8. Customs and Excise Act 1993 –
Psychoactive Substances Act 2016 (Application) Order 2016 approved
A Member of the Treasury (Mr Anderson) to move:
That the Psychoactive Substances Act 2016 (Application) Order 2016 [SD No 2016/0230] [MEMO]
be approved.
The President: We turn now to Item 8, Customs and Excise Act 1993.
The Hon. Member of Council, Mr Anderson.
A Member of the Treasury (Mr Anderson): Thank you, Mr President.
I am pleased to move this in the name of Treasury. The purpose of this Order is to apply in Island
law elements of the Psychoactive Substances Act 2016 of Parliament. Psychoactive Substances are
commonly referred to as ‘legal highs’ and are chemical substances that produce psychoactive effects
when consumed by humans. The difficulty in controlling abuse of such substances under existing
laws dealing with illegal drugs, led the UK to enact the Psychoactive Substances Act 2016, which
came into force in May of this year.
The Island has encountered the same problems and it is intended that primary legislation will be
brought forward in due course to counter these problems. As an interim measure, the Treasury is
using enabling powers available to it to apply Island law to those elements of the Act necessary to
control the import and supply of substances in the Island, and their export or removal from the
Island.
The provisions of the Act being applied in the Island are concerned with prohibiting the import
and export of psychoactive substances, including removal to and from the UK, making it a criminal
offence to produce a psychoactive substance, such as manufacturing or cultivating one, and also
making it an offence to possess a psychoactive substance with intent to supply.
Associated powers have been provided for search of persons, vehicles, vessels and premises and
for the seizure and subsequent disposal or return of suspected psychoactive substances. These
powers will be available to police and customs officers. Following a conviction the courts will be able
to grant prohibition orders which can include access prohibitions which would impose restrictions on
access to premises owned or controlled by those convicted of an offence. The applied provisions
define psychoactive substances and allow for exemption where substances are for use in health care
or medical or scientific research and certain products such as food stuffs, alcohol, caffeine, nicotine
and tobacco products are not to be regarded as psychoactive substances.
Mr President, I beg to move.
The President: The Hon. Member for Council, Mr Henderson.
Mr Henderson: Gura mie eu, Eaghtyrane.
I beg to second and reserve my remarks.
The President: Mr Speaker.
The Speaker: Thank you, Mr President.
Briefly just to congratulate Treasury for moving forward so quickly with this order and changing
this legislation, it was most welcome and certainly very much supported by the previous Department
of Home Affairs. Mr Thomas, Mr Coleman, Mr Joughin and myself were all keen to see this moved
on quickly and I am grateful for Treasury and the officers there for doing it.
Tynwald 18/10/2016
Over the last few years we have seen far too many deaths in this area as a result of psychoactive
substances and I really hope that this legislation is helpful and we have the opportunity to really do
something about this in the years to come, so thank you to the Treasury.
The President: The Hon. Member for Douglas North, Mr Ashford.
Mr Ashford: Thank you, Mr President.
While I welcome this legislation absolutely fully and I concur with everything Mr Speaker has just
said, I do have one concern – and it is going to be one of those rare occasions, Mr President, where I
hope the Hon. Member for Council will actually be able to say I am completely and utterly wrong –
but in relation to provision 6 it uses the definition of the ‘school’ for the enhanced penalties
provided in section 59 of the Education Act 2001. Now, my reading of that, Mr President, is that it
has got a very defined definition of ‘school’ in terms of primary and secondary and it does not
appear that it will apply – certainly the way I am reading it – to Isle of Man University College.
So we could have a situation, with the way it is worded at the moment, that if someone is caught
dealing with these substances outside a nearby high school they will get an enhanced penalty but if
they are doing it to the same age group outside Isle of Man University College the penalty will not be
enhanced because it does not fall within the definition provided by section 59 of the Education Act. I
was wondering if the Hon. Member for Council would be able to provide some clarity. There is
obviously not much that can be done today, and this does have my full support, but I think it is
something that does need to be looked at.
The President: I call on the Hon. Member to reply.
Mr Anderson: Thank you, Mr President and I thank Hon. Members for their support and I will
pass on the congratulations to officers for moving this along so quickly.
As far as Mr Ashford’s query is concerned I am not sure about these definitions, or how broadly
we can apply them, but I will get back to the Department and find out and write and let all Hon.
Members know as well.
The President: Thank you, Hon. Member.
I put the motion as set out at Item 8, in the name of Mr Anderson. Those in favour, please say
aye; against, no. The ayes have it. The ayes have it.
Tynwald 18/10/2016