Prisons (Substance Testing) Bill

Lord Morris of Aberavon Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I support the Bill and congratulate the noble Baroness, Lady Pidding, on taking it over and moving this Second Reading so eloquently. I, too, pay tribute to Dame Cheryl Gillan, with whom, when she was Welsh Secretary, I spent a pleasant hour discussing Welsh affairs in her office, which I had occupied for six years.

We should all take an interest in what happens in our prisons. Earlier in my life, I had planned to do a little to improve the rehabilitation of prisoners. I fear that age and other issues have crowded out that noble aim. Over the years I have visited many prisons, mostly in the south of England, in a professional capacity as a mainly criminal defence lawyer. However, my first visit was outside my profession. As a young MP, I took my father-in-law, who was a Welsh publisher and did so much for Welsh publishing, to see one of his authors in prison: the illustrious Waldo Williams, who was jailed for refusing to pay that part of his income tax that went to defence expenditure. I had to stay in the outside foyer—I was only an MP—but my father-in-law was a senior magistrate and prison visitor and he was able to see his author.

Having been to many prisons over the years, usually to consulting rooms or foyers for consultations with my clients, I never came across any suggestion of drug taking or anyone being under the influence of drugs. Some of the consultations in long fraud cases would take the best part of a day. Things have changed. The present legislation allows for the drug testing of prisoners. The aim—perhaps it is too ambitious—is to allow no drugs in prisons. I agree with this aim, but fear that this is not the case at present. As the noble Baroness has explained, the amending legislation would allow the prisons to catch up with changes and developments in the importation of drugs. My understanding is that there is an increased importation of psychoactive substances and pharmaceutical medicines.

In his last annual report, the Chief Inspector of Prisons argued:

“For many years safety and decency in prisons has been undermined by the prevalence of illicit drugs and the impact they have in generating debts, bullying and violence.”


This is a terrible indictment of the state of affairs. I fear that the Bill is vitally needed to deal with such drugs. The prisons are having to deal with a moving target; that is why we need the flexibility that the Bill allows and I therefore welcome it very much. It will be a helpful tool to deal with present developments. In my professional life, I have seen too many effects of the damage that drugs have done to individuals. I commend this much-needed Bill and congratulate the noble Baroness on moving it so eloquently.