Approved Premises (Substance Testing) Bill

Nickie Aiken Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Rob Butler (Aylesbury) (Con)]

I beg to move, That the Bill be now read the third time.

First, I declare my interest as a former non-executive director of Her Majesty’s Prison and Probation Service and a magistrate member of the Sentencing Council. Approved premises are an unsung part of a largely unsung service, but just as part of the successful functioning of our society and democracy is a criminal justice system that is fair and fit for purpose, approved premises are a critical element of the continuum between custody and community for a significant number of those who have broken the law.

There are approximately 100 approved premises across England and Wales, with some 2,300 bed spaces between them. Primarily, they provide temporary accommodation for offenders who have been released from prison but are still deemed to pose a high risk, or those who have the most complex needs and so need to receive additional, targeted residential supervision and rehabilitative support.

I make no apology for repeating the point I have made at previous stages of the passage of this Bill: it is rehabilitation that is key. Whatever the views of individual Members or different parties across the House about the causes of crime or harshness of sentencing, we all want to see fewer victims of crime, yet despite the best efforts of skilled, dedicated, committed and caring prison officers and probation staff, to whom I pay tribute, reoffending rates remain stubbornly high. In fact, as hon. and right hon. Members may be aware, around 80% of crime that receives a caution or conviction is committed by a repeat offender.

We know that drugs play a massive role in offending, whether that is committing crimes while the offender is under the influence of drugs or committing crimes to feed the habit. Indeed, Dame Carol Black’s review of drugs estimated that the total cost of harms related to illicit drug use in England was more than £19 billion in 2017-18. Drug-related crime was the main driver of the total costs, with recorded offences committed in England by drug users amounting to £9.3 billion in that period. Action to reduce drug use is an important part of helping people who are newly released from prison and at acute risk of succumbing to the temptation of a return to substance misuse.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I congratulate my hon. Friend on his private Member’s Bill. In the Mayor of London’s suggested new policy, he is looking to allow young people who are caught with drugs in Greenwich, Bexley and Lewisham not to face any offence or be brought to justice and to be let off the hook. Does my hon. Friend agree that really small amounts of drugs can lead to greater issues for young people in the long term and may even lead them to go into crime? Surely it is about teaching young people from the very start that drugs are not the answer to anything.

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[Nickie Aiken (Cities of London and Westminster) (Con)]

Like other hon. Members, I applaud my hon. Friend the Member for Aylesbury (Rob Butler) for his efforts to enhance the capability of Her Majesty’s Prison and Probation Service to detect illegal drug use. The Bill will be an important tool to enable HMPPS to understand the prevalence and nature of substance abuse in approved premises.

I am particularly encouraged by the Bill’s holistic approach to tackling drugs misuse. It will work well with a number of the Government’s key priorities; it chimes with the beating crime plan, complements the prisons strategy White Paper and adds to the focus on transparency in the new drugs strategy. One thing that struck me on reading the Bill was that its provisions are very much targeted towards help and guidance for those in approved premises, rather than towards prosecution. I think we all agree that if somebody has a drugs problem, it is better to help than prosecute them.

I accept that the Mayor of London is trying to do his best about drug use among young people, particularly in Bexley, Lewisham and Greenwich, by not prosecuting under-25s caught in possession of a small amount of drugs. However, I think that that policy will give a very clear steer to the gangs peddling drugs that they can persuade young people that a small amount of cannabis will be okay and that they will get away with it. I do not think that that is the right message to send our young people.

I particularly praise the Bill for giving agencies the ability to understand and respond to new and emerging patterns in drug use in approved premises, ultimately aiming to reduce it and support reductions in reoffending. I also welcome the fact that it will support the development of effective practice in tackling substance misuse, supporting recovery and building a body of evidence on drug misuse among the offender cohort. My concern, however, is that people living in approved premises are not typical offenders; they often have complex problems. Keeping that in mind, our approach to drugs and dependency in approved premises must always be underpinned by assessment and empathy.

Overall, consistency of testing and treatment from prison to the community can and will be vital in ensuring that approved premises, which we are expanding on, are safe and drug-free, and that the risk of serious harm is reduced for the individual, for other residents and for the wider public. I am therefore delighted to support my hon. Friend’s private Member’s Bill today.

