Approved Premises (Substance Testing) Bill

Kit Malthouse Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

I am extremely grateful to my hon. Friend the Member for Aylesbury (Rob Butler), who gave a comprehensive speech that is difficult to top. He was obviously rehearsing for being a Minister, given the number of interventions he took. I hope he will excuse me if I do not take any.

This Bill is very important, and we look forward to it completing its passage. As my hon. Friend said, it continues from the Prisons (Substance Testing) Act 2021, which was another private Member’s Bill that received Royal Assent with support from both sides of the House. I am grateful for the support of the hon. Member for Stockton North (Alex Cunningham), too.

As a number of Members have said, this Bill makes sure we can understand and react quickly to the changing patterns of drug misuse in approved premises, as drug misuse often hampers individuals’ chances of rehabilitation. As Members may be aware, around 80% of crime that receives a caution or conviction is committed by a repeat offender, and around 62% of prisoners have either an alcohol or drugs need, or both.

Combating drug misuse is a priority for the Government. In January this year we announced £148 million to institute a system-wide approach to the problem of illegal drugs, with £80 million of new money being invested in treatment and recovery services beyond the prison gate.

One of the projects I am proud to have founded is Project ADDER, a joint Home Office, Department of Health and Social Care and Public Health England initiative that combines targeted and tougher policing with enhanced treatment and recovery services. Through Project ADDER, work is under way to improve outcomes for offenders with substance misuse needs in prison and within the ADDER geographies.

It is also important that work to tackle substance misuse continues outside prison. We know the detrimental impact that drugs can have on an individual, both physically and mentally. Having a comprehensive framework of substance testing in place will be vital in ensuring that approved premises are safe and drug free, and that the risk of serious harm is reduced for the individual, other residents and, most importantly, the wider public. This Bill does two things. It enables us to implement a rigorous drug-testing framework, enabling mandatory drug testing for psychoactive substances and prescription and pharmacy medicines. Supported by the change to urine testing, we can reliably test for a wider number of substances for longer. Urine testing gives us a date when drugs were taken, whereas I am afraid that follicle testing does not. A positive follicle test could mean that drugs were taken months before. The Bill will also put prevalence testing on a firmer statutory footing that allows us to better identify emerging trends and ensure we are able to react quickly.

The combined measures set out in the Bill are intended to help us to tackle the use of drugs in approved premises and ensure that staff can respond effectively and put the necessary care planning in place. This will in turn support our commitment to rehabilitate offenders and, as a number of Members said, get them on to the straight and narrow and give them a second chance, not least because that is one of the key planks of reducing crime overall.

Everyone who has taken part in this debate has my gratitude, not least for their brevity and their commitment to this issue.

Approved Premises (Substance Testing) Bill (Morning sitting)

Kit Malthouse Excerpts

Committee stage
Wednesday 15th December 2021 Public Bill Committees

[Peter Gibson]

I am grateful to the hon. Lady for her intervention, and I thank her for her support in Committee for my private Member’s Bill. I trust that her point will be picked up on by the Member in charge or the Minister. I am glad to have an opportunity to further support the Bill promoted by my hon. Friend the Member for Aylesbury, and I look forward to Third Reading in the new year.

[The Minister for Crime and Policing (Kit Malthouse)]

It is a pleasure, as always, to appear under your wise and guiding hand, Mr Mundell. I start by extending my wholehearted support for my hon. Friend the Member for Aylesbury. I thank him for introducing this important Bill.

Having the privilege of being Minister for Crime and Policing, I am aware of how necessary these provisions are. Drugs not only have an impact on an individual’s physical and mental state, but they also play an important role when it comes to crime, not just because of the direct harm they do, but because of the wide range of criminality they can drive. In the year to March 2020, 48% of homicides were drug-related. The Government are committed to cutting crime and dismantling the entire business model of drugs, from supply to demand.

We set this out in the beating crime plan, which we published in the summer, and our commitment to tackling drug use is set out clearly in our cross-Government drugs strategy and the prisons strategy White Paper, both published last week. The drugs strategy represents an ambitious, 10-year generational commitment to work across Government to address illegal drug use, including increased and enhanced testing in prisons and, I hope, approved premises. The strategy is the formal, substantive response to the exceptional and comprehensive independent review of drugs led by Dame Carol Black, and it accepts all her main recommendations.

