Approved Premises (Substance Testing) Bill

Aaron Bell Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[Rob Butler]

That has been addressed recently through legislation to ensure that the appropriate Department can incorporate different types of psychoactive substances so that there does not need to be primary legislation on each and every occasion a new substance is named. It is very easy to tinker with one or two of the chemical elements, thereby taking them out of the scope of what is illegal and what is legal. Thankfully, that has been addressed, so it would apply to this proposed legislation as well, making sure that we were not always chasing our tails. I thank my hon. Friend for making that very important point.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I am grateful to my hon. Friend for promoting this Bill. It is clear that he speaks with great authority on the matter. From reading the notes and listening to him speak, it seems to me that the danger is not just to the people taking the drug. In the case of prescription medicine, residents who are trying to go straight are being bullied by residents who are trying to get the drugs off them. Could he set out how the testing regime he envisages would protect people who are desperately trying to be rehabilitated, go straight and become productive members of society again?

[Rob Butler]

My hon. Friend makes an interesting point. That can indeed be a risk, although having had conversations this week with the staff and management of approved premises, I have been reassured to learn that, for the most part, the staff look after any prescription medicines and issue them to residents at the appropriate time. Therefore, there is a little less concern than one might have thought about residents obtaining those drugs from others through distinctly unhelpful ways such as bullying. In fact, the current concerns seem to be rather more as I have described them—namely, people from outside obtaining substances legally and then sharing them illicitly, or, indeed, substances being obtained from overseas via the internet. My hon. Friend raises an important point and I know that the management of approved premises in Her Majesty’s Prison and Probation Service are keen to tackle it. They believe that they have already taken serious steps through their regime of handing out medication.

Let me turn to the reasons why it is preferable to test via urine. It is very clear that this will enable a wider range of substances to come under a testing regime. It will also, importantly, extend the time period in which testing can identify drug use. That is because some drugs are detectable for only 12 to 24 hours when using oral fluid, whereas when using urine, drugs such as heroin are detectable for up to five days.

The second aspect of my Bill aims to ensure that the Government understand the prevalence and nature of substance abuse in approved premises. It would allow HMPPS to use resident samples to test for the prevalence of various substances on an anonymised basis.