Session 2015-16
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1

 

House of Commons

 
 

Wednesday 20 January 2016

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Psychoactive Substances Bill [Lords], As


 

Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Lyn Brown

 

Andrew Gwynne

 

Andy Burnham

 

Sue Hayman

 

NC1

 

To move the following Clause—

 

         

“New Psychoactive Substances – Prevention and Education

 

(1)    

In section 84(3) of the Education Act 2002 (curriculum foundation subjects for

 

the first, second and third key stages), after paragraph (g) there is inserted—

 

“(gi)    

personal, social and health education.

 

(2)    

In section 85(4) of the Education Act 2002 (curriculum foundation subjects for

 

the fourth key stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”

 

(3)    

In section 74(1) of the Education and Inspections Act 2006, which (when brought

 

into force) will substitute a new section 85 in the Education Act 2002, in

 

subsection (4) of that substituted section (foundation subjects for the fourth key

 

stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”


 
 

Consideration of Bill (Report Stage): 20 January 2016      

2

 

Psychoactive Substances Bill-[Lords], continued

 
 

(4)    

Before section 86 of the Education Act 2002 there is inserted—

 

“85B  

Personal, social and health education

 

 

(1)    

For the purposes of this Part, personal, social, health education (“PSHE”) shall

 

comprise—

 

(a)    

education about alcohol and tobacco, illegal recreational drugs and new

 

psychoactive substances;

 

(b)    

education about emotional health and well-being and how this can be

 

impacted by psychoactive substances;

 

(c)    

education about individual safety, including risk taking behaviour.

 

(2)    

The National Curriculum for England is not required to specify attainment targets

 

or assessment arrangements for PSHE (and section 84(1) has effect accordingly).

 

(3)    

The Secretary of State for Education shall set out guidance to schools and

 

colleges to ensure that a coherent approach to personal, social, health and

 

economic education is developed, including between primary and secondary

 

schools.

 

(4)    

It is the duty of the governing body and headteacher of any school in which PSHE

 

is provided in pursuance of this Part to secure that guidance issued under

 

subsection (3) is followed and principles set out in subsections (5) to (6) are

 

complied with.

 

(5)    

The first principle is that information presented in the course of providing PSHE

 

should be accurate and balanced.

 

(6)    

The second principle is that PSHE should be taught in a way that—

 

(a)    

is appropriate to the ages of the pupils concerned and to their religious

 

and cultural backgrounds, and also

 

(b)    

reflects a reasonable range of religious, cultural and other perspectives.

 

(7)    

The third principle is that PSHE should be taught in a way that—

 

(a)    

endeavours to promote equality,

 

(b)    

encourages acceptance of diversity, and

 

(c)    

emphasises the importance of both rights and responsibilities.

 

(8)    

In the exercise of their functions under this Part so far as relating to PSHE, a local

 

authority, governing body or headteacher shall have regard to any guidance

 

issued from time to time by the Secretary of State.”

 

Member’s explanatory statement

 

This would amend the Education Act to make PHSE, with drugs education including new

 

psychoactive substances, a foundation subject in the national curriculum.

 



 
 

Consideration of Bill (Report Stage): 20 January 2016      

3

 

Psychoactive Substances Bill-[Lords], continued

 
 

Lyn Brown

 

Andrew Gwynne

 

John Woodcock

 

Andy Burnham

 

Sue Hayman

 

NC2

 

To move the following Clause—

 

         

“Breach of a premises notice

 

(1)    

A senior officer or a local authority may issue a notice requiring a premises to

 

cease trading if conditions A, B and C are met.

 

(2)    

Condition A is that the premises has been issued a premises notice under section

 

13 of this Act.

 

(3)    

Condition B is that in the view of the senior officer or a local authority that issued

 

the premises notice, the terms of that notice are not being complied with.

 

(4)    

Condition C is that the senior officer or local authority has made an application

 

to an appropriate court for a premises order under section 19 of this Act.

 

(5)    

A notice issued to a premises under subsection 1 shall cease to have effect when

 

a court has considered an application for a premises order in respect of that

 

premise.

 

(6)    

In a case where a court has decided not to issue a premises order to a premise that

 

has been subject to a notice under this section, the court may order the local

 

authority or the senior officer’s organisation to pay compensation to the owner of

 

the premises in respect of income lost due to the suspension in trading.

 

(7)    

For the meaning of “senior officer”, see section 12(7).”

