HMG, in the person of Lord West again, thinks no.
The UK Government do not consider that they are required to consult the European Commission before controlling mephedrone under the Misuse of Drugs Act 1971.It will be interesting to see if HMG's lawyers will turn out to be right on the subject.
The technical standards directive is not designed to cover action by member states to control dangerous drugs and consequently no consultation with the Commission is necessary prior to laying a draft order before Parliament to control mephedrone under the Misuse of Drugs Act 1971.
The problem that the Irish have had in banning the drug is trade-related:
ReplyDeletehttp://www.independent.ie/national-news/eu-rules-delay-move-to-ban-deadly-drug-2102861.html
I think that the MDA 1971 is a red herring on the part of HMG.