HC Deb 28 November 2002 vol 395 cc421-3W
Chris Grayling

To ask the Secretary of State for the Home Department if it is his policy that workers at drop-in centres and centres for the homeless who specialise in preparing drug-users for treatment and provide counselling and guidance to them should be required to notify the police of substance misuse. [83548]

Mr. Bob Ainsworth

Section 8 of the Misuse of Drugs Act 1971 created offences for the occupier or persons concerned in the management of any premises to knowingly permit or suffer specified controlled drug misuse on their premises. Section 38 of the Criminal Justice and Police Act 2001 extended Section 8(d) of 1971 from the smoking of cannabis, cannabis resin or prepared opium to administering or using any controlled drug. However, it was agreed by Parliament, during the passage of the amending legislation, that notes of the Guidance would be published on the operation of the new provision before it was enacted.

Draft notes for guidance were accordingly prepared and sent out for wide consultation by the Home Office on 19 September. These explained the background to the change and how it was proposed to operate it. The guidance included a sentence to the effect that occupiers and managers of premises who suspect drug misuse should contact local police at an early stage to prevent it. It further explained that failure to inform and co-operate with the police exposes individuals to possible prosecution. However the Guidance also described examples of harm reduction factors which would need to be taken into account by the police when deciding, based on the public interest, whether or not to instigate a prosecution.

The consultation exercise closed on 8 November. A decision will be taken on the issue of the Guidance Notes once the responses to the consultation exercise have been fully analysed and considered.

Draft notes for guidance were accordingly prepared and sent out for wide consultation by the Home Office on 19 September. These explained the background to the change and how it was proposed to operate it. The guidance included a sentence to the effect that occupiers and managers of premises who suspect drug misuse should contact local police at an early stage to prevent it. It further explained that failure to inform and co-operate with the police exposes individuals to possible prosecution. However the Guidance also described examples of harm reduction factors which would need to be taken into account by the police when deciding, based on the public interest, whether or not to instigate a prosecution.

The consultation exercise closed on 8 November. A decision will be taken on the issue of the Guidance Notes once the responses to the consultation exercise have