 

Member’s explanatory statement

 

This new clause’s intention is to allow a senior officer or local authority to compel a premises to

 

stop trading while it applies for a premises order.

 


 

Dr Poulter

 

Mr Peter Lilley

 

Norman Lamb

 

NC3

 

To move the following Clause—

 

         

“Control of cannabis

 

(1)    

Within six months of the passing of this Act, the Secretary of State shall consult

 

the Advisory Council on the Misuse of Drugs pursuant to the Misuse of Drugs

 

Act 1971 with regard to the use of her powers to make regulations under sections

 

7, 10, 22 and 31 of that Act to—

 

(a)    

delete from Schedule 1 to the Misuse of Drugs Regulations 2001 the

 

substances listed in subsection (2), and

 

(b)    

add those substances to Schedule 2 to the 2001 Regulations.

 

(2)    

The substances referred to in subsection (1) are—

 

(a)    

cannabis, and


 
 

Consideration of Bill (Report Stage): 20 January 2016      

4

 

Psychoactive Substances Bill-[Lords], continued

 
 

(b)    

cannabis resin.”

 

Member’s explanatory statement

 

The intention of this amendment is to re-scheduling Cannabis from a Schedule 1 drug to a Schedule

 

2 drug for the purposes of promoting research into its medical use.

 


 

Norman Lamb

 

NC4

 

To move the following Clause—

 

         

“Referral to Advisory Council on the Misuse of Drugs

 

(1)    

The Ministers shall refer to the Advisory Council on the Misuse of Drugs

 

(ACMD) any substance which is, or may be, a psychoactive substance.

 

(2)    

The ACMD shall advise the Ministers whether the substance is, or appears to the

 

ACMD likely to be, misused and of which the misuse is having, or appears to the

 

ACMD to be capable of having, harmful effects sufficient to constitute a social

 

problem.

 

(3)    

For the purposes of this section, “the Ministers” has the same meaning as in

 

section 1(4) of the Misuse of Drugs Act 1971 (The Advisory Council on the

 

Misuse of Drugs).”

 


 

Norman Lamb

 

NC5

 

To move the following Clause—

 

         

“Review of the Misuse of Drugs Act 1971

 

(1)    

The Secretary of State shall commission an independent evidence-based review

 

of—

 

(a)    

the effectiveness of the Misuse of Drugs Act 1971 in reducing the harm

 

caused by the misuse of drugs, including social problems connected with

 

their misuse, and

 

(b)    

the implementation of the Act.

 

(2)    

The Secretary of State shall lay a copy of a report of the review before both

 

Houses of Parliament within one year of the passing of this Act.”

 



 
 

Consideration of Bill (Report Stage): 20 January 2016      

5

 

Psychoactive Substances Bill-[Lords], continued

 
 

Norman Lamb

 

NC6

 

To move the following Clause—

 

         

“Possession of controlled drugs

 

(1)    

The Misuse of Drugs Act 1971 is amended as follows.

 

(2)    

Omit section 5(1) and (2).

 

(3)    

After section 5 insert—

 

“5A    

Measures in respect of possession of controlled drugs for personal use

 

(1)    

Where a person is detained on suspicion of having committed an

 

arrestable offence and is found to be in possession of a controlled drug,

 

falling within Schedule 2 (Class A drugs) in circumstances which do not

 

constitute an offence under section 3 (restriction of importation and

 

exportation of controlled drugs) or section 4 (restriction of production

 

and supply of controlled drugs), a senior officer or a local authority may

 

require the person to attend a drug treatment programme or drug

 

awareness programme.

 

(2)    

The Secretary of State shall by regulations define “drug treatment

 

programme” and “drug awareness programme” for the purposes of this

 

Act.

 

(3)    

Regulations made under this section must be made by statutory

 

instrument.

 

(4)    

A statutory instrument under this section may not be made unless a draft

 

of the instrument has been laid before, and approved by resolution of,

 

both Houses of Parliament.””

 

 


 

Norman Lamb

 

23

 

Clause  1,  page  1,  line  3,  after “about” insert “reviewing the Misuse of Drugs Act

 

1971 and”

 

Norman Lamb

 

24

 

Clause  1,  page  1,  line  11,  at end insert—

 

“(6A)    

Section [Control of Cannabis] provides for legal possession and supply of

 

cannabis prescribed by a doctor.”

