Drug testing of Isle of Man inmates stopped

An internal review of mandatory drug testing of inmates at a prison on the Isle of Man has concluded that it is unlawful to enforce drug testing on inmates.

The Department of Home Affairs has stated that current legislation does not allow urine samples to be taken for the testing of controlled substances. Urine testing has now been suspended “until the matter is resolved”.

Urine testing is the quickest way to determine if an individual has been abusing drugs in the last week. It is likely that a new bill will be passed in the House of Keys as soon as next week.

Juan Watterson, the home affairs minister, has confirmed that the department has already “set about rectifying the situation as soon as it came apparent”.

Approval is being sought for a two-clause Custody (Amendment) Bill 2