Prisons (Substance Testing) Bill

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I open by congratulating the noble Baroness, Lady Pidding, on introducing this piece of legislation. It had a fair wind in the other place, and I expect that it will get a fair wind here too—it certainly will from these Labour Benches.

Dame Cheryl Gillan has been remembered by many speakers in this debate. I knew Dame Cheryl through numerous criminal justice-related all-party groups of which we were both members. I would also like to remember Harry Fletcher, who was a former probation officer, trade unionist and lobbyist who latterly worked for Plaid Cymru in the House of Commons. Harry died about a year ago. He set up many of these all-party groups, and Dame Cheryl often chaired them and was always an active member. I have no doubt that these all-party groups were disproportionately influential because of the formidable, if unlikely, combination of Dame Cheryl’s leadership and Harry Fletcher’s campaigning support.

This Bill has one substantive clause. Clause 1 would amend Section 16A of the Prison Act 1952 so that it would use the generic definition of “psychoactive substance” provided in the Psychoactive Substances Act 2016. This would allow for tests to be carried out for psychoactive substances covered by this definition without the need to repeatedly amend the Prison Rules and YOI Rules for each individual, newly developed substance. The clause would provide for tests to be carried out for prescription-only and pharmacy medicines. It also makes provision for prevalence testing to allow for anonymised testing for the prevalence in prisons of controlled drugs, medicinal products, psychoactive substances and specified substances.

Unfortunately, it has proven far too easy for the producers and suppliers of drugs and psychoactive substances to make minimal changes to the composition of those substances and, therefore, to stay outside the provisions of existing legislation. This has to change and, on this basis, we support the Bill.

I have just finished a book by Chris Atkins about his time as a prisoner in Wandsworth Prison, which is local to where I live in south-west London. It is a well-written and, at times, funny book. Unfortunately, all his observations about the destructive ubiquity of drugs in prison only confirm that drugs have taken hold in the day-to-day operation of many prisons. Prisoners and staff are constantly affected by random acts of violence and exposure to drug-filled atmospheres.

In prison, as outside, many people take drugs to escape the world in which they live. They see drugs as a source of freedom, distraction and numbness. Unfortunately, these fleeting experiences make the problems of a chaotic life so much worse. Drug misuse, like alcoholism, can be seen as a medical problem and healing it requires well-funded, long-term medical and social intervention. Analysis by the Ministry of Justice suggests that being in treatment cuts reoffending by 44% and that the number of repeat offences committed is cut by up to 33%. From this, I believe that we know that substance abuse treatment works to reduce reoffending. It is likely that, if treatment were better funded, larger reductions would result.

Over the last 10 years, local government grants and public health funding have both been cut. Responsibility for drug treatment has been transferred to local authorities and the ring-fenced budget has been removed and reduced. Many of those who are in our prisons today might not be there if they had got help earlier, and if society and the state had had the resources to step in and stop that downward spiral before it started.

Substance misuse in prisons is rife. It fuels violence and health problems, and remains a barrier to rehabilitation. The physical and mental impact on prison staff, including those who provide healthcare and education, can be truly awful.

In the debates in the other place, the Minister Lucy Frazer spoke about a pilot drug recovery programme at HMP Holme House, which seeks to help prisoners improve their chances of recovery. She said that it had been in operation for a short period and that an evaluation of the pilot is due shortly. I ask the Minister whether that is now available. She went on to talk about drug-free wings and units in the existing prison estate, and I also ask the Minister what is being done to roll out this drug-free wing or unit approach.

I conclude by echoing the questions of the noble Lord, Lord German. He asked three very apposite questions and his points were backed up by the noble Baroness, Lady Ritchie, and the noble Lord, Lord Thomas of Gresford. His basic point was that there is likely to be an additional prevalence of addicted prisoners through the greater and more accurate testing regime. What will be done to provide and fund a way out of the terrible hole that our Prison Service is in? I look forward to the Minister’s reply.