During the House of Lords Report Stage debate on the Welfare Reform Bill (22nd October) the government announced concessions to measures specific to problem drug users: claimants will not be required to undergo treatment as a condition of receiving benefit and some limits will be placed on when a claimant can be required to undergo drug testing.
The announcement was made in response to amendments moved by Baroness Meacher which sought to remove a requirement to undergo treatment and to remove drug testing.
Changes regarding the requirement to undergo treatment
The Bill will be amended to make clear that a claimant cannot be required to submit to drug treatment. The government states that while it was never the intention to force people into specific forms of treatment, a claimant could have been required to participate in some form of treatment in compliance with a rehabilitation plan - the Bill included powers to require a claimant to attend a specified institution or centre providing treatment.
Claimants will still be required to comply with a rehabilitation plan, but participation in drug treatment will only be included if a claimant agrees to it being there. In a statement, Lord McKenzie, Parliamentary Under Secretary at the Department of Work and Pensions, said “as with any type of health treatment the patient will need to give informed consent before any medical treatment could be undertaken.”
Claimants will be required to follow a rehabilitation plan if they are identified as being dependent on or having ‘a propensity to misuse drugs’ and this is considered to be a factor affecting their ability to obtain or remain in work and their condition is susceptible to treatment. Although a requirement to undergo treatment will no longer be included in the plan, a claimant will be required to ‘engage’, which could include “educational sessions, or self-esteem, counselling and confidence building.” A refusal to engage, without good cause, could result in a benefit sanction.
Changes related to drug testing
The Welfare Reform Bill includes a power to require a claimant to undergo one or more drug tests. The requirement can be imposed if a claimant has refused, without good cause, to take part in an assessment to determine whether they have a dependency or a propensity to misuse drugs.
In response to a proposed amendment removing drug testing, Lord McKenzie said that a power to require a person to undergo drug testing will be kept in the Bill but with further limits on when it could apply: i.e., testing will not be used in cases where someone is already in drug treatment, have self identified their drug misuse or were referred to a substance misuse assessment because of information obtained from the criminal justice system.
Lord McKenzie said that a positive test will not be used in isolation to decide that a claimant is a problem drug user: “A drug test could, if positive, add weight and support to the advisor’s decision to refer to the specialised support they need.”
A briefing note prepared by the DWP states that if someone refuses to participate in a substance-related assessment on the grounds that they do not use drugs, they will be offered the option to take a drug test prior to any sanctions being applied. If the test is negative ‘no further action will be taken’.
Reaction from DrugScope
Responding to Lord McKenzie’s statement during the Report Stage debate, DrugScope Chief Executive, Martin Barnes, said:
“DrugScope welcomes the announcement that claimants who have self identified or are assessed as having a dependency or a propensity to misuse drugs will not be required to undergo drug treatment. We will shortly be meeting with DWP officials to seek clarification of the intended scope and content of rehabilitation plans, the activities which claimants may be required to engage with and the ‘good cause’ provisions (i.e., the circumstances in which a claimant may not be sanctioned for failure to carry out an action included in the plan).
“We are disappointed that a power to require claimants to undergo drug testing remains in the Bill. While further limits on the use of drug testing have been announced, requiring a claimant to undergo testing if already in drug treatment or self identified as a problem drug user would arguably not have been a proportionate or reasonable use of the power. We hope the government will give further consideration to whether the drug testing provision is consistent with the aim of providing encouragement and support to problem drug users to take steps to overcome barriers to work. We welcome the fact that Lord McKenzie gave an assurance that the government would reflect further on concerns about drug testing and the rehabilitation plan before the Bill returns to the Lords for its Third Reading.”
Notes:
The Welfare Reform Bill receives its Third Reading in the House of Lords on 5th November.
Further information about the Welfare Reform Bill, including DrugScope briefings and articles, are available on the DrugScope website at:
http://www.drugscope.org.uk/ourwork/Policy-and-public-affairs/topics-and-campaigns/key-topics/welfare-reform-bill.htm
The debate on the relevant amendments (Schedule 3: Claimants dependent on drugs etc – Column 906), and Lord McKenzie’s statement (Column 908) is available at:
http://www.publications.parliament.uk/pa/ld200809/ldhansrd/text/91022-0015.htm
For more information and/or interviews contact Andrew McNicoll, Communications Officer, on 020 7520 7563 or email andrewm@drugscope.org.uk
