House of Commons Hansard Debates for 28 Mar 1994

Previous Section

Home Page

Column 692

Smith, Sir Dudley (Warwick)

Soames, Nicholas

Speed, Sir Keith

Spencer, Sir Derek

Spicer, Michael (S Worcs)

Spink, Dr Robert

Spring, Richard

Sproat, Iain

Squire, Robin (Hornchurch)

Stanley, Rt Hon Sir John

Steen, Anthony

Stephen, Michael

Stern, Michael

Stewart, Allan

Streeter, Gary

Sumberg, David

Sweeney, Walter

Sykes, John

Tapsell, Sir Peter

Taylor, Ian (Esher)

Taylor, John M. (Solihull)

Temple-Morris, Peter

Thomason, Roy

Thompson, Sir Donald (C'er V)

Thompson, Patrick (Norwich N)

Thornton, Sir Malcolm

Thurnham, Peter

Townend, John (Bridlington)

Townsend, Cyril D. (Bexl'yh'th)

Tracey, Richard

Trend, Michael

Trotter, Neville

Twinn, Dr Ian

Vaughan, Sir Gerard

Viggers, Peter

Waldegrave, Rt Hon William

Walden, George

Walker, Bill (N Tayside)

Waller, Gary

Ward, John

Wardle, Charles (Bexhill)

Waterson, Nigel

Watts, John

Wells, Bowen

Wheeler, Rt Hon Sir John

Whitney, Ray

Whittingdale, John

Widdecombe, Ann

Wiggin, Sir Jerry

Wilkinson, John

Willetts, David

Wilshire, David

Wolfson, Mark

Wood, Timothy

Yeo, Tim

Young, Rt Hon Sir George

Tellers for the Noes :

Mr. Timothy Kirkhope and

Mr. Michael Brown.

Question accordingly negatived .

New Clause 4 --

Prevention of misuse of drugs by young people

.--(1) It shall be the duty of each authority, in co-operation with the police, probation service and such other agencies as it thinks fit, to assess the need for education to prevent the misuse of drugs and other drug-related crime among persons under the age of 18 years in its area.

(2) The Secretary of State may make grants to authorities in order for them

(a) to fulfil their duty under subsection (1) above, and (b) to provide the education which, having made the assessment under subsection (1) above, they deem necessary.

(3) In this section, "authority" means

(a) the council of any county so far as they are the council for an area for which there are no district councils,

(b) the council of any district comprised in an area for which there is no district council,

(d) the Common Council of the City of London, or

(e) the Council of the Isles of Scilly.'.-- [Mr. Michael.] Brought up, and read the First time.

Mr. Michael : I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael Morris) : With this we may discuss the following : new clause 5-- National drug prevention strategy .--(1) The Secretary of State shall publish a national strategy for drug prevention.

(2) In drawing up the strategy under subsection (1) above, the Secretary of State shall have regard to the needs of

(a) persons who are detained in prisons, young offender institutions, remand centres and secure training centres, and (b) children in the care of local authorities.'.

New Clause 51-- Misuse of drugs--

The third, fourth, fifth, sixth and seventh columns of Schedule 4 to the Misuse of Drugs Act 1971 (which prescribes the maximum punishment by way of a fine or imprisonment for offences under the Act) shall be amended as follows

(1) In the entries prescribing the punishment for offences under section 4(2) (production, or being concerned in the production, of a controlled drug) the words "(a) Summary" in column three, "6

Column 693

months or the prescribed sum ; or both" in column four, "6 months or the prescribed sum ; or both" in column 5 and "3 months or £500 ; or both" in column six shall be omitted ; and for the words "Life or a fine ; or both" in column four shall be substituted the words "50 years" and for the words "14 years or a fine ; or both" in column five shall be substituted the words "25 years" ; and for the words "5 years of a fine ; or both" in column six there shall be substituted the words "10 years".

(2) In the entries prescribing the punishment for offences under section 4(3) (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another) the words "(a) Summary" in column three, the words "6 months or the prescribed sum ; or both" in column four, "six months or the prescribed sum ; or both" in column five and "3 months or £500 ; or both" in column six shall be omitted ; and for the words "Life or a fine or both" in column four shall be substituted the words "50 years", for the words "14 years or a fine ; or both" in column five shall be substituted the words "25 years", and for the words "5 years or a fine ; or both" in column six shall be substituted the words "10 years".

