Drug tests for the unemployed may only be the beginning
Martin Barnes Wednesday 29 April 2009
Guardian Newspaper (U.K.)
http://www.guardian.co.uk/society/joepublic/2009/apr/29/welfare-reform-unemployment-drug-tests
The welfare reform bill will, for the first time, introduce benefit rules specifically for problem drug and alcohol users – but it could extend to claimants with mental health problems
When you claim benefit as an unemployed person, a lot of questions are asked to establish whether you satisfy conditions of entitlement – such as "actively seeking" and being "available for work". Today, the House of Lords will debate proposals in the government's welfare reform bill which could see future questions to claimants include whether they are using illegal drugs, drink heavily or are undergoing treatment for substance misuse problems.
If the current benefit regime is thought intrusive, what about being required to attend an assessment to determine whether you have, what is vaguely defined as, "a propensity to misuse" drugs or alcohol? Or, if you refuse, having to undergo tests to determine whether you have an illegal drug in your body? What about Jobcentre staff sharing information about you with police, the probation service and others, and, if it is determined that you have a serious drug or alcohol problem, requiring you to undergo treatment as a condition of receiving benefit?
The bill will, for the first time, introduce benefit rules specifically for problem drug and alcohol users. The government's aim of supporting more people with drug problems into training and eventually employment is welcome and laudable, but while ministers promise greater support and flexibility, the content of the bill is entirely about extending the stick of compulsion and benefit sanctions.
Jobcentres will be given sweeping and unprecedented powers to investigate claimants whom they suspect may have a drug or alcohol problem (including drug testing in some circumstances). Claimants can be compelled to undergo treatment as a condition of getting benefit, raising questions about compatibility with the new NHS constitution which enshrines the right to consensual (non-coercive) care and treatment and to confidentiality.
While the legislation will initially apply only to people with heroin or crack cocaine problems, it can be extended to other forms of drug use, including alcohol. The explicit linking of benefit entitlement with treatment is also causing concern outside the substance misuse field – what guarantee is there that it won't be extended in future to claimants with other medical conditions that may affect their ability to work, such as people with mental health problems or those who are obese?
There are obvious concerns about rights and liberties. There is, for example, no legal test or threshold Jobcentre staff must satisfy before requiring someone to answer questions about their drug or alcohol use. As the bill is currently worded, the Jobcentre could effectively require a claimant to undertake a particular type of drug treatment by directing attendance at a residential rehab centre or at a service that only provides an opiate substitute such as methadone.
There are also practical concerns about the effectiveness and impact of a regime based on sanctions and compulsion. The government piloted a scheme which imposed benefits sanctions on offenders who were not complying with community orders from the courts. In February the government admitted that the scheme had resulted in only a 1.8% improvement in compliance and cost £5.60 in taxpayers' money for every £1 saved. It was quietly abandoned. There is no evidence that similar measures proposed under the bill will work.
With over 200,000 people a year accessing drug treatment, it is unclear where extra capacity will be found to provide treatment (and choice of treatment) to significant additional numbers being referred from Jobcentres. The government has indicated that this will be achieved by "re-prioritising" within existing provision.
During a recession, it will be even more challenging to help the most stigmatised and marginalised benefit claimants into work – former problem drug users face significant barriers to employment. The government is absolutely right to insist that "no one is written off" by our welfare system. But the draft legislation proposed by this government requires detailed scrutiny and debate.
The bill brings in wide-ranging reforms and gives the work and pensions secretary, James Purnell, unprecedented powers that will impact on some of the most vulnerable people in our communities. Despite the bill's potential ramifications, it is regrettable that debate and scrutiny over its proposals was sadly lacking as it charted its course through the House of Commons. We sincerely hope that it receives more intense examination in the Lords.
• Martin Barnes is chief executive of DrugScope, the national membership organisation for the drugs field and an independent centre of expertise on drugs and drug policy
Martin Barnes Wednesday 29 April 2009
Guardian Newspaper (U.K.)
http://www.guardian.co.uk/society/joepublic/2009/apr/29/welfare-reform-unemployment-drug-tests
The welfare reform bill will, for the first time, introduce benefit rules specifically for problem drug and alcohol users – but it could extend to claimants with mental health problems
When you claim benefit as an unemployed person, a lot of questions are asked to establish whether you satisfy conditions of entitlement – such as "actively seeking" and being "available for work". Today, the House of Lords will debate proposals in the government's welfare reform bill which could see future questions to claimants include whether they are using illegal drugs, drink heavily or are undergoing treatment for substance misuse problems.
If the current benefit regime is thought intrusive, what about being required to attend an assessment to determine whether you have, what is vaguely defined as, "a propensity to misuse" drugs or alcohol? Or, if you refuse, having to undergo tests to determine whether you have an illegal drug in your body? What about Jobcentre staff sharing information about you with police, the probation service and others, and, if it is determined that you have a serious drug or alcohol problem, requiring you to undergo treatment as a condition of receiving benefit?
The bill will, for the first time, introduce benefit rules specifically for problem drug and alcohol users. The government's aim of supporting more people with drug problems into training and eventually employment is welcome and laudable, but while ministers promise greater support and flexibility, the content of the bill is entirely about extending the stick of compulsion and benefit sanctions.
Jobcentres will be given sweeping and unprecedented powers to investigate claimants whom they suspect may have a drug or alcohol problem (including drug testing in some circumstances). Claimants can be compelled to undergo treatment as a condition of getting benefit, raising questions about compatibility with the new NHS constitution which enshrines the right to consensual (non-coercive) care and treatment and to confidentiality.
While the legislation will initially apply only to people with heroin or crack cocaine problems, it can be extended to other forms of drug use, including alcohol. The explicit linking of benefit entitlement with treatment is also causing concern outside the substance misuse field – what guarantee is there that it won't be extended in future to claimants with other medical conditions that may affect their ability to work, such as people with mental health problems or those who are obese?
There are obvious concerns about rights and liberties. There is, for example, no legal test or threshold Jobcentre staff must satisfy before requiring someone to answer questions about their drug or alcohol use. As the bill is currently worded, the Jobcentre could effectively require a claimant to undertake a particular type of drug treatment by directing attendance at a residential rehab centre or at a service that only provides an opiate substitute such as methadone.
There are also practical concerns about the effectiveness and impact of a regime based on sanctions and compulsion. The government piloted a scheme which imposed benefits sanctions on offenders who were not complying with community orders from the courts. In February the government admitted that the scheme had resulted in only a 1.8% improvement in compliance and cost £5.60 in taxpayers' money for every £1 saved. It was quietly abandoned. There is no evidence that similar measures proposed under the bill will work.
With over 200,000 people a year accessing drug treatment, it is unclear where extra capacity will be found to provide treatment (and choice of treatment) to significant additional numbers being referred from Jobcentres. The government has indicated that this will be achieved by "re-prioritising" within existing provision.
During a recession, it will be even more challenging to help the most stigmatised and marginalised benefit claimants into work – former problem drug users face significant barriers to employment. The government is absolutely right to insist that "no one is written off" by our welfare system. But the draft legislation proposed by this government requires detailed scrutiny and debate.
The bill brings in wide-ranging reforms and gives the work and pensions secretary, James Purnell, unprecedented powers that will impact on some of the most vulnerable people in our communities. Despite the bill's potential ramifications, it is regrettable that debate and scrutiny over its proposals was sadly lacking as it charted its course through the House of Commons. We sincerely hope that it receives more intense examination in the Lords.
• Martin Barnes is chief executive of DrugScope, the national membership organisation for the drugs field and an independent centre of expertise on drugs and drug policy
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