he might find another plethora of amendments being tabled at later stages to restore the advisory council to its rightful role, which it has discharged with distinction in my view since the 1971 Act. This is not an insignificant moment for me. If the Minister can persuade the Committee that these are simply incidental circumstances indicating that the advisory council has been put to one side for the temporary purposes of this Bill, that is one thing. However, if this is a systematic attempt to reduce its significance in future policy-making in this important area, I think noble Lords will want to return to this during later stages of the Bill.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Government Operations
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, it is appropriate to mention that, as well as the two committees to which the Minister referred, the Secondary Legislation Scrutiny Committee also takes an interest in consultation on regulations. I was a member of it for quite a long time and we frequently asked officials to go back to different departments because an Explanatory Memorandum gave very little information about the consultation that had been undertaken and the responses to it. That probably got into my DNA so I did not even realise it was there in prompting me to raise this point. I would not threaten the Minister with the Secondary Legislation Scrutiny Committee but it will certainly be on top of this if the Explanatory Memorandum is inadequate in this respect.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank all noble Lords who contributed to this debate and wish, if I may, to address a few of the points that were made The noble Lord, Lord Blencathra, asked how much constitutes personal use. If you have even a small amount of a drug but have it all in little bags, that indicates that you might be supplying it, or have possession with the intent to supply it. That is the sort of decision that a police officer has to make on the street. Whether it is to do with cannabis or any controlled drug, the decision on whether it is for personal use or possession with the intent to supply is one that is faced by officers every day Mention was made of the Swedish absolutely zero tolerance approach. I was not going to raise this issue again but it goes to the heart of what we are discussing. We are all on the same page as regards a lot of what the Minister has said, and what I have suggested in trying to persuade people to get treatment, or on education and so forth. However, the very big difference between us, of course, is whether or not possession is illegal As I say, I was not going to bring this up again, but I mentioned at Second Reading a former partner of mine, who became my best friend, who tragically died as a result of taking drugs. His mother asked me to go to the inquest, which is where I learned what had happened. He realised that he had taken an overdose of a drug called GHB. I honestly believe that, if possession of a small amount of that drug for personal use had not been illegal, he and the people that he was with would have sought medical assistance quicker. In fact, he tried to make himself sick in order to get rid of the overdose and thought that he would be okay. He fell asleep and, by the time he was found by his friends, he had obviously stopped breathing for half an hour or an hour or so. They did not seek medical treatment because his condition was to do with illegal drugs I know a nightclub manager in Vauxhall who tells me that in other clubs in Vauxhall partygoers who have collapsed—collapsing is what happens if you overdose on GHB—as a result of taking illegal drugs are carried out on to the street by security before an ambulance is called, which could be the difference between life and death for those people, because the nightclub owners do not want to have a reputation with the police that illegal drugs are being used in their clubs. That is why in Ireland, with the passing of a similar Bill, and in Sweden, there are so many deaths because people are taking illegal substances and therefore do not seek the medical help that they desperately need. So I hope your Lordships will forgive me but this is personal as well as professional for me.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Agriculture
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I will speak also to Amendments 31, 32, 33 and 34. In view of the debate on the previous amendment, I should declare that some of my friends say that, when doctors ask the question, "Does anyone ever comment on your drinking?", I should say yes because I drink so little. On the other hand, coffee and chocolate—now, there you are talking I am concerned about the definitions in Schedule 1. For example, "‘caffeine products’ means any product which … contains caffeine, and … does not contain any psychoactive substance" I am bemused by this. It must mean "does not contain any other psychoactive substance", in which case we should say so. We have heard that the Government will be responding to the Constitution Committee. I will not say that the committee was also bemused—that would be very disrespectful—but it pointed out some issues with the relationships between exemptions and so on. We await the response The first three amendments are all the same and the fourth one is, in essence, the same as the first three. The last amendment in this group refers to instruments relating to food. The noble Lord, Lord Blencathra, talked about the amount of EU regulation on this issue. I am interested in the words, "the use of which in or on food is not authorised by an EU instrument" Should it not be "an EU or other applicable instrument", which is what I am suggesting Even if there is no secondary legislation or any ruling which applies to this, perhaps we should future-proof it in case there is. I beg to move.