Approved Premises (Substance Testing) Bill

Neil Hudson Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Rob Butler]

If my hon. Friend is patient, I will also come on to that point in just a moment. It is all in my speech, I promise.

Returning to the need for this Bill, the Prisons and Probation Ombudsman, which investigates deaths in custody, has made repeated recommendations on the urgent need for a comprehensive drug strategy for the approved premises estate, including expanding the range of drugs for which tests can take place. The Bill will do exactly that.

Of course, deaths are not commonplace in AP, and we should not imply that they are. However, the impact of drugs on the physical and mental wellbeing of individuals in both the short and long term is profound. Drug use also undermines an offender’s ability to engage in rehabilitation, which was mentioned by my hon. Friend the Member for Bracknell (James Sunderland), and potentially hampers an offender’s efforts to turn their back on crime at the very moment they most need to desist and begin a new law-abiding life.

The Bill will enable Her Majesty’s Prison and Probation Service to create a comprehensive framework for drug testing in approved premises. It will bring APs in line with the testing regime that was recently introduced across the prison estate—to which I referred a moment ago, in response to the intervention by my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell)—and that was established by the Prisons (Substance Testing) Bill, which was introduced in the last Session in the name of the former right hon. Member for Chesham and Amersham, the late Dame Cheryl Gillan.

Dame Cheryl and I discussed her Bill in some detail; she knew I had experience in this area and was very interested in it. She was very clear on the positive impact that these changes could have on prisoners. The fact that her Bill received no opposition during its passage and received Royal Assent is just one further example of the tremendous legacy left by Dame Cheryl. She is very much missed in this place and, I would like to say, across the whole of Buckinghamshire and more widely across the country.

I recognise that some right hon. and hon. Members might wonder why drug testing does not already exist in approved premises. I would like to reassure them that there is already some provision in place, although it is far from sufficient for today’s landscape of substance misuse. Currently, residents are tested for drugs if they are asked to do so by staff in accordance with the house rules that they accept as a condition of their residence in the approved premises. Although that provides a basis for some drug testing, it does not set out a comprehensive statutory framework for the testing of illicit substances, for the type or scope of substances that may be tested, or for the types of samples that may be taken. What is more, at present, HMPPS tests residents only on a risk and suspicion regime and can test for only four groups: opioids, cannabis, cocaine and amphetamines. In short, the current testing regime is unsatisfactory and insufficient, hence the need for the Bill before the House today.

[Dr Neil Hudson (Penrith and The Border) (Con)]

I congratulate my hon. Friend on bringing his Bill this far, and I wish him well in its further passage. It is an important Bill. He has fluently described the changing patterns of drug use, the different substances and the ever-changing types of drugs used that are a blight on our society. Does he agree that, by bringing forward a robust and regulated drug-testing system, his Bill will provide an effective response to the ever-changing picture of the types of drugs in use? He has mentioned psychoactive substances. Given that ever-changing picture, an approved testing regime will help.

[Rob Butler]

I thank my hon. Friend for his intervention; once again he demonstrates knowledge of the impact of drugs on the human body. He has expertise on animal bodies rather than human bodies, but he demonstrates none the less a profound understanding of pharmacology and the changing pattern of drugs. There has been great news about prescription medication—we have seen real advances in drugs. However, there is a flipside to that, which is that there is an ever-growing group of criminals who seek to exploit scientific development and advances, and use them to prey on the most vulnerable in society. What we need to do is help those who might fall prey to that victimisation. That is why this testing regime will result in help, guidance and support, alongside potentially criminal consequences if the misuse is continued or results in particularly poor behaviour.

[Dr Hudson]

I am grateful to my hon. Friend for giving way again. He brings up the point about the different types of drugs that are available. I was not going to bring this up, but he has made the important point that some of the drugs that are misused in society are used in a veterinary setting, perhaps for analgesia and anaesthesia—ketamine, for instance. It is important that legislation is passed that mitigates, reduces and cancels out the inappropriate use of drugs that are so beneficial in human and veterinary medicine, but create such a blight for people if they are misused. They are dangerous and potentially fatal.

[Rob Butler]

Again, I thank my hon. Friend for sharing his expertise and contributing to the greater education of Members across this House. By expanding the range of substances that can be tested for, and taking the step to require that testing be done on urine, the Bill will increase HMPPS’s ability to detect and address drug use quickly and efficiently. As I have already indicated, the Bill will extend the range of substances that can be tested for. It makes provision to test all residents in approved premises for controlled drugs, psychoactive substances and prescription-only medicines.

I will now move on to the manner of testing. Approved premises currently test for drugs using oral fluids. However, relatively few drugs can be detected reliably in oral fluid. That means that the current testing regime has a limited capacity to identify drug use among residents. As a result, residents’ needs are not identified and treatment and care cannot be planned or managed effectively. The move to urine testing will allow HMPPS to both test for a much wider range of substances and, crucially, provide a longer timeframe in which to detect the use of illicit substances. That is because certain drugs are only detectable for a relatively short period of time in oral fluid—12 to 24 hours—but in urine some drugs, such as heroin, are detectable for up to five days. Clearly, this increases the opportunity to detect the use of substances and will provide an additional deterrent to those who might be tempted to abuse them.