(3) In the entries prescribing the punishment for offences under section 5(2) (having possession of a controlled drug) for the words "6 months or the prescribed sum ; or both" and "7 years and a fine ; or both" in column four shall be substituted the words "Detention in a rehabilitation centre for a term at the court's discretion" ; for the words "3 months or £500 ; or both" and "5 years or a fine ; of both" in column five shall be substituted the words "Detention in a rehabilitation centre for a term at the court's discretion" ; and for the words "3 months or £200 ; or both" and "2 years or a fine ; or both" in column six shall be substituted the words "Detention in a rehabilitation centre for a term at the court's discretion". (4) In the entries prescribing the punishment for offences under section 5(3) (having possession of a controlled drug with intent to supply it to another) the words "(a) Summary" in column three, the words "6 months or the prescribed sum ; or both" in column four, "6 months or the prescribed sum ; or both" in column five, and "3 months or £500 ; or both" in column six shall be omitted ; and for the words "Life or a fine ; or both" in column four shall be substituted the words "50 years", for the words "14 years or a fine ; or both" in column five shall be substituted the words "25 years", and for the words "5 years or a fine ; or both" in column six shall be substituted the words "10 years".

(5) In the entries prescribing the punishment for offences under section 6(2) (cultivation of cannabis plant) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" shall be omitted. For the words "14 years or a fine ; or both" in column seven shall be substituted the words "25 years". (6) In the entries prescribing the punishment for offences under section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there) the words "(a) Summary" in column three, the words "6 months or the prescribed sum ; or both" in column four, the words "6 months or the prescribed sum ; or both" in column five, and "3 months or £500 ; or both" in column six shall be omitted ; and for the words "14 years or a fine ; or both" in column four shall be substituted the words "25 years", for the words "14 years or a fine ; or both" in column five shall be substituted the words "25 years", and for the words "5 years or a fine ; or both" in column six shall be substituted the words "10 years".

(7) In the entries prescribing the punishment for offences under section 9 (offences relating to opium) the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "14 years or a fine or both" in column seven shall be substituted the words "25 years".

(8) In the entries prescribing the punishment for offences under section 9A (Prohibition of supply etc. of articles for administering or preparing controlled drugs) for the word "Summary" in column three there shall be substituted the words "On indictment" and for the words "6 months or level 5 on the standard scale ; or both" shall be substituted the words "5 years".

(9) In the entries prescribing the punishment for offences under section 11(2) (contravention of direction relating to safe custody of controlled drugs) the words "(a) Summary" in column three and the words "6 months or level 5 on the standard scale ; or both" shall be omitted ; and for the words "2 years or a fine ; or both" shall be substituted the words "10 years".

(10) In the entries prescribing the punishment for offences under section 12(6) (contravention of direction prohibiting

Column 694

practitioner etc from possessing supply etc controlled drugs) the words "(a) Summary" in column three, the words "6 months or the prescribed sum ; or both" in column four, the words "6 months or the prescribed sum ; or both" in column five, and the words "3 months or £500 ; or both" in column six shall be omitted ; and for the words "14 years or a fine ; or both" in column four shall be substituted the words "25 years" ; for the words "14 years or a fine ; of both" in column five shall be substituted the words "25 years" and for the words "5 years or a fine ; or both" in column six shall be substituted the words "10 years".

(11) In the entries prescribing the punishment for offences under section 13(3) (contravention of direction prohibiting practitioner etc from prescribing supply etc controlled drugs) the words "(a) Summary" in column three, the words "6 months or the prescribed sum ; or both" in column four, the words "6 months or the prescribed sum ; or both" in column five, and the words "3 months or £500 ; or both" in column six shall be omitted ; and for the words "14 years or a fine ; or both" in column four shall be substituted the words "25 years", for the words "14 years or a fine or both" in column five shall be substituted the words "25 years" and for the words "5 years or a fine ; or both" in column six shall be substituted the words "10 years".

(12) In the entries prescribing the punishment for offences under section 17(3) (failure to comply with notice requiring information relating to prescribing supply etc of drugs) for the word "Summary" in column three shall be substituted the words "On indictment" and for the words "level 3 on the standard scale" in column seven shall be substituted the words "6 months".

(13) In the entries prescribing the punishment for offences under section 17(4) (giving false information in purported compliance with notice requiring information relating to prescribing supply etc drugs) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "2 years or a fine ; or both ; in column seven shall be substituted the words "4 years".