Our strategy sets out three core priorities: cutting off drug supply, creating a world-class treatment and recovery system, and achieving a generational shift in the demand for drugs. Our vision goes beyond treatment. People who suffer from addiction have multiple and complex needs for which they need support. We are leading the world in delivering a joined-up package across treatment, accommodation and employment. Drug treatment will be joined up with our investment in NHS mental health services, so that people’s wider needs can be addressed together.

As set out in the prisons White Paper, our goal is for prisons to have a culture of zero tolerance to drugs and an approach that ensures meaningful and lasting recovery for all prisoners. We will ensure that every offender has access to the treatment they need and a plan to help them to turn their backs on crime. Prisoners will be supported to use their time in prison to become free of drugs. On release, accommodation and employment support will help them to stay away from drugs and crime.

It is important, however, that work to tackle substance misuse continues outside prison. Our drugs strategy is underpinned by record investment of nearly £900 million of additional funding over the next three-year spending review period, taking the total investment on combating drugs over the next three years to £3 billion. From this we will invest more than £2.8 billion over the next three years to create a world-class treatment and recovery system. This includes £780 million of additional investment —the largest ever single increase in treatment and recovery funding.

The Bill will allow us to further deliver on the commitments set out in the beating crime plan, the prisons White Paper and our drugs strategy to tackle drugs misuse, cut crime and save lives. As my hon. Friend the Member for Aylesbury set out, the Bill will implement a rigorous drug-testing framework, enabling mandatory drug testing for psychoactive substances, together with prescription and pharmacy medicines. Supported by the change in urine testing, this means that we can reliably test for a wide number of different substances for longer.

The Bill will also put prevalence testing on a firmer statutory footing, which allows us to better identify emerging trends and ensure we are able to react quickly to changes in drug use. The combined measures in the Bill will ensure consistency of testing and treatment from prison to the community and will be vital in ensuring that approved premises, which we are of course expanding, are safe and drug-free, and that the risk of serious harm is reduced for the individual, other residents and the wider public.

The Bill will help us tackle drug use in approved premises, ensure that staff in them are able to respond effectively and provide residents with the necessary treatment and support. That will support this Government’s commitment to rehabilitate offenders, reduce reoffending and beat crime. The Government are pleased to support the Bill, and I congratulate my hon. Friend the Member for Aylesbury on bringing it forward. I commend the Bill to the Committee.

[Rob Butler]

I thank all Members present here today—both Front-Bench and Back-Bench colleagues. I realise that there are many demands on everybody’s time, particularly this close to Christmas. It is important to underline that those here today have shown an interest in an important, but often unrecognised, part of our criminal justice system. Approved premises can make a significant contribution to an offender's rehabilitation at an absolutely crucial moment in their transition from prison back to the community. Helping those tempted or enticed into using drugs is a vital element of achieving success, thereby reducing reoffending and so cutting the number of victims of crime.

The Opposition spokeswoman, the hon. Member for Lewisham West and Penge, talked about the benefit to residents in approved premises and the wider public. It is important that we do not lose sight of that. I will put on the record more detail on the consequences if someone fails a drug test, to reassure her further about the approach that will be taken in approved premises. The first step is that there would be a discussion between that resident and the member of staff in the approved premises. That might then lead to an improvement plan being initiated; that would encompass referrals to the appropriate drug misuse services. The emphasis is very much on help and guidance, because we know that committing offences while under the influence of drugs is a huge problem. That is, therefore, a key element in trying to overcome that problem. It is important to say that this would not be a purely punitive exercise. However, if other behaviours were associated with that drug use, that could lead to other actions being taken. There is an emphasis on rehabilitation and assistance, but it does not lose sight of the need for punitive action, if required.

I am grateful to my hon. Friend the Member for Darlington for highlighting the impact that this legislation can have. In response to the intervention from the hon. Member for Garston and Halewood, a colleague on the Justice Committee, I am glad that she has focused on deterrence and I agree with her point entirely. Growing awareness of the fact that this testing exists in approved premises is, one hopes, likely to discourage residents of those approved premises from being tempted into drug misuse—whether that is of psychoactive substances, illicitly obtained prescription medicines or more conventional illegal drugs. Finally, I am very grateful to the Minister for highlighting the part that this legislation could play in an overall, long-term drugs strategy, as was proposed last week.

I offer my sincere gratitude to the staff in the Ministry of Justice—one of whom is at the back of the Committee Room—who have been a huge support in the preparation of this Bill and its progress thus far. I also thank members of the House staff; I am not sure whether I am allowed to name them individually, but they know who they are. I pay tribute to those in Ministry of Justice, whether working on the frontline or in the Bill team itself, for their commitment to helping offenders turn around their lives through this legislation.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.