Approved Premises (Substance Testing) Bill — House of Commons, 2022-01-21
Topic: Law and Crime
Robert Butler (Conservative, Centre-right): My understanding is that, in the preparation of the detailed proposals for the implementation of this Bill, colleagues at the Ministry of Justice have considered exactly that and do not believe it is of concern. They believe that the proposals all comply with such legislation The introduction of prevalence testing in this Bill will enable HMPPS to increase understanding of the ever-changing drug landscape and, in turn, allow staff to take appropriate action to tackle the threat of drugs in approved premises. After all, it is difficult to work out what to do to solve a problem, or how much resource to devote to it, if the extent of the problem is not known in the first place. The provision in the Bill to undertake periodic prevalence testing will entail the use of residents’ samples to test for the prevalence of controlled drugs, psychoactive substances and prescription-only medicines on an anonymised basis, as was indicated earlier In sum, the framework provided for by the Bill will enable HMPPS to respond effectively and flexibly to changing patterns of drug misuse. It will enable HMPPS to improve the identification of residents who are misusing substances to enable robust and appropriate referrals into treatment, together with the development of appropriate targeted care planning. It will enable better identification of elevating or decreasing risk of serious harm to the public based on a resident’s drug misuse. Finally, it will support the development of a comprehensive drugs strategy, building a body of evidence on drug misuse within the resident cohort of APs, which will widen understanding and identification of the corresponding and consequential actions that need to take place, either at a practical level by HMPPS or at a policy level in the Ministry of Justice I believe that, as a result, the Bill will have a tangible effect. It will enable us to better identify and respond to new and emerging patterns of drug use in approved premises, help provide the necessary care and treatment for individuals and, ultimately, support reductions in reoffending. Throughout the passage of the Bill and, indeed, throughout my speech, I have been grateful for the support of colleagues across the House. Many of them were unfamiliar with the challenge that the legislation attempts to address and, quite understandably, several have raised specific questions, so, as promised, I will take a few moments to give a little more context and detail on the appropriate areas In terms of the change in drug testing practice, the new regime will test every resident at least twice during their stay in the approved premise. A typical stay is approximately 12 weeks. For those who have been imprisoned on terrorism offences, it can be up to a year, but the average stay is about 12 weeks. There will potentially be two tests during that 12-week period, and HMPPS anticipates the consequence of that will be around 20,000 tests a year. Colleagues may remember I mentioned the current risk and suspicion-based testing regime. That will continue on top of the enhanced regime: the testing at specified times in the approved premises, which the Bill will establish. If staff are suspicious or risks are identified, there will be testing on top of that The consequences for someone failing a drug test are absolutely critical. The initial step would be a discussion between a staff member and the resident, and the primary aim would be to tackle the misuse. At that first stage, an improvement plan is likely to be initiated. That could incorporate referrals to appropriate services to provide the right help for each individual, probably consisting of signposting or the referral of residents to substance misuse services, and liaison with their probation officer. I want to emphasise that, although there needs to be rigour and discipline in approved premises, my aim in the Bill is for it not to be a purely punitive exercise. If, though, the drug use was a direct breach of a licence condition or it resulted in inappropriate behaviour, it could ultimately result in a recall to prison. However, HMPPS does not, as a matter of course, initiate breach or recall based purely on an initial positive drug test Consideration has also been given to the possible reaction of residents in approved premises when the new regime is introduced, not least given the vulnerable stage of their progress from prison to the community at that stage. Naturally, neither I nor the MOJ would want to do anything to jeopardise progress towards rehabilitation. Given that residents already sign an induction pack, which includes a number of rules, including the limited drugs testing I explained earlier, it is not expected or foreseen that there will be a significant problem. What is more, for those arriving at APs from prison, they will already have experience of the enhanced testing regime being proposed from their time in custody. Indeed, staff at approved premises to whom I spoke suggested that the change could be regarded positively by residents because it does, after all, signify increased investment in their wellbeing and rehabilitation My hon. Friend the Member for North West Norfolk (James Wild) asked about the consequences if a resident refuses to comply with the terms of the compulsory drug testing regime. In that situation, if they are on conditional bail with testing as a condition and they are not complying with the terms of the regime, they will have breached their condition of bail. There are some people in approved premises who are deemed to be at high risk and are there while still on bail, as opposed to those who are in the approved premises having been released from custody. In that situation, if they have breached their bail, they can be arrested by the police and brought back to court, where the magistrates or judges have three options. They can continue the bail conditions as they are—essentially, reimposing the same conditions. They can make the conditions more stringent. Or they could, ultimately, remand the person in custody. If a resident on licence—someone who has been released from prison and is in approved premises almost as a halfway house between custody and the community—declines to be tested, consideration will be given to their suitability to stay within those approved premises, because there is that contract of engagement as part of going to the approved premises, and that could also result in their recall to prison. We must always be aware of the financial implications of new policies. HMPPS estimates that when it implements the change in testing, it will cost approximately £1.2 million per year to carry out the enhanced testing regime with residents of approved premises. The current annual budget for drug testing in approved premises is £350,000, so the implementation of this Bill would see an increase of some £850,000. However, it is worth bearing it in mind that the Ministry of Justice has indicated that it has evidence that shows that drug treatment provides a return to society of £4 for every £1 that is invested, and that increases to a return to society of £21 over a period of 10 years. I would therefore suggest that the testing proposed in the Bill and the subsequent treatment in fact represent very sound spending, which I am sure will be music to the ears of my right hon. Friend the Chancellor of the Exchequer I hope that I have addressed as fully as possible the aims of the Bill and the potential impact that it could have. In many ways, it is a small step, a minor change, but having spent well over a decade in various roles in the criminal justice system, I am all too aware that the path to rehabilitation can be slow, painstaking and full of setbacks, but every little step can make a difference. Every day without drugs is a good day for someone who has previously been dependent on them. Every opportunity to increase the prospect of someone living a crime-free life is an opportunity that we should seize, and I am proud to do so today with the Third Reading of this Bill.