Prisons (Substance Testing) Bill

Christopher Chope Excerpts

2nd reading & 2nd reading: House of Commons
Friday 16th October 2020 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I, too, congratulate my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) on bringing forward the Bill; it is a pity that she is unable to be here physically to support it today. This is a good Bill, but I will say a few things about where I think we could make it better.

As you know, Madam Deputy Speaker, I have been in this House for some time and one of the perpetual challenges that I have put out to successive prisons Minsters is, “I hope that during your time as prisons Minister you will be able to deliver not drug-free prisons, but just one prison in this country that is free of drugs.” The short answer is that none of my right hon. and hon. Friends who have held that position has ever been able to achieve a single drug-free prison as an objective, and likewise, Labour Ministers were unable to deliver that.

One of my concerns is that when one talks to people who have been in prison and know the Prison Service, one finds that a lot of prisons seem to be rather relaxed about the current regime for drug testing. The Bill extends the substances in respect of which there can be testing, but why are we not already testing a lot within prisons? I have constituents who have served time in prison and have come as drug addicts having gone in without having a drug addiction. Too much of that is going on, and I would like to know from the Minister why there is this manifest policy failure. We have been discussing a lot of policy failures in this House recently centred around the Department of Health and Social Care, but there has been, and is, a continuing policy failure on the part of the Home Office not to enable people to stay in prison without being addicted to drugs. The one way of dealing with that is to have regular testing.

I was most concerned to see in the explanatory notes the financial implications of the Bill. Paragraph 29 states that

“the legislation would not significantly affect the practice of drug testing in England and Wales, so any financial impact would be modest.”

I hope that the Minister will be able to tell us why she does not believe that the present practice should be changed, because at the moment, a sort of game is being played within prisons. There is a minimalist approach and tokenism in relation to testing for drugs, because many prison officers take the view that it is better to have drug-dependent prisoners because they are less trouble. Why do we still have a situation where we are trying in vain to stop drugs coming across the borders into our country from overseas when we have proved ourselves incapable of preventing a single prison in this country from being infiltrated by illegal drugs?

It seems to me, as so often happens with private Member’s legislation, particularly when it has the support of the Government, that instead of concentrating on the real issue, which is the prevalence of drugs in prisons—there is already the power to test for that, but testing is not being carried out frequently enough—we are moving into saying that we need to test for other substances as well. I am sure that we do, but the same paragraph of the explanatory notes says that the Prison Service drug testing procurement exercise currently taking place—we heard earlier from the hon. Member for West Ham (Ms Brown) that there is a monopoly supplier, which is in itself unhealthy—is not scheduled to conclude until December 2021. Why is that? What is the delay? We seem to be able to get a lot of procurement pretty quickly under the covid-19 emergency legislation, so why can we not deal with the monopoly problem in the Prison Service drug testing system?

The explanatory notes suggest that

“Affordability will depend on achieving much better value for money from the new contract.”

If we are going to get new a new contract, why not get on with it now? Why is the specification for a new contract not being drawn up? Perhaps the Minister would like to place a copy of the draft specification in the Library so that we can see whether it will attract more than one bidder and save a significant amount of money.

It is amazing that so little money is being spent on this drug testing. The explanatory notes say that the current budget for mandatory drug testing is just £4.4 million. The cost to society of illegal drugs and substances being not just within prisoners inside the prison but within drug-dependent people who are released from prison is far in excess of £4.4 million. It almost seems as though the Home Office is giving some sort of perverse incentive to the Prison Service not to do more testing because it will be too expensive. It seems to me that of all the benefits that could come from expenditure of money, few could deliver better rewards for society than higher expenditure and more testing in prisons of those who are suspected of having drugs and other illegal substances. Therefore, although the explanatory notes say that we will have a money resolution for additional expenditure, it is envisaged that it will not be very much. We need a clear explanation from the Minister as to why this very important activity, which is designed to save lives and save public expenditure, has not been funded to a much better extent already within the Prison Service.

