Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 27 October 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 57, NC4

 

Psychoactive Substances Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

accordance with the Resolution of the Programming Sub-Committee.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 26 October (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 27

 

October) meet—

 

(a)  

at 2.00 pm on Tuesday 27 October; 

 

(b)  

at 11.30am and 2.00 pm on Thursday 29 October,

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 3;

 

Schedule 1; Clauses 4 to 39; Schedule 2; Clauses 40 to 56; Schedule 3;

 

Clauses 57 to 59; Schedule 4; Clauses 60 to 62; new Clauses; new Schedules;

 

remaining proceedings on the Bill;

 

(3)  

the proceedings on the Bill shall (so far as not previously concluded) be

 

brought to a conclusion at 5.00 pm on Thursday 29 October.

 

Mike Penning has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 



 
 

Public Bill Committee: 27 October 2015                  

2

 

Psychoactive Substances Bill-[Lords], continued

 
 

Mike Penning

 

That, subject to the discretion of the Chairman, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Mike Penning

 

1

 

Clause  1,  page  1,  line  5,  after “9”, insert “and (Possession of a psychoactive

 

substance in a custodial institution)”

 

Member’s explanatory statement

 

This amendment is consequential on NC2.

 

Mike Penning

 

2

 

Clause  1,  page  1,  line  7,  leave out “Section 10” and insert “Section (Exceptions to

 

offences)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 11 and NC3.

 


 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

51

 

Clause  2,  page  1,  line  14,  leave out subsection (1) and insert—

 

    

“In this Act “psychoactive substance” means any substance which is capable of

 

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

 

(a)    

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

 

(b)    

is not an exempted substance (see section 3)”

 

Member’s explanatory statement

 

This new definition includes part of the alternative definition of psychoactive substances proposed

 

by ACMD which clearly merits debate and clear reasons why it should be rejected - if it is to be

 

rejected. This would also incorporate reference to harm.

 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

43

 

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

 

“(a)    

is a compound capable of producing a pharmacological response on the

 

central nervous system or which produces a chemical response in vitro,

 

identical or pharmacologically similar to substances controlled under the

 

Misuse of Drugs Act 1971, and”

 

Member’s explanatory statement

 

Together with amendment 44 this would replace the definition of psychoactive substance within

 

the Bill by the definition recommended by the Advisory Council for the Misuse of Drugs.


 
 

Public Bill Committee: 27 October 2015                  

3

 

Psychoactive Substances Bill-[Lords], continued

 
 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

44

 

Clause  2,  page  1,  line  18,  leave out subsection (2) and insert—

 

“(2)    

For the purpose of this Act

 

“substance” means any compound, irrespective of chemical state, produced

 

by synthesis, or metabolites of those compounds.

 

“synthesis” means the process of producing a compound by human

 

instigation of at least one chemical reaction.

 

“compound” means any chemical species that is formed when two or more

 

atoms join together chemically.”

 

Member’s explanatory statement

 

Together with amendment 43 this would replace the definition of psychoactive substance within

 

the Bill by the definition recommended by the Advisory Council for the Misuse of Drugs.

 


 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

45

 

Clause  3,  page  2,  line  14,  at end insert—

 

“(3A)    

The Home Secretary must consider making regulations under subsection (2) if

 

she receives a recommendation from the Advisory Council of Misuse of Drugs to

 

bring forward such a regulation in respect of a psychoactive substance.”

 

Member’s explanatory statement

 

This would enable the ACMD to proactively request that the Home Secretary consider regulations.

 


 

Mike Penning

 

3

 

Schedule  1,  page  38,  line  7,  leave out from “products” to end of line 12 and

 

insert—

 

            

““Medicinal product” has the same meaning as in the Human Medicines

 

Regulations 2012 (S.I. 2012/1916) (see regulation 2 of those Regulations).”

 

Member’s explanatory statement

 

This amendment replaces the definition of “medicinal product” in paragraph 2 of Schedule 1. The

 

revised definition adopts that in regulation 2 of the Human Medicines Regulations 2012, which

 

includes, but is wider than, medicinal products for which a marketing authorisation or an Article

 

126a authorisation is in force.

 

Mike Penning

 

4

 

Schedule  1,  page  38,  line  13,  leave out paragraphs 3 to 5

 

Member’s explanatory statement

 

This amendment is consequential on amendment 3. It removes the entries in paragraphs 3 to 5 of

 

Schedule 1 in respect of investigational medicinal products, homoeopathic medicinal products and

 

traditional herbal medicinal products, as these products fall within the revised definition of

 

medicinal product inserted by that amendment.


 
 

Public Bill Committee: 27 October 2015                  

4

 

Psychoactive Substances Bill-[Lords], continued

 
 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

56

 

Schedule  1,  page  39,  line  23,  at end insert—

 

“Miscellaneous

 

11         

—alkyl nitrates”

 

Member’s explanatory statement

 

This amendment seeks to implement a recommendation by the Home Affairs Select Committee that

 

“poppers” should not be banned.

 


 

Mike Penning

 

5

 

Clause  4,  page  2,  line  32,  leave out from “subject to” to end of line 33 and insert

 

“section (Exceptions to offences) (exceptions to offences).”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 11 and NC3.

 


 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

46

 

Clause  5,  page  2,  line  36,  at end insert “for personal gain”

 

Member’s explanatory statement

 

This would restrict the offence of supplying psychoactive substances to those who do it for personal

 

gain, as opposed to those who supply them for other purposes.

 

Mike Penning

 

6

 

Clause  5,  page  3,  line  14,  leave out from “subject to” to end of line 15 and insert

 

“section (Exceptions to offences) (exceptions to offences).”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 11 and NC3.

