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Mrs. Gillan: 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
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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
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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
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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.
Mr. Alistair Carmichael (Orkney and Shetland) (LD): Like the hon. Member for Chesham and Amersham, I have had the benefit of briefings from various bodies, including DrugScope, to which she referred, and Transform. They have raised in my mind a number of issues on which I remain uneasy. In considering my position on the clause, I have had regard not just to the Bill but to the accompanying regulatory impact assessment. In a number of respects, the RIA is a little long on assertion and a little short on evidential support for those assertions.
We should all focus on maximising the number of people who enter and complete a treatment programme. That raises a fundamental question about the appropriateness of using coercion by the police at the point of arrest. We are dealing with people whose lives are among the most chaotic of those with which the police will deal, and people whose relationship with the police is among the poorest. I question whether it is appropriate for that to be their entry point into drugs treatment. I say that because the old adage is that one can take a horse to water but cannot make it drink. It seems that the Government's aim is to take the horse to water, and then to stuff its head in the river regardless of the consequences. I am not persuaded that they are going to achieve their ends.
The RIA makes an interesting assertion when it says that
''Refusal and breaches will be kept to a maximum of no more than 5 per cent. by ensuring that the police and the drug workers at all stages of the process are fully able to explain not only the requirements but more importantly the benefits of complying with the requirements, which are not onerous—''
That is certainly open to question—
''and putting in place processes, which will make it easier for the drug misuser to comply with the requirements.''
If we consider the life patterns that have brought many of the people to the point that we are considering, I have to suggest to the Minister that that assertion is optimistic in the extreme. The Transform briefing also questions the figure of 5 per cent. It points out, quite reasonably, that
''Experience with drug treatment and testing orders, court ordered treatment and treatment as a bail condition suggests that a substantial minority, often as high as 25 per cent. of arrestees, will choose to go to prison, where they can invariably maintain their drug habit, than enter coerced abstinence-based treatment. These will inevitably be the most problematic and chaotic users
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and the most prolific offenders. A recent NAO report on Drug Treatment and Testing Orders found that 80 per cent. of those on the Order had re-offended within 2 years.''
That is hardly a promising background for the measures that the Government seek to introduce.
A number of practical issues need to be addressed. I should like the Minister to go into some detail on the methodological and legal problems, and the history of false positives and false negatives, particularly in relation to class A drugs. The example that Transform cites is old, but one that I suspect remains true: that of those who test positive for class A because they have had something as innocent as a poppy seed bagel. There are other issues of greater concern. As the hon. Member for Chesham and Amersham has implied, there are legal issues concerning the possible use of the results of these tests when people are in custody, and what happens to the samples once the initial decision has been taken.
I would also be interested in the Minister's explanation for the basis on which she sees this as being a deterrent, either for drug use or drug-related offending. This has become a theme throughout the regulatory impact assessment, but its extent is not quantified anywhere in the assessment. What research has been, or will be, undertaken to establish the deterrent effect, if this is to come into law? The Home Office has never undertaken or presented any evidence to demonstrate the deterrent effect at the heart of this Bill. Such an effect seems to be marginal, and almost completely irrelevant to the chaotic lives of many drugs users. That is surely the point. The people with whom we are dealing will not see this in the same way that we, sitting here in this Committee Room, would see it. They are not impressed by the deterrent value in the way that we might be. Surely it is the offenders who have the most involved history, the most chaotic lives, who commit the most crime, that we ought to be striking at here. I suggest to the Minister that this clause quite simply fails to do that.
Finally, I come to a point made by Transform, which is slightly tangential to the clause, but fair none the less. To look at treatment purely in criminal justice terms, if we are to put treatment at the heart of our policy, we have to regard that as being a health issue as well. Why do we therefore have no measure at all of the health benefit to be had from this?
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