§ Ms RuddockTo ask the Secretary of State for the Home Department (1) if the proposed drugs testing of suspected drug users in prison will be compulsory; and if participation will be linked to the granting of privileges;
(2) who will carry out the proposed drugs testing on prisoners;
(3) in what circumstances a drugs test will be authorised on a prisoner; and who will be able to authorise such a test;
(4) if the proposed drugs tests on prisoners will use urine or blood samples or both;
(5) if the results of any drugs tests carried out on prisoners will be subject to medical confidentiality;
(6) if any positive result of a drugs test on a prisoner will be used in subsequent disciplinary proceedings.
§ Mr. Peter LloydTesting prisoners for drugs is a key element in our plans to control drug misuse in prisons.
The proposals for drug testing in prisons brought forward in the Criminal Justice and Public Order Bill will give prison officers powers to require prisoners to undertake drug tests. This will be backed up by new prison rules making the use of drugs in prison and refusal to undertake a test a disciplinary offence. Prisoners may not be compelled to undertake a test but as has been explained refusal will be a disciplinary offence.
We expect drug testing to be used in a number of different circumstances, for example:
- where there is "reasonable suspicion" prisoners have misused drugs;
- on a random basis as a deterrent to drug misuse;
- as part of compacts with prisoners, relating, for example, to entry into drug rehabilitation units or seek privileges such as home leave. There are no plans to link participation in tests more generally to the granting of privileges, but this will be considered as detailed plans are developed.
Our current expectation is that tests will use urine samples but as technology improves we maj, be able to use hair samples. The proposals before Parliament specifically exclude the use of blood and other intimate samples.
Prison officers will oversee the provision of urine specimens by prisoners. We are currently considering the most appropriate arrangements for analysing the specimens and will be providing detailed guidance on this for prison governors.
Prison governors will authorise the use of drug testing in their establishments and again the Prison Service will provide detailed guidance on when testing would be 932W appropriate and how it should be conducted. We have already explained the main circumstances in which we expect drug testing to be used.
A positive drug test which results from a specimen provided to a prison officer under these proposals could be used as evidence under the Prison Service disciplinary arrangements. As such it would not be subject to medical confidentiality.