 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

52

 

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

 

supply is part of an agreement to obtain psychoactive substances for either As, Bs

 

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

 

Member’s explanatory statement

 

This amendment seeks to explore how to avoid one person being criminalised when as part of a


 
 

Public Bill Committee: 27 October 2015                  

5

 

Psychoactive Substances Bill-[Lords], continued

 
 

group, he is responsible for obtaining psychoactive substances e.g. via the internet; when in reality

 

each person in the group is purchasing for their own consumption.

 


 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

47

 

Clause  6,  page  3,  line  20,  leave our “B or C” and insert “B, C or D”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 48.

 

Mr David Burrowes

 

40

 

Clause  6,  page  3,  line  20,  leave out “or C” and insert “, C, D or E”

 

Mr David Burrowes

 

41

 

Clause  6,  page  3,  line  43,  at end insert—

 

“(8A)    

Condition D is that the offence was committed on or in the vicinity of any

 

premises intended to locate any vulnerable child;

 

(8B)    

In this section “vulnerable child” means any person aged under 18 who is not

 

living with their family and is—

 

(a)    

accommodated in regulated residential care or unregulated

 

accommodation under section 17, 20, 25 or 31 of The Children Act 1989,

 

or,

 

(b)    

accommodated in accommodation under part 7 of the Housing Act 1996.

 

(8C)    

The Secretary of State may by order made by statutory instrument specify the

 

circumstances in which paragraph (a) and/or (b) of subsection (7B) apply.

 

(8D)    

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

 

under the age 18.”

 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

48

 

Clause  6,  page  3,  line  43,  at end insert—

 

“(8A)    

Condition D is that the person who committed the offence knew, or had reason to

 

believe, that the consumption of psychoactive substance would cause the person

 

consuming the substance harm.”

 

Member’s explanatory statement

 

Makes it an aggravating factor to sell a substance which the person knew or suspected to be

 

harmful.

 

Mike Penning

 

7

 

Clause  6,  page  3,  line  43,  leave out “on prison premises.” and insert “in a custodial

 

institution.

 

( )    

In this section—

 

“custodial institution” means any of the following—


 
 

Public Bill Committee: 27 October 2015                  

6

 

Psychoactive Substances Bill-[Lords], continued

 
 

(a)    

a prison;

 

(b)    

a young offender institution, secure training centre, secure

 

college, young offenders institution, young offenders centre,

 

juvenile justice centre or remand centre;

 

(c)    

a removal centre, a short-term holding facility or pre-departure

 

accommodation;

 

(d)    

service custody premises;

 

“removal centre”, “short-term holding facility” and “pre-departure

 

accommodation” have the meaning given by section 147 of the

 

Immigration and Asylum Act 1999;

 

“service custody premises” has the meaning given by section 300(7) of the

 

Armed Forces Act 2006.”

 

Member’s explanatory statement

 

This amendment replaces the reference to “prison premises” in clause 6(8) with a reference to a

 

“custodial institution”. It then defines a custodial institution; the definition includes adult and

 

juvenile prisons, immigration detention accommodation and service custody premises.

 

Mike Penning

 

That subsection (9) of Clause 6 be transferred to the end of line 29 on page 3

 

Member’s explanatory statement

 

This amendment is consequential on amendment 7.

 


 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

49

 

Clause  7,  page  4,  line  17,  at end insert—

 

“(d)    

the person intends to do this for personal gain”

 

Member’s explanatory statement

 

This amendment would mean possession with intent to supply would only be an offence if the

 

person was supplying the product for gain.

 

Mike Penning

 

8

 

Clause  7,  page  4,  line  18,  leave out from “subject to” to end of line 19 and insert

 

“section (Exceptions to offences) (exceptions to offences).”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 11 and NC3.

 



 
 

Public Bill Committee: 27 October 2015                  

7

 

Psychoactive Substances Bill-[Lords], continued

 
 

Lyn Brown

 

Andrew Gwynne

 

Grahame Morris

 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

50

 

Clause  8,  page  4,  line  27,  leave out sub-paragraph (i)

 

Member’s explanatory statement

 

This means it would not be an offence to import a new psychoactive substance for personal

 

consumption.

 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

54

 

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

 

Member’s explanatory statement

 

This amendment seeks to explore how we can ensure that there is no criminalisation of those who

 

order psychoactive substances over the internet for personal consumption.

 

Mike Penning

 

9

 

Clause  8,  page  5,  line  6,  leave out from “subject to” to end of line 7 and insert

 

“section (Exceptions to offences) (exceptions to offences).”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 11 and NC3.

 


 

Stuart C. McDonald

 

Owen Thompson

 

Angela Crawley

 

55

 

Clause  9,  page  5,  line  26,  at end insert—

 

“(2)    

In sentencing, account shall be taken of the relative harm associated with the

 

psychoactive substance that was the subject matter of the offence”

 

Member’s explanatory statement

 

This amendment seeks to ensure sentencing is commensurate with the potential harm done by the

 

substance involved.

 

Mike Penning

 

10

 

Clause  9,  page  5,  line  26,  at end insert—

 

“( )    

A person guilty of an offence under section (Possession of a psychoactive

 

substance in a custodial institution) is liable—

 

(a)    

on summary conviction in England and Wales—

 

(i)    

to imprisonment for a term not exceeding 12 months (or 6

 

months, if the offence was committed before the commencement

 

of section 154(1) of the Criminal Justice Act 2003), or

 

(ii)    

to a fine,

 

    

or both;

 

(b)    

on summary conviction in Scotland—


 
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