Clause 7 - Testing for presence of class A drugs

Part of Drugs Bill – in a Public Bill Committee at 3:56 pm on 1 February 2005.

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Photo of Dame Cheryl Gillan Dame Cheryl Gillan Shadow Minister of State (Home Office) 3:56, 1 February 2005

Clause 7 concerns testing for the presence of class A drugs. The key proposal makes a number of amendments to the Police and Criminal Evidence Act 1984 to allow for the introduction of drug testing of a person for specified class A drug use   on arrest for a trigger offence, and later there is a provision to require a person with a positive test to attend an assessment by a drugs worker. However, as I understand it the provision signals a new departure: if a person over 18 is arrested and not charged, on the say-so of an officer he or she is required to undergo testing for a ''specified Class A drug''.

My first question to the Minister is, what is a specified class A drug? Why not just a class A drug? Why introduce the word ''specified'' and what is its significance? We have just had a discussion on the classification of drugs. The drugs included in class A are heroin, methadone, cocaine, ecstasy, LSD, amphetamines if prepared for injection and magic mushrooms prepared for use. Does the inclusion of ''specified'' mean that the officer has to choose one of those drugs and specify which, or does it cover all class A drugs?

This provision would play into the point made by the hon. Member for Bassetlaw, although he withdrew his amendment, to try to widen the clause to catch both class A and class B drugs, because amphetamines appear in both class A and class B. Will the Minister explain the inclusion of ''specified'' and say whether she considers it necessary? It appears to be a narrowing of the provision that ties the police officer's hands behind his back rather than the wide catch-all provision that both sides of the Committee seek.

I have been impressed by some of the organisations that have briefed us during the run-up to the Bill. I may not agree with them in many instances, but it is only fair that some of the points that they have raised with me should be raised with the Minister. It is apposite that some of the issues should be raised during a stand part debate on clause 7, to which they relate.

I refer specifically to a briefing that I received from DrugScope, with which I know the Minister is familiar. I repeat that I do not always agree with what it has to say. On this provision, it says that it is doubtful whether the power to test on arrest rather than at charge will lead to an improvement in the number of people entering and completing treatment, because the evidence on improving responses to problem drug users at the point of arrest does not suggest that the problem is with a lack of coercive police powers to compel people into treatment.

DrugScope goes on to ask why the emphasis is not on strengthening existing voluntary schemes, particularly the arrest referral scheme, with which the Minister will be familiar. It also asks why, rather than introducing new police powers, which are linked to criminal sanctions, those provisions cannot be extended. We all share the Minister's aspirations for getting more people into drug treatment, and we accept that that is an exceedingly difficult task, given that the lives of those people are often chaotic and not at all stable, but the arrest referral scheme is seen to have some merits. It is a voluntary scheme that aims to identify problematic users at the point of arrest and to encourage them to tackle their problem.

Police custody staff offer the scheme, and people are assessed when they agree to participate. If they are appropriate, they are referred to services. Arrest   referral workers screened about 49,000 individuals in England and Wales between October 2000 and September 2001. More than half those individuals were voluntarily referred to specialist drug treatment services. Of those who were referred, a quarter—5,500—entered into treatment.

The research evidence on the arrest referral suggests that the priority of a Government concerned about improving outcomes for arrestees with drug problems is not to introduce new coercive police powers. Recent research identifies the following essential ingredients for successful arrest referral work: a proactive mode of work that wins the respect and trust of users; adequate resourcing; the capacity to provide continuing support, which is exceedingly important when dealing with such a group of offenders; and appropriate and adequately resourced treatment services to which to refer individuals, which I am afraid are in short supply.

Turning Point and DrugScope, both of which have provided briefings, believe that the Government should use this opportunity to introduce several practical improvements to the existing arrest referral schemes in order to deliver enhanced arrest referral and to encourage people to enter treatment voluntarily. They suggest the following modifications: the provision of pre-booked appointments for treatment; accompanying clients to appointments; assertive outreach following non-attendance; follow-up contact; special arrangements for particularly vulnerable clients; and the provision of further training for workers on issues such as prostitution and stimulant and alcohol use, all of which are relevant when dealing with this particular group of people. I do not know whether the Minister is particularly familiar with those suggestions, but perhaps she will comment on them for the benefit of the Committee. Turning Point and DrugScope believe that those measures would be more effective and would actively support people in attending drug treatment centres voluntarily. I hasten to add that I do not necessarily agree with those provisions, but I am interested in the Minister's response. To be fair, I do like to know the Government's position when I am briefed by an organisation.

DrugScope has other concerns about clause 7. It believes that there needs to be clarification of the status of the test sample and how the information derived from the results of the test is used. It wants assurances that information from test results is handled sensitively and used only to inform a course of treatment, rather than to influence criminal proceedings, where it has no bearing on the crime and does not relate to problematic behaviours. I am interested to know what the Government have to say about the test results and whether they will be used as additional evidence in support of offences for which the person has been arrested.

DrugScope is also concerned that the process and results of testing on arrest could be used oppressively in an interrogation and related processes at a police station. Again, it seeks assurances that appropriate guidance, safeguards and monitoring will be put in place to ensure that these powers are not misused. I   agree with the organisation that the method of recording the results and the length of time for which they are retained are also important. It believes that that is particularly important if the charges are dropped for the crime for which the individual was arrested. It is not clear what happens if someone is arrested and tests positive for class A drug use, but is not charged. Is that person still bound to attend assessments and to face criminal penalties if he does not?

I have other queries in that regard but that is enough for the Minister to deal with for the time being. I welcome the provision, but would like to know how she would deal with its critics.