Key Facts

• The amendment revokes rules added by S.I. 2020/1077, which added scopolamine to the list of specified drugs.
• Clause 1 allows HM Prison and Probation Service to test prisoners for all psychoactive substances and any new compounds that emerge without needing rule amendments.
• Clause 2 ensures no overlap between 'specified substances' in rules and statutory definitions of controlled drugs, pharmacy medicines, prescription-only medicines, or psychoactive substances.
• Substance misuse in prisons fuels violence and health problems, acting as a barrier to rehabilitation.
• Current testing methods are not responsive enough due to rapidly changing drugs and smuggling techniques.
• The Bill aims to remove the need for secondary legislation each time new substances require testing.
• There are concerns about the robustness of the core definition of psychoactive substances from the Psychoactive Substances Act 2016.
• 90% of people who enter prison from the community access treatment within three weeks.
• 61% of these individuals start treatment immediately upon entering prison.
• Among those transferring between secure settings, 41% take more than three weeks to access treatment and only 15% start treatment immediately after transfer.
• In 2019, almost half of those entering treatment for misuse of a new psychoactive substance (NPS) had a housing problem.
• A Norwegian study found that 85% of all deaths in prison leavers occurred due to overdoses in the first week after release.
• The risk of an overdose death was 12.7 times higher for a prison leaver in the first two weeks after release compared to the general population.
• The Psychoactive Substances Act provides HMPPS with a broad definition allowing for testing of new or existing psychoactive substances.
• The key objective is to identify prisoners with ongoing drug problems to ensure they receive appropriate treatment.
• Prison governors need tools and sanctions to tackle those who traffic, distribute, and use illegal drugs.
• £100 million security package includes airport scanners, enhanced gate security, mobile phone blockers, and increased crime investigation funding.
• Holme House is a £9 million drug recovery prison project jointly funded by the Ministry of Justice and the Department of Health and Social Care.
• Over 53,000 adults accessed treatment services between 2018 and 2019; 27% were free of dependence after completing their programme (up from 24%).
• £2.5 billion spending programme for prison builds to increase purposeful activity.
• £237 million commitment in the spending review for accommodation for up to 6,000 rough sleepers and £144 million for support services.
• NHS RECONNECT service supports prisoners transitioning into community health services.
• Currently, 17% of eligible prisoners with opiate dependency receive naloxone.
• New Clause 1 requires an assessment of value for money of the Act's provisions.
• New Clause 2 mandates biannual reports by the Advisory Council on the Misuse of Drugs to Parliament.
• Reports must include assessments on tested substances, newly appeared substances, and effects on prisoner health.
• New clause 1 would require the Government to publish an impact assessment within a year of the Bill's implementation.
• 11% of people receiving substance misuse treatment in prison reported having a problem with new psychoactive substances (NPSs) as of recent data, up from 5% in 2015-16.
• The Advisory Council on the Misuse of Drugs is to publish a report every six months on NPS issues in prisons and testing adequacy.
• Prison staff are currently denied access to prevalence study results by the POA.
• The national prison drugs strategy was published in April last year.
• Annual assessments including statistics on tests conducted, positive results, and psychoactive substances are provided by HMPPS's annual digest.
• A £100 million investment has been made for prison security.
• The number of expected deaths in prisons without intervention was estimated at 2,500 to 3,500.
• In the first wave, there were around 25 actual deaths.
• The minister praises prison staff for their work during difficult times and notes that many will continue working over Christmas.