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I shall also speak to Amendments 36 to 38, tabled in my name and that of my noble friend Lady Hamwee. Amendment 35 amends the offence of producing a psychoactive substance so that a person commits an offence under Clause 4(1)(b) if he or she, "knows or thinks that the substance is a psychoactive substance", rather than if he or she "suspects" it. Amendments 36 and 37 make a similar change to the offence of supply or offering to supply under Clause 5(1)(c) to read that the person "knows or thinks" or ought to "know or think, that the substance is a psychoactive substance" Amendment 38 is probing in nature to delete Clause 5(3) simply to try to elicit from the Minister an explanation of what on earth the subsection actually means Police officers suspect while the rest of us think. I am picturing myself with a person I have just arrested—sometimes I dream that I am still in the police; rather, it is a nightmare—in the tape-recording interview room at the police station, when I ask him, "Did you suspect this to be a psychoactive substance?". Surely the question is whether the suspect thought that it was a psychoactive substance, not whether he suspected it to be one. "Suspect" is rather value-laden, which usually has negative connotations. "If you suspect it, report it", is the latest from the Metropolitan Police. To us it seems more sensible to substitute "thinks" for "suspects" in the context of these offences On Amendment 38, perhaps the Minister can explain what: "For the purposes of subsection (2)(b), the reference to a substance’s psychoactive effects includes a reference to the psychoactive effects which the substance would have if it were the substance which P had offered to R", means, and why it is necessary. I beg to move.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I rise to support Amendment 39 and to speak to Amendments 45 and 52, which are in my name and that of my noble friend Lady Hamwee. I agree with some of the remarks made by the noble Lord, Lord Howarth of Newport. However, I got a touch of déjà vu because I think I made out the case for the decriminalisation of drugs when I spoke to Amendment 23. I will not go over that again Amendment 45 clarifies the offence of intentionally importing a psychoactive substance under Clause 7(1)(a) to exclude the importation if it is, "for the person’s own consumption" Amendment 52 makes a similar change to the definition of "prohibited activity". It would amend Clause 11(1)(d) to read, "importing such a substance other than for the person’s own consumption" As we have heard, the Government do not intend to make possession of psychoactive substances under this Bill a criminal offence. This Bill is targeted at those who supply such substances. While it is therefore reasonable and logical for the importation of such substances for sale or supply to also be an offence, it seems disproportionate to make importation solely for one’s own consumption an offence What will happen if this Bill becomes law is what happened in Ireland when similar provisions were enacted. People who currently buy their psychoactive substances from head shops will instead buy them from street drug dealers or, more likely, buy them online. Under this Bill, the police will be able to close down UK-based websites, forcing users to buy their drugs from websites overseas. When they buy their drugs from such websites, they will be guilty of importing psychoactive substances, even if their only intention is to consume the drugs themselves. It seems inconsistent for the Government not to criminalise possession of psychoactive substances under this Bill but still to criminalise people for trying to possess them in this way.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): Before the noble Lord withdraws his amendment, can I just say that surely there must be a way to allow all these substances—or as many as are discovered—to be confiscated by the Border Force without making importation for personal use a specific offence? Surely they can be treated as two separate things. No doubt we can discuss that during the Bill’s further stages.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Archibald Kirkwood (Liberal Democrats, Centre to centre-left): My Lords, in following the commendably concise remarks of the noble Lord, Lord Rosser, I wish to speak to Amendments 41, 42 and 108, standing in my name and that of the right reverend Prelate the Bishop of Bristol. These amendments are self-evident and seek to refine and extend protection for children under Clause 6. The provenance of these amendments is the Children’s Society, which, as a result of the important work that it does protecting children, has made a compelling case that these factors need to be inserted in the Bill as additional aggravating factors Basically, I am asking the Committee to amend the Bill to make the supply of psychoactive substances to children under the age of 18, or in the vicinity of premises where vulnerable children reside, an aggravating factor of an offence. The evidence indicates that psychoactive substances are now increasingly being used to groom children who are in vulnerable situations and environments. As the Government have already recognised that the school environment needs to be protected, this established principle would merely be extended a little by accepting the amendments suggested by the Children’s Society. It has provided some, I hope, very helpful definitions of accommodation for vulnerable children, which I think are applicable to England and probably Wales. I do not know whether they are entirely appropriate for Scotland, but I would like the Minister’s advice on that. There are three sets of circumstances where children are particularly exposed to these situations—residential care, as defined by people in supported accommodation, and 16 year-olds and 17 year-olds who find themselves homeless. I would be interested to hear about the experience of the right reverend Prelate in this regard as I know that the church does valuable work in this area. He may be able to expand on some of the background circumstances that caused the Children’s Society to promote these amendments Amendment 108 seeks to apply these proposed aggravating circumstances to other controlled drugs under the 1971 legislation. As I understand it, at the moment there are merely non-statutory aggravating factors in the 1971 provisions. If Amendment 108 found favour with the Minister, I think that we would be able to ensure the same protection from the courts, as they would be required to take account of aggravating features in considering any offence.