Prisons (Substance Testing) Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I take this opportunity to congratulate the noble Baroness, Lady Pidding, on bringing forward this legislation and offer my sympathies to the family of the late Dame Cheryl Gillan, who originally introduced this Bill in the other place. I agree with the purpose and objectives of the Bill, which would amend existing legislation to allow prisons to test for a wider range of drugs, including psychoactive, prescription and pharmacy medicines, without the need regularly to change the legislation in future. I take note of what the noble Lord, Lord Bourne, has just said—that psychoactive substances have certain chemical properties which can change from time to time. Therefore, the prison authorities and the appropriate department has to be on top of this issue to protect and safeguard prisoners.

Undoubtedly, the misuse of drugs is one of the biggest challenges facing the criminal justice system. In many cases, it mirrors what exists in the wider community, but often a custodial sentence will mean that it is the first time that prisoners come into contact with more hardened criminals, and bullying and intimidation can take place in the misuse of drugs. In many cases, the misuse of substances is an intergenerational and international issue.

The punitive element of imprisonment means the loss of an individual’s liberty. A successful rehabilitation is often dependent on isolating them from the negative factors in their lives, which have contributed to their offending. Many arrive in prison with significant diagnosed and undiagnosed healthcare needs, and a number struggle with the rigour and restrictions of the prison regime. Some will self-harm or become suicidal with prison life, and the challenges for prison and healthcare staff are real and omnipresent.

I am very happy to support this legislation. I have certain issues that I would like to propose to the Minister regarding the additional costs involved in implementing this legislation and other aspects of parliamentary scrutiny. Would it be possible for Parliament to receive an annual report on its implementation? I am in no doubt that comprehensive drugs-testing in prisons is required. Psychoactive substances are often used alongside other drugs, and the supply of drugs is also a significant cause of violence, intimidation and self-harm across the prison estate.