Prisons (Substance Testing) Bill

Baroness Laing of Elderslie Excerpts

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

[Rob Butler (Aylesbury) (Con)]

I rise to speak in support of this excellent Bill, and I must declare my interest: immediately prior to my election, I was a non-executive director of Her Majesty’s Prison and Probation Service and previously spent four and a half years as a member of the Youth Justice Board. In those roles, I visited many prison establishments in England and Wales, and I should add that HMYOI Aylesbury is in my constituency. I would like to take this opportunity to pay tribute to the staff of custodial establishments up and down the country for their work, especially during the coronavirus crisis.

Drugs are the scourge of prisons. Indeed, in one that I visited, I was told that drugs now outranked escape as the main threat. We have heard some of the figures on drug testing, but behind numbers, as always, lie human experiences. I well remember being in a workshop of one category B prison and being overwhelmed by the brilliant craftsmanship of the offenders working there each morning. They would carve or sculpt intricate designs. They were doing work that is in great demand in the outside world. They were motivated and skilled. I asked one of the prisoners what he did in the afternoon, once the vocational training had finished. His answer was simple: “Get high to forget—take drugs so the time goes faster.” That is because, as the hon. Member for West Ham (Ms Brown) said, in many prisons the main driver of drug use is boredom. Other prisoners take drugs because they cannot cope. Drugs in prison provide escapism, albeit in an extremely dangerous way. That means that drugs in jail are big business. They generate substantial amounts of money for criminals, both inside and outside the prison estate.

Psychoactive substances, or PS, are of particular concern. They are often harder to intercept on the way into prisons, not least because they can be hidden on ordinary sheets of paper. There have even been cases of fake legal letters that are soaked in psychoactive substances being sent to prison, where they are then cut up into tiny pieces and sold on to other criminals to give them a fleeting high. In a category A prison, I was told that one A4-sized piece of paper soaked in PS can be worth £400.

The criminalisation of possession of psychoactive substances in custodial establishments is a very good thing, but there are always unintended consequences, and it has led to a boon for organised crime gangs operating inside the prison estate. PS are still relatively easy to come by outside prison, meaning, as one prison officer put it to me, that “everyone can now become Pablo Escobar.” It is a terrifying thought. One of the biggest dangers of PS is the unpredictable impact on different individuals. Some prisoners become catatonic. Others engage in extreme behaviours that almost defy imagination. Others still are humiliated.

What all this illustrates is the challenge that faces our prison staff day in, day out, and we as parliamentarians should do anything we can to help. However, our current legislative process to update the list of illegal substances is no longer fit for purpose. Making repeated amendments through secondary legislation to add each new formulation of a substance is cumbersome, slow and inefficient. Adopting the generic definition of a psychoactive substance, as proposed in clause 1 of the Bill, will mean that small alterations to the chemical formulation will not provide a loophole such that prisoners can claim they took nothing illegal. I submit that the proposed change is a necessary and sensible step to improve the ability of HMPPS to tackle PS in the estate.

It is important that we provide HMPPS and all its staff with the right tools to stay one step ahead of the criminals. Prevalence testing is one way to do that, enabling staff to identify new substances that are being taken. Creating an express statutory footing to do so, as proposed in the Bill, is therefore not only wise but necessary. There are also, unfortunately, cases where prescription and other pharmacy medicines are abused by prisoners, and I therefore welcome the intention in the Bill to widen the range of such substances that can be tested for, in order to clamp down on the illicit economy that arises from their misuse.

It is absolutely essential that we have a process of testing for drugs in our prisons and our youth offender institutions that is thorough, effective and able to respond to rapid changes in the market in both illicit and legal substances that are abused in our jails. This is a short Bill, which, on the face of it, makes relatively minor changes to the regime of drug testing, but its impact could be profoundly beneficial. I warmly congratulate my constituency neighbour and good friend Dame Cheryl Gillan on her efforts to make it more straightforward to tackle the curse of drugs in prison, and I thank the hon. Member for North West Durham (Mr Holden) for bringing it to the House on her behalf.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Will the hon. Gentleman reiterate that bit, instead referring to the right hon. Lady as—

[Rob Butler]

My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan).

[Madam Deputy Speaker]

Thank you very much.

Prisons (Substance Testing) Bill

Baroness Laing of Elderslie Excerpts

Report stage & 3rd reading
Friday 12th March 2021 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss new clause 2—Expiry—

“This Act expires at the end of a period of 3 years beginning with the day on which it is passed.”

[Sir Christopher Chope]

New clause 1, in my name and those of my hon. Friends the Members for Wellingborough (Mr Bone) and for Shipley (Philip Davies), replicates, almost exactly, a new clause that was moved in Committee to try to ensure that there is a proper assessment of the Bill.

The new—temporary; perhaps permanent—prisons Minister had the courtesy to phone me yesterday to discuss the reasons why he believed the new clause was unnecessary. I was able to exchange with him an actual case in my constituency that is causing me concern, which he said he would take away and act upon. I will summarise that case, which shows how important the issue of drugs in prisons is.

The case concerns a constituent whose husband was convicted of murder and sentenced to 13 years’ imprisonment. Within a short time of his arrival in prison, never having taken drugs before, he became addicted to drugs, and he was then trying to get off those drugs. Ultimately, it resulted in him and his family being subject to payments of extortion amounting to no less than £60,000. Despite him and his parents and family reporting the matter, none of the people to whom the £60,000 was paid have been brought to justice. Fortunately, my hon. Friend the new Minister has assured me that he is going to investigate the matter and take care of other issues relating to the welfare of my constituent’s husband.

I tabled the new clause in order to raise that issue. I am not very familiar with procedures in the House, as you know, Madam Deputy Speaker, but as we need to resolve this Report stage so that the Bill can be given its Third Reading, would it be in order for me not to speak any longer about new clauses 1 or 2 but to seek the leave of the House to withdraw them both?

[Madam Deputy Speaker (Dame Eleanor Laing)]

I take it that the hon. Gentleman does not wish to press his new clauses, for which the House will be grateful.

[Sir Christopher Chope]

Yes, Madam Deputy Speaker. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Third Reading

--- Later in debate ---

[Mr Holden]

I have nothing further to add.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I just want to say to the House that it is very sad that the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) is not here in the Chamber today, but it will mean a very great deal to her to know that the whole House has supported her Bill and that it has now gone through all its stages. I am quite sure that everyone here today will join me in sending the right hon. Lady our very best wishes.

[Hon. Members]

Hear, hear.