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[Ellie Reeves (Lewisham West and Penge) (Lab)]

I commend the hon. Member for Aylesbury (Rob Butler) for bringing forward this extremely important Bill. I want to start by thanking those who work in the criminal justice system in approved premises, prisons and the probation service. They do an incredibly challenging job and deserve our thanks.

As we have heard today, residents who are supervised in approved premises are not typical offenders. Often, they are high-risk individuals with additional problems and troubled pasts. They mainly house people released from prison with strict licence conditions in place. Approved premises play an incredibly important role in the rehabilitation of those who are there. Ensuring they are housed in safe and secure drug-free premises that support their rehabilitation and prevent reoffending is crucial not just for those who are placed there, but for the public at large, so everything must be done to protect residents from the supply of drugs, which in some cases has led to them offending in the first place.

I am deeply concerned, like other Members across the House, that drug deaths in approved premises have risen in recent years, and that the abuse of prescription drugs and new psychoactive substances is increasing. Psychoactive substances in particular are constantly evolving and becoming harder to detect and combat, and the hon. Member highlighted the profound effect such drugs can have on those who take them.

[Nickie Aiken]

I am interested to know the hon. Lady’s views on the Mayor of London’s proposals to allow under-25s not to be prosecuted. Perhaps it is the decriminalisation of drugs that he is suggesting for Lewisham, Bexley and Greenwich.

[Ellie Reeves]

I thank the hon. Lady for her question. I am not surprised by it, particularly as I am a Member of Parliament representing Lewisham. I do not agree with the premise that it is the decriminalisation of drugs in our borough. Let us look at what the Mayor of London is doing: an extra 1,300 police officers and £70 million for opportunities for disadvantaged young people. The reoffending rate for people using the London Women’s Diversion Service, which the Mayor of London funds, is just 7% versus the national average of, I think, 23.3%. It is really important to look at what works, but it certainly is not the decriminalisation of drugs that the hon. Lady refers to.

Under the Offender Management Act 2007, residents of approved premises are required to submit to drug tests if requested by members of staff in some circumstances, but it is not a comprehensive scheme. The detection of prescription drugs and psychoactive substances in particular can be evaded. It is therefore clear that the current testing framework is far from perfect and we welcome the Bill, which would help to build a more comprehensive framework that enables approved premises to conduct drug testing in line with the regime used in prisons. Not only would that allow for the testing of a greater range of substances; it would allow offender managers to use urine testing, rather than oral fluid testing, which detects a far wider range of drugs over a longer period of time. The measures would also allow for anonymous sample testing to help to understand the extent of substance use and to help to identify any new substances.

It is absolutely right that managers of an approved premises should have the tools to identify drug misuse and better understand the types of drugs that are being used, but we are also pleased to see that the Bill provides assistance and rehabilitation. I welcome the points the hon. Member for Aylesbury made in relation to that not just today, but on Second Reading and in Committee. Residents who test positive for drugs will be directed to appropriate substance misuse organisations first, with punitive sanctions not the primary purpose of the new regime. That is something we very much welcome. All these measures will help offender managers to better support those in their care. That will not only improve the rehabilitation of residents but decrease the risk to members of the public.

However, to truly tackle drug use in approved premises we also have to look at what is happening in our prisons. Following over a decade of Tory Government, drug use in prisons has increased by 500%. Our overcrowded prisons are in crisis—failing to rehabilitate, failing to stem the tide of drugs flowing into them and failing to keep us safe. The Government hailed their prisons White Paper as a great success but it was merely a sticking plaster over the deep wounds caused by 12 years of Conservative neglect. The statistics speak for themselves. There has been a 12% drop in inmates enrolling in drug and alcohol courses over the last four years, with fewer offenders taking these programmes. That simply leads to greater addiction and inmates learning nothing but more criminality. And what of the Justice Secretary’s flagship programme of introducing £1 million X-ray scanners in all men’s prisons? They are detecting only a quarter of the number of contraband items being found in manual checks by prison officers. This is a Government that is high on tax but soft on crime. The perilous state of our prisons means that a third of adults released from custody go on to reoffend within a year, costing the taxpayer £18 billion and meaning that we are less safe on our streets.

We welcome the Bill, but unless the Government get to grips with the fundamental problems across our justice system they will be condemning many to a cycle of reoffending. I commend the hon. Member for Aylesbury for his determination in bringing the Bill before the House and I wish him every success as it passage continues.