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, Clause 6, I believe, replicates almost exactly the provision in the Misuse of Drugs Act. Without commenting on either of the areas of concern, although I quite understand the concern, my question to the Minister is: have the Government had any advice about extending the list of aggravating factors generally? Right at the start of Committee we raised the issue of a review of the Misuse of Drugs Act. This is the sort of thing that could well come within the scope of a review The Minister will explain to the Committee in a moment the one word which would be different from Section 4A of the Misuse of Drugs Act and that is in his Amendment 43 to Clause 6(6). The MDA talks about delivering a controlled drug to a third person. Like the original drafter of this provision, I would have thought that referring to a psychoactive substance is logical and if we take out the word "psychoactive"—unless we are going to be told that that is what we have to read into it—it would seem to mean that if someone under 18 delivering anything to another person in connection with an offence falls within this. But I had better not further anticipate what we will be told about this.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, if the correct way of dealing with subsection (6) is just to refer to the delivery of a substance, are the Government considering changing Section 4 of the Misuse of Drugs Act—I do not have the Act with me—to take out the reference to a controlled drug? I do not expect an answer at this point but I am not immediately persuaded that they should be different.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, Amendment 51 stands in my name and the names of my noble friend Lady Hamwee and the noble Baroness, Lady Meacher. It would allow the Secretary of State to make regulations to license people and premises to sell low-risk psychoactive substances after consultation with representatives of the police, local authorities and small businesses The Government, in their background briefing to the Bill, acknowledge that some so-called head shops are well run and that the owners or managers of these premises make every effort to remain with the law and to conduct their business responsibly. We maintain that were all head shops to disappear, as happened when similar legislation was enacted in Ireland, users would resort to far more dangerous suppliers, such as street drug dealers and overseas websites. There is a real danger that the complete disappearance of head shops would result in more deaths from new psychoactive substances. Together with other amendments already debated, this amendment would allow low-risk psychoactive substances that have been exempted from the Bill to be sold to adults only, in closely regulated premises, by fit and proper licence holders We had a discussion this afternoon about how alcohol is very closely regulated. We are saying that, through this amendment, other low-risk psychoactive substances could be regulated and controlled. The overall effect of these changes would be to keep users from being driven into the hands of criminal suppliers and unregulated websites. I beg to move.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): I thank the Minister and other noble Lords for their contributions. The noble Lord, Lord Howarth of Newport, talked about having received the LGA briefing on this amendment. Regrettably, we have not received it, which puts us in a slightly difficult position in commenting on it. However, from what I have heard in the Chamber this afternoon, there seems to be some confusion over what the amendment is proposing. It proposes that local authorities license people and premises but the decision on which substances can be sold—that is, whether something is a low-risk substance—would be agreed by the Secretary of State, who would then put that substance on the exempt list. We have debated what "low-risk substance" means or could mean on a previous amendment. Our Amendment 22 offered a definition of "low overall risk" taken precisely from the Misuse of Drugs Act. What a low-risk substance is and how you define it is a separate debate I am grateful to the noble Lord, Lord Blencathra, for raising this new research. Again, it is difficult to comment without having read it, unlike the Minister. However, it sounds as though the surveys were conducted in a treatment centre for young people. The difficulty, as I have mentioned, is that when substances are made illegal people are very reluctant to come forward to seek treatment because those substances are now illegal, whereas previously they were legal and people had no qualms about coming forward Last week we offered the House the chance to have an independent, objective review, not only of the operation of the Misuse of Drugs Act but of what is happening in Ireland. It is very difficult for us in Committee to decide which side of the argument we come down on when there appears to be completely conflicting evidence of what the effects of the Irish ban are As to one thing I am more certain about, the Minister talked about the rejection of the New Zealand model. I understand that the problem with that model is that the suppliers of new psychoactive substances have not been prepared to put up the money to have their substances tested to the extent that they need to be to be approved. That is why the New Zealand model has run into the ground.
Psychoactive Substances Bill [HL] — House of Lords, 2015-06-30
Topic: Agriculture
Brian Paddick (Liberal Democrats, Centre to centre-left): I accept that testing anything on animals is another very contentious issue. However, it is not right to say that the New Zealand model, whereby the door has been left open to allow people to have substances tested to see whether they are low risk, has been rejected, other than on commercial grounds by the people who are producing them Having said all that, I am very grateful to the Minister for his explanation. I beg leave to withdraw the amendment.