After Clause 37 (Hansard, 10 May 2001)

§ Mr. Charles Clarke
I beg to move, That this House agrees with the Lords in the said amendment.

§ Madam Deputy Speaker
With this we may discuss Lords amendment No. 39.

§ Mr. Clarke
The amendment to section 8 of the Misuse of Drugs Act 1971 would facilitate police action against closed drug markets, such as crack houses. Under the 1971 Act, it is currently an offence for the occupier or manager of premises knowingly to allow illegal drugs to be produced or supplied on them. However, liability for the use of illegal drugs extends only to smoking cannabis or opium. That reflects the drug misuse patterns that prevailed when the Act was introduced. We believe that Lords amendment No. 15 will play an important part in updating the powers available to the police and the courts in tackling drug abuse, and it is supported by the police.
As we argued both on Report and in Committee, we felt that the change was not necessary. However, the official Opposition did not accept that view either on the Floor of the House or in private discussions that I had with the right hon. Member for Maidstone and The Weald (Miss Widdecombe). In the light of concerns about a lack of clarity in the legislation, we decided that it would be better to accept Lords amendment No. 15 than to have a rather arcane discussion about the legalisms involved in the particular circumstances. Consequently, both in the other place and in this place, we have accepted the amendment, which we hope will have the effects that have been widely advertised.

§ Mr. Hawkins
I am very glad that the Minister expressed his concession as he did. The amendment is the result of a very long-running campaign by the official Opposition which has been led by my right hon. Friend the Member for Maidstone and The Weald (Miss Widdecombe) and, in another place, by my noble Friend Lord Cope. My noble friends Baroness Buscombe and Baroness Hanham also have continued to press the Government on the issue.
We knew all along, as the Minister has very fairly conceded today, that the police were desperate for an amendment to the 1971 Act that enabled them particularly to clamp down on crack houses. As my noble Friend Baroness Buscombe said: These amendments represent the closing of a frustrating, glaring loophole in the law given the now sadly prevalent use of crack cocaine by illegal drug, users.
My noble Friend also mentioned the fact that, back on 23 January, Baroness Hanham had laid down a challenge to the Government to crack down on crack houses."—[Official Report, House of Lords, I May 2001; Vol. 624, c. 1759.]
A moment ago, in our previous debate, I mentioned some important amendments that have to be made to the Bill, and Lords amendment No. 15 is one of the most important of them. All of us know, and police are particularly aware, that crack cocaine is one of the most dangerously addictive illegal drugs. Very sadly, crack houses have become increasingly prevalent in our society, especially in inner cities and town centres.
296 The Opposition have been surprised that it has taken the Government so long to accept our arguments on this vital issue. Nevertheless, there is even greater joy in heaven over a sinner who repenteth. Even at the 59th minute of the 11th hour of this Parliament, the Government's acceptance of our view is welcome. We think that the amendment will add a strong weapon to the police's armoury in dealing with one of our society's most important scourges—illegal drugs, and particularly crack cocaine, which is one of the most dangerous.
I therefore welcome the Government's concession, although I wish that they had made it a great deal earlier. Nevertheless, even at the last minute, it is greatly to be welcomed.

§ Mr. Simon Hughes
Liberal Democrat Members welcome Lords amendment No. 15. I have just one question for the Minister which I hope that he will be good enough to answer. It seems that the amendment would not only achieve its main purpose of making crack house activity illegal, but that it could change the law to legalise other activities that currently are illegal. Is that so? I ask the question simply because the offence was previously defined as knowingly permitting cannabis, cannabis resin or prepared opium to be smoked on premises", and that definition is being changed to encompass different types of activity.

§ Mr. Clarke
Reflecting on the question, as the hon. Gentleman asked it, and quickly taking advice from colleagues, I think that I can confirm that the amendment does not have the effect that he fears it might have.

§ Mr. Hughes
It was a neutral question and did not express a view. I simply wanted to ensure that the Government's understanding was that the amendment will extend the remit of the 1971 Act without reducing the provision in other spheres. I appreciate that I asked the question without providing notice of it, and I would be grateful if the Minister would place on the record any advice that he might receive on it. It is important that we are clear on the issue.