 


 

Norman Lamb

 

18

 

Clause  2,  page  1,  line  14,  after “any” insert “novel”


 
 

Consideration of Bill (Report Stage): 20 January 2016      

6

 

Psychoactive Substances Bill-[Lords], continued

 
 

Norman Lamb

 

19

 

Clause  2,  page  1,  line  15,  leave out paragraph (a) and insert—

 

“(a)    

in the opinion of the Advisory Council on the Misuse of Drugs is capable

 

of producing a psychoactive effect in a person who consumes it, and

 

(aa)    

is, or appears to the Advisory Council on the Misuse of Drugs likely to

 

be, misused and of which the misuse is having, or appears to them

 

capable of having, harmful effects sufficient to constitute a social

 

problem, and”

 

Stuart C. McDonald

 

Anne McLaughlin

 

Owen Thompson

 

12

 

Clause  2,  page  1,  line  16,  leave out “and” and insert—

 

“(aa)    

is not prohibited by the United Nations Drug Conventions of 1961 and

 

1971, or by the Misuse of Drugs Act 1971, but which may pose a public

 

health threat comparable to that posed by substances listed in these

 

conventions, and”

 

Member’s explanatory statement

 

This amendment to the definition includes part of the alternative definition of psychoactive

 

substances proposed to the Home Affairs Select Committee by the Advisory Council on the Misuse

 

of Drugs.

 


 

Norman Lamb

 

20

 

Clause  3,  page  2,  line  12,  at end insert—

 

“(2A)    

The Advisory Council on the Misuse of Drugs shall propose to the Secretary of

 

State the amendment of Schedule 1 for the purposes of subsection (2)(a) if they

 

consider that a substance does not have, or is not capable of having, harmful

 

effects sufficient to constitute a social problem.”

 


 

Norman Lamb

 

21

 

Clause  5,  page  3,  line  9,  at end insert—

 

“(2A)    

It shall be a defence that the person did not supply the substance for gain (whether

 

direct or indirect).”

 

Stuart C. McDonald

 

Anne McLaughlin

 

Owen Thompson

 

13

 

Clause  5,  page  3,  line  15,  at end insert—

 

“(5)    

It is not an offence under this section for a person (“A”) to supply a psychoactive

 

substance to person (“B”), where A and B are known to each other and such


 
 

Consideration of Bill (Report Stage): 20 January 2016      

7

 

Psychoactive Substances Bill-[Lords], continued

 
 

supply is part of an agreement to obtain psychoactive substances for either A’s,

 

B’s or both’s own consumption and the supply does not profit person A.”

 

Member’s explanatory statement

 

This amendment avoid one person being criminalised when as part of a group, he is responsible

 

for obtaining psychoactive substances for the group where, in effect, each person in the group is

 

purchasing for their own consumption.

 


 

Kit Malthouse

 

Mrs Anne-Marie Trevelyan

 

Tom Tugendhat

 

Dr Tania Mathias

 

Victoria Prentis

 

Mike Wood

 

Simon Hoare

 

James Cleverly

 

Craig Williams

 

Kelly Tolhurst

 

Chris Green

 

Royston Smith

 

2

 

Clause  6,  page  3,  line  19,  leave out “or C” and insert “, C, D or E”

 

Kit Malthouse

 

Mrs Anne-Marie Trevelyan

 

Tom Tugendhat

 

Dr Tania Mathias

 

Victoria Prentis

 

Mike Wood

 

Simon Hoare

 

James Cleverly

 

Craig Williams

 

Kelly Tolhurst

 

Chris Green

 

Royston Smith

 

3

 

Clause  6,  page  4,  line  7,  at end insert—

 

“(9A)    

Condition D is that the offence was committed on or within 100 metres of a

 

children’s home.

 

(9B)    

For the purposes of section (9A) “children’s home” has the same meaning as in

 

section 1 of the Care Standards Act 2000.

 

(9C)    

Condition E is that the offender supplied a psychoactive substance to any persons

 

who were under the age 18 when the offence was committed.”

 


 

Stuart C. McDonald

 

Anne McLaughlin

 

Owen Thompson

 

14

 

Clause  8,  page  4,  line  38,  leave out paragraph (i)

 

Member’s explanatory statement

 

This amendment seeks to exclude from criminalisation those who order psychoactive substances

 

over the internet for personal consumption.


 
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Revised 19 January 2016