I thank the hon. and learned Gentleman for raising an important issue about the use of drugs in prison. He is quite right to point out that clause 17 will modernise parts of the Prison Act 1952 dealing with prison security. Clauses 16 to 19 deal with illicit articles. He moved on to a wider point about drug taking and I agree with him—it is a major problem that cannot be treated cosmetically. We must get to the heart of the problem. That is why I am pleased that mandatory drug testing, which is considered the most accurate assessment of drug use, is showing the lowest levels of drug use since 1997. However, our ability to detect drugs pushes up the figures on drug use.

We must deal with the problems that people have regarding drug use but, as the hon. and learned Gentleman said, we must also determine what we can do to stop the smuggling of drugs and mobile phones into prisons. The clauses deal with stopping that smuggling.

The hon. and learned Gentleman raises many issues. He has also asked a number of parliamentary questions on drugs, which I have answered. I am sure that we will return to that in future. Clause 17 replaces the existing section 40 of the Prison Act 1952, with new sections 40A, 40B and 40C. The purpose of the clause is to update, clarify and refine the existing provisions, and to create new offences that address the development of new technology such as mobile phones.

When the 1952 Act was taken through Parliament, the primary focus of illicit smuggling into and out of prisons was alcohol and tobacco. As the hon. and learned Gentleman says, these days drugs present a  major problem and their illicit use within prisons is assisted by the use of mobile phones. Although the Prison Service is taking forward a series of measures to tackle those important issues, it is essential that the relevant legislation is also brought up to date to recognise and reflect the prohibited items that are of key interest now.

The clause offers greater clarity, breaking down the prohibited items into three bands that are grouped according to their seriousness; the maximum penalty for each band is also graduated according to seriousness. The most serious items of drugs, explosives, firearms or other offensive weapons are set out in list A in new section 40A(2). New section 40B makes it an offence to convey articles in list A into or out of prison without authorisation. The maximum penalty for committing such an offence will be10 years’ imprisonment, a fine, or both. That sends a clear message that we will not tolerate illegal operations in prisons that threaten or undermine the security of the prison, prisoners, staff and ultimately the public. The availability of a severe maximum penalty will help to deter visitors from making casual attempts to smuggle drugs into prisons.