One of the great benefits of such a Bill is that it gives us a chance to discuss the policy background. I hope that, if the Bill gets to Committee and we do not get satisfactory answers, we will have a chance to explore it further on Report. I certainly support its Second Reading.

--- Later in debate ---

[Lucy Frazer]

Indeed. We have had many opportunities to correspond digitally, so it is delightful to see the hon. Lady in person. She rightly referred to the importance of substance treatment and the fact that it works. I am delighted to tell her that 53,193 adults accessed drug and alcohol treatment services within prisons and the secure estate between April 2018 and March 2019. We continue to see those services as a beneficial source of treatment. She will have seen in our sentencing White Paper that we want to further use community treatment orders, so that people do not go to prison at all, and we can treat them in the community.

The hon. Lady referred to the importance of decent living conditions. She will know that we, too, are committed to ensuring that prisoners can live in decent conditions. That is why we have a £2.5 billion prison building programme, with £156 million spent on maintenance this year. She asked what else the Government are doing. As my hon. Friend the Member for Stourbridge (Suzanne Webb) mentioned, the Government are putting extensive funds into tackling drugs.

My hon. Friend the Member for Christchurch (Sir Christopher Chope) talked about the importance of expenditure in this area. I hope Members will be pleased to know that we are spending £100 million on boosting security to crack down on crime behind bars. That is not just about testing. It is about introducing airport-style security—in fact, it is better than that—with X-ray body scanners at 50 sites. It is about stopping devices such as illicit mobile phones working through phone-blocking technology. It is about strengthening staff resilience by enhancing our counter-corruption unit, and it is about increased disruptions against high-harm, serious and organised crime through a multi-agency team and enhanced intelligence capabilities.

[Sir Christopher Chope]

In the light of what the Minister just said, when does she expect to be able to deliver the first drugs-free prison?

[Lucy Frazer]

I am delighted that my hon. Friend mentions that. I was just about to say that, as he may be aware, there is a pilot drug recovery prison at HMP Holme House, which helps prisoners improve their chance of recovery, so we are testing a dedicated prison to try to improve the issue of drugs. It has been in operation for a short period, and the evaluation of the pilot is due shortly. We are not just focused on one drug recovery prison, though; we have enhanced units or wings at many of our prisons, and we would like to expand them in due course.

The hon. Member for West Ham asked whether it might be better to spend money on more staff, better access to drug treatment and through-the-gate services. In addition to the money that I have identified, we are already spending money on all those things. She will know that, since 2016, we have had a net increase in our prison officer numbers by more than 4,000. Notwithstanding the pandemic, we are continuing to recruit into our prison service, and we are doing so at a good rate. We recently increased the moneys to our community rehabilitation companies for through-the-gate services by something in the region of £22 million.

The hon. Lady also identified the fantastic work that prison officers have been doing throughout the covid pandemic. Like other hon. Members, I pay tribute to their ongoing work in very challenging circumstances over the past few months. She is right to identify the importance of continued programmes. We are looking at how we can maintain safety and security during the pandemic so that we do not have too many prisoners meeting other prisoners and therefore seeding and feeding the infection. At the same time, we are continuing with individual work.

A number of hon. Members referred to prisons in their areas. Like my hon. Friend the Member for Clwyd South (Simon Baynes), I pay tribute to the work that is being done at Berwyn. I had the opportunity to speak to the governor of Berwyn recently; he has done a remarkable job through the covid period. I also pay tribute to the work at HMP Bure, which my hon. Friend the Member for North Norfolk (Duncan Baker) referred to.

Hon. Members made a number of points about the importance of this legislation. My hon. Friend the Member for Aylesbury (Rob Butler), who always speaks with such knowledge on these issues, said that it could be profoundly beneficial. My hon. Friends the Members for Wolverhampton North East (Jane Stevenson) and for Wantage (David Johnston) both said that this legislation will give people a further chance of turning around their lives. My hon. Friend the Member for Dudley South (Mike Wood) said that it may help make prisons safer. My hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) said that the Bill is not just good but necessary. For all those reasons, I confirm with great pleasure that the Government support this important Bill, and I look forward to its passage through this House.