My Lords, the amendment is in my name and those of my noble friend Lady Hamwee and the noble Lord, Lord Howarth of Newport, and it reflects a debate that we had on a previous amendment. In Committee, we debated whether or not the importation of new psychoactive substances for someone’s own consumption should be an exemption and not be included in the Bill as an offence. For reasons similar to those given for the amendment on social supply, we now propose that it should be a defence. However, the burden would be on the accused person to show that they had imported the substance for their own consumption. This would get round many of the problems that the Minister raised in Committee on importation. Those concerns included how the Border Agency would know whether or not the substance was being imported for someone’s own use and how we differentiate between the two. This is about arresting people who are importing psychoactive substances but providing a defence if the person can prove that they were being imported for their own consumption. I beg to move.
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