HL Deb 10 November 1992 vol 540 cc166-9

7.59 p.m

Earl Ferrers rose to move, That the draft order laid before the House on 22nd October be approved [9th Report from the Joint Committee].

The noble Earl said: My Lords, I beg to move. The amendment which is proposed by this draft order will help to combat the evil of drug trafficking. The order is designed to bring five precursor chemicals and five essential chemicals used in the illicit manufacture of controlled drugs within the control of the Criminal Justice (International Co-operation) Act 1990. The order is required in order to comply with the United Kingdom's treaty obligations under the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. It implements decisions taken earlier this year by the United Nations Commission on Narcotic Drugs to bring these extra substances under the control of that convention.

In order to set the draft order in its proper context it may be helpful if I give a brief explanation of how the 1990 Act controls both precursor and essential chemicals. For almost 20 years the United Kingdom has relied upon the voluntary co-operation of the chemical industry in providing information covertly about suspicious orders and transactions involving chemicals which are used in the illicit manufacture of controlled drugs. The Government have enjoyed consistent support from the industry throughout this time, and this has led to the detection of many illicit laboratories in the United Kingdom and overseas. Since 1989, 36 such laboratories have been detected in the United Kingdom, of which 23 have been traced as a result of direct information from the chemical industry. We are most grateful to the industry for that co-operation.

Unfortunately, with the growth over the last 20 years of the international trade in chemicals used for illicit drug production, it became clear that the existing provisions were insufficient. The 1988 United Nations Convention against Illicit Drug Trafficking was subsequently adopted, and that was a significant step forward in the international effort to control precursor chemicals.

The Criminal Justice (International Co-operation) Act 1990 was designed to implement the requirements of the 1988 United Nations Convention. That required parties, first, to take appropriate measures to prevent the diversion of 12 scheduled substances to illicit drug manufacture and co-operate with one another to that end, and, secondly, to establish as criminal offences the manufacture or supply of scheduled substances knowing or suspecting that they were to be used in the unlawful production of controlled drugs.

I should like briefly to explain how the 10 additional chemicals are by this order to be included within the provisions of the 1990 Act. The 10 chemicals are divided into two groups in paragraph 2 of the draft order. Five of the substances are to be included in Table I of Schedule 2 to the 1990 Act. As with all of the substances in Table I, these five chemicals are precursor chemicals—that is, they are one step removed from the drugs themselves. Four of the substances are precursors for the group of related compounds which include MDMA, more commonly known as Ecstasy. Your Lordships will no doubt be aware that there has been a worrying increase in the use of this drug in the United Kingdom and that it is illicitly manufactured both here and in mainland Europe. The additional five substances are to be incorporated into Table II. Table II comprises chemical solvents and reagents which have a much wider commercial use. The five substances involved are widely used in processing heroin and cocaine as well as synthetic drugs. The order will bring the 10 chemicals within the scope of the offence provision in Section 12 of the 1990 Act. On indictment the maximum penalty which may be imposed is 14 years' imprisonment or a fine or both.

It is also important to place these measures in the context of developments throughout the European Community. The Community has taken measures to implement a number of regulatory recommendations made by the Chemical Action Task Force. This has resulted in a Council regulation which will come into force on 1st January 1993 and will control the trade between the Community and third countries. A directive controlling the trade within the Community is due to come into operation on 1st July 1993. Regulations are being brought forward to implement both the Council's regulation and directive.

It is within the context of the international effort to combat drug-trafficking that the provisions contained in the order are being introduced. A number of the chemicals which are to be brought under control are used in large quantities for a wide range of perfectly legitimate commercial purposes.

We have worked together with the chemical industry throughout the negotiation process. We have endeavoured to thwart the operations of the drug-traffickers as much as possible while not unnecessarily impeding the perfectly legitimate commercial dealings of the chemical industry. I think and I hope that we have managed to achieve this. I commend the order to your Lordships.

Moved, That the draft order laid before the House on 22nd October be approved [9th Report from the Joint Committee]. —(Earl Ferrers.)

Baroness Hilton of Eggardon

My Lords, the order is brief and clear and has been fully explained by the Minister. We fully support its objective of placing further controls upon the drug trade by adding to the list of chemical substances which may be used in the manufacture of controlled drugs. Because of the rapid changes that occur in the drug market it is essential to respond quickly to, and if possible anticipate, new developments in so-called designer drugs. Drugs are being developed in laboratories and some have become more fashionable among young people than the traditional products of Asia and South America.

First, perhaps I may ask the Minister what steps are being taken to monitor new fashions in drugs and to prevent their use amongst young people. The noble Earl went on to describe European Community-wide initiatives. If I may, I should also like to refer to the title of this order, which makes reference to international co-operation. This can often be merely liaison at police officer level. I wonder whether the Minister can tell us what arrangements there are at governmental level for sustained collaboration and initiatives, not just quarterly meetings, with the drug-producing countries—I noted a recent visit by the Home Secretary to Colombia—and, perhaps more importantly, joint ventures with countries such as Italy, Spain and Nigeria, which often provide major channels for the drug trade. I conclude by confirming that we fully support the order.

Earl Ferrers

My Lords, I am grateful to the noble Baroness for the comprehensive but brief way in which she has supported the order. She asked what monitoring was carried out of new types of drug. I can tell her that several agencies are engaged in monitoring the drugs scene in the United Kingdom. The police, customs and forensic science services continually monitor new trends in drugs as part of their law enforcement activities. Their findings are co-ordinated and disseminated nationally through the drugs division of the National Criminal Intelligence Service. Databases maintained by regional health authorities and data collected by non-governmental organisations such as the Standing Conference on Drug Addiction and the street agencies also provide valuable indications of the trends in drugs use.

The noble Baroness also asked about consultation. There is a great deal of consultation at international level within the United Nations system. The World Health Organisation and the Pompidou Drug Co-operation Group of the Council of Europe are both organisations in which a great deal of concentration takes place. Agreement has just been reached within the European Community on the establishment of a European drugs monitoring centre whose main task will be to provide accurate and comparable information about drug misuse within the Community. Through both Interpol and the Customs Co-operation Council the police and customs services also pool information about drug trends. Plans are well advanced for the creation of a European drugs intelligence agency, which will be called Europol. I can assure the noble Baroness that there is a very great deal of international co-operation on drugs.

On Question, Motion agreed to.