30.09.1999

Blair’s new drugs offensive

The government’s assault on civil liberties continues without let-up. Next on the agenda is compulsory drugs testing for those arrested, whether for drugs offences or not. The idea was aired by both Tony Blair and home secretary Jack Straw at the Labour Party conference in typically disingenuous style - presenting it as a way of helping drug abusers kick their habit and cutting crime.

Crime-cutting is a perennial vote-winner in this alienated and fearful society and, with the next general election on the horizon, New Labour is placing its offensive against drugs-related criminality centre stage. For the Blairites, tackling the ‘causes’ of crime means the introduction of blanket drugs testing of arrested persons. A positive test result is likely to mean denial of bail for offences where it would otherwise have been obtained. Furthermore the decision to test will lie with the desk sergeant: refusal to take a test would be viewed in the same light as a positive result.

The right to bail will obviously be eroded. Although in law there is a presumption that everyone is entitled to bail, it can be refused by the police or subsequently the courts, but only under certain stipulated conditions (likelihood of failing to appear at court, of committing further offences or of interfering with witnesses).

Interestingly, a leader in The Daily Telegraph took an almost democratic position, noting that Blair

“seems to have difficulty with the idea of personal freedom ... Being accused of a crime is not the same as being found guilty ... it reverses our entire conception of justice ... we do not expect to be randomly tested for drugs any more than we expect to have our houses randomly searched for stolen goods” (September 28).

The presumption of innocence has been a basic principle, and is why only those defendants whom the courts find guilty ‘beyond reasonable doubt’ can be sentenced. But under Blair’s New Labour those who are arrested and then found by mandatory urine or blood test to have taken illegal substances are refused bail: they are clearly being punished before judicial proceedings have started. A positive test result alone will put one’s liberty in jeopardy.

Only certain drugs such as tobacco and alcohol can be countenanced by our rulers - illegal ones like cannabis, LSD, ecstasy, amphetamines, heroin and cocaine are presented, along with their lower class and younger users, as the greatest evil facing Britain. This was one of the main thrusts of Tony Blair’s speech in Bournemouth. Before and after his speech the bars at the conference centre were of course full to overflowing with delegates, the press and lobbyists swilling booze like there was no tomorrow.

But millions - especially youth - are frequent recreational users of cannabis, LSD and ecstasy. A smaller number like heroin and cocaine. Naturally all drugs have their dangers, whether they are legal, like valium, alcohol and tobacco, or illegal. However, a great many of the problems associated with illegal drug use would be greatly lessened if not removed altogether by legalisation. The impurities present in illegal drugs, diluted or ‘cut’ with inert or even grossly harmful substances, are responsible for a high proportion of those suffering bad effects; and indeed the high cost because of their very illegality propels some users into criminal activity.

We challenge the state’s right to dictate what we shall or shall not do with our bodies: by doing so we start to challenge its right to exist. These anti-democratic and unjust proposals on drugs tests must be strongly opposed.

Jim Gilbert