By Victoria Taylor-Smith
On 28 January 2016, a new law on New Psychoactive Substances (NPS) known on the streets as ‘Legal Highs’ was given Royal Assent, and will be enforced from April 2016. It will be known as Psychoactive Substances Act 2016.
However, would the non-politically orientated people in our communities fully understand this term ‘Royal Assent’?
I myself am not a politically-minded person, but I was fortunate a couple of years ago to be given the opportunity to attend a ‘Train the Trainer’ course run by Parliamentary Outreach. Armed with my massive Houses of Parliament facilitators resource pack (given to me on the course), I hope within this blog to shed some light into the process of law making.
The term ‘Royal Assent’ basically means the Bill has been read and approved by Her Majesty Queen Elizabeth II, and without this vital final stage the ‘Act of Parliament’ (another term for Law) cannot become legislation. Once the Queen has given her seal of approval a formal statement is given in the House of Lords by the Lords Speaker and in the House of Commons by the Commons Speaker.
So how did the Psychoactive Substances Act 2016 become Law?
Stage one – The House of Lords: First Reading
On the 28 May 2015 this Act of Parliament was brought to the House of Lords as a Bill by Lord Bates. (This stage is a formal introduction to the Bill in question and does not involve a debate). The Bill was ordered to go to print.
(A Bill is a proposal for a new law or a change to an existing law that is presented for debate before parliament. Bills can be brought to the House of Commons or House of Lords to start proceedings).
Stage two – The House of Lords: Second Reading
On 9 June 2015, Lord Bates brought the Bill back to House of Lords for its second reading. Members of the House of Lords debated the main principles of this Bill for 3 hours and 26 minutes. (It is at this stage that members of the House can raise any concerns or changes they would like to make to the Bill. Members who wished to speak regarding the Bill needed to add their name to the list of speakers before the scheduled debate). At the end of the debate, members took a vote and it was decided to move the Bill onto the next stage which is the Committee Stage.
Stage three – House of Lords: Committee Stage
The Committee Stage of this Bill lasted through two sittings during June 2015. (A committee is when every part of the Bill (known in Parliament as ‘clauses’) is examined in detail by the whole House and agreed to. There is no time frame for this discussion. In fact some Bills can last several days, as all amendments can be discussed and any member of the House can take part. If a Bill is amended then it is reprinted with all agreed amendments).
Stage four – House of Lords: Report Stage
On 14 July 2015 the Bill was brought to the House of Lords to discuss all amendments and be voted on. (Opportunities for further amendments can be made but the Bill must be reprinted if any are made during this stage).
Stage five – House of Lords: Third Reading
The final chance that the House has to change to a Bill. (Amendments at this stage are used to clarify specific parts of the Bill).
The Bill then left the House of Lords and went to the House of Commons on 21 July 2015 to follow a similar route to which it had been through in the House of Lords.
A slight difference occurred during its passage through the House of Commons. Following its second reading before the Committee Stage, parliament opened a Consultation on the Bill meaning it was opened up to the public. (The Bill would be dealt with by the Public Bill Committee).
The consultation period was very short lasting only six days, however organisations such as, The Children’s Society, Royal Society of Public Health, British Pharmaceutical Industry and Addaction all submitted written evidence for this Bill all of which can be found at http://services.parliament.uk/bills/2015-16/psychoactivesubstances/documents.html
(During the Committee Stage anyone who has submitted written evidence can be called to give verbal evidence).
The original plan at the Reporting Stage of this Bill to the House of Commons was due by 29 October 2015, however it did not return back to the House until 20 January 2016, when it also received its third reading.
You may think at the end of this stage a Bill is ready for the Queen’s approval. This is not the case! Parliament plays ping pong – if the House of Commons makes an amendment then it is taken to House of Lords for their approval and vice versa, until both Houses are happy with the exact wording of the Bill. (Then, and only then, is the Bill ready for the Queen to give it her seal of approval known as ‘Royal Assent’ to this ‘Act of Parliament’). Lucky the ping pong stage for this Bill only lasted one day.
So, after all this what does this ‘Act of Parliament’ mean to us?
As from April 2016 it will be against the Law throughout the UK to:
- Produce, supply, possess with intent to supply, possess on custodial premises (prison etc.) to import or export any substance intended for human consumption capable of producing a psychoactive effect. Failure to comply with this law could lead to 7 years in prison
- Exclusions to this offence would be food, tobacco, alcohol, nicotine, caffeine and medical products, as well as controlled drugs that continued to be regulated under the Misuse of Drugs Act 1971
- It gives powers for police etc. to stop and search people, vehicles and vessels, to enter and search premises in accordance with a warrant and to seize and destroy psychoactive substances.
Are you concerned with a law? Are you aware that an amendment to the drink drive law is also currently being debated in Parliament?
The Road Traffic Act 1988 (Alcohol Limits) (Amendment) Bill [HL] 2015-2016 was brought to House of Lords on 3 June 2015. On 29 January 2016 it received its second reading. The White Ribbon Association signed a joint letter with Alcohol Health Alliance (AHA) and other organisations, to call for a reduction to the current drink drive limit as the UK is one of the highest limits in the EU.
You can visit the Parliamentary website to check on the progress of this Bill and to look out for opportunities to get involved. Consultations are open to individual’s not just organisations or industry.
http://services.parliament.uk/bills/2015-16/roadtrafficact1988alcohollimitsamendment.html