HL Deb 26 March 2003 vol 646 cc797-9

2.56 p.m.

Lord McColl of Dulwich asked Her Majesty's Government:

Whether plans to make the supplying of drugs to children a specific offence are to be dropped.

The Minister of State, Home Office (Lord Falconer of Thoroton)

My Lords, we have decided not to introduce a specific new offence of supplying drugs to young people. Evidence that a dealer is specifically targeting children and young people would be an aggravating factor brought to the attention of the court. We shall seek to ensure, including through the proposed new sentencing guidelines council, that sentences for dealing drugs to young people are appropriately severe.

Lord McColl of Dulwich

My Lords, I thank the Minister for his Answer. Is it possible, by some unimaginable stretch of the imagination, that the Government have got this wrong? How are we going to prevent children being hooked on such drugs? Once they are, it leads to a lifetime of misery and disaster and a shortened life span.

Lord Falconer of Thoroton

My Lords, I agree with that. The question is: what is the most effective way to deal with the situation? A year ago, it was suggested that consultation should be carried out on the question of whether the offence of dealing in drugs should be aggravated if it involved dealing to children. After the issue had been considered widely, it became apparent that far steeper sentences for dealing drugs to children could be achieved without introducing a new crime. As indicated in a case called Nolan, the courts are very willing to give stronger sentences. That, rather than introducing a new element to the crime, seems the most effective way to deal with the problem. I believe we all agree with the noble Lord, Lord McColl, that we should fight the scourge to which he refers. The question is: what is the most effective way to deal with it?

Baroness Walmsley

My Lords, does the Minister accept that many of the people who are guilty of such offences are children themselves? Further, does he accept that those children have multiple problems? Therefore, will he agree that the best way to deal with such children may well be through the child protection system rather than through the criminal justice system? Can he also let me know what action the Government are taking to support schools in the deterrence and detection of drug dealing on their premises?

Lord Falconer of Thoroton

My Lords, I agree that the criminal justice system provides but one way to combat drugs. Indeed, it is the right course to intervene as early as possible with children who are at risk through both the buying and selling of drugs. We should always face this issue on the basis that it is not a question of either/or; both the criminal justice system and early intervention are important. The Government are extremely keen to promote education and police intervention in schools. The police should not be seen as people who will carry out arrests but as people who will educate children in the dangers of drugs. Considerable efforts have been made by the DfES, including the distribution of more than a million leaflets to schools to explain the dangers of drugs.

Baroness Hanham

My Lords, does the Minister recall that about 18 months ago in this House we were given an assurance that the Misuse of Drugs Act would be amended to include crack cocaine? Can the Minister tell me what action has been taken?

Lord Falconer of Thoroton

My Lords, I do not recall a specific assurance being given. Crack cocaine is already an illegal drug. I am not sure what change to the Misuse of Drugs Act would be required. I shall write to the noble Baroness.