(14) In the entries prescribing the punishment for offences under section 18(1) (contravention of regulations (other than regulations relating to addicts)) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" shall be omitted. For the words "2 years or a fine ; or both" in column seven shall be substituted the words "4 years".

(15) In the entries prescribing the punishment for offences under section 18(2) (contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts)) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "2 years or a fine ; or both" in column seven shall be substituted the words "4 years".

(16) In the entries prescribing the punishment for offences under section 18(3) (giving false evidence in purported compliance with obligation to give information imposed under or by virtues of regulations) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "2 years or a fine ; or both" in column seven shall be substituted the words "4 years".

(17) In the entries prescribing the punishment for offences under section 18(4) (giving false information, or producing documents etc containing false statement etc, for purpose of obtaining issue or renewal of a licence or other authority) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "2 years or a fine, or both" shall be substituted the words "4 years".

(18) In the entries prescribing the punishment for offences under section 20 (assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law) the words "(a) Summary" in column three and the words "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "14 years or a fine ; or both" in column seven shall be substituted the words "25 years".

(19) In the entries prescribing the punishment for offences under section 23(4) (obstructing exercise of powers of search etc or concealing books, drugs etc) the words "(a) Summary" in column three and "6 months or the prescribed sum ; or both" in column seven shall be omitted ; and for the words "2 years or a fine ; or both" shall be substituted the words "15 years.".'

New Clause 52 --Detention in a rehabilitation centre

Column 695

- In section 5 of the Misuse of Drugs Act 1971 (Restrictions of possession of controlled drugs), after subsection (5) shall be inserted the following subsection :

"(5A) Anyone convicted of an offence under this section either on indictment or summarily shall be detained in a rehabilitation centre for a term at the court's discretion.".'.

New Clause 64-- Drug dependence and rehabilitation programmes in prison--

(1) It shall be the duty of every prison to provide drug dependence rehabilitation programmes to any prisoner who has need of them.

(2) The duty under this section shall be met if such programmes are provided by voluntary organisations.'.

New Clause 65-- Reduction in sentences for offenders willing to attend drug rehabilitation programmes

(1) If a court is satisfied that misuse of drugs contributed to the offence of which an offender has been found guilty, in determining what sentence to pass on that offender, a court shall take into account his willingness to undergo a drug dependence or drug rehabilitation programme of a type specified by the Secretary of State by regulations made by Statutory Instrument.

(2) If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than it would otherwise have done, it shall state in open court that it has done so.

(3) If a person fails to complete, or fails to complete successfully, a programme under subsection (1) when a court has reduced a sentence under subsection (2), he shall be guilty of an offence.

(4) An offence under subsection (3) shall be punishable in like manner as the offence under what that person was originally sentenced under subsection (1).'.

New Clause 67-- Decriminalisation of cannabis possession and use .--(1) The Misuse of Drugs Act 1971 shall be amended in accordance with subsections (2), (3) and (4) of this section.

(2) In section 2 (controlled drugs and their classification for the purposes of this Act)

(a) in paragraph (a) of subsection (1) for the words "Part I, II or III" there shall be substituted the words "Part I, II, III or IIIA" ;

(b) for paragraph (b) of subsection (1) there shall be substituted the following paragraph

"(b) the expressions Class A drug', Class B drug', Class C drug' and Class D drug' mean any of the substances and products for the time being specified respectively in Part I, Part II, Part III, and Part IIIA of that Schedule ;"

(3) Section 6 (restriction of cultivation of cannabis plant) is hereby repealed.

(4) In Schedule 2 (which lists controlled drugs for the purposes of section 2 of that Act)

(a) in paragraph 1(a) of Part I the words "Cannabinol, except where contained in cannabis or cannabis resin" and "Cannabinol derivatives" shall be omitted ;

(b) in paragraph 1(a) of Part II the words "Cannabis" and Cannabis resin" shall be omitted ; and

Class D Drugs--

1. The following substances, namely :

Cannabinol

Cannabis

Cannabis resin

2. Any preparation or other product containing a substance or product for the time being specified in paragraph 1 above.". (5) The Secretary of State shall by Order made by statutory instrument make rules for the administration, use and distribution of any Class D drug and such amendments and exceptions to the Misuse of Drug Regulations 1985 as will make lawful the production, possession and supply of any Class D drug.

(6) No Order shall be made under subsection (5) above unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament and the Secretary of

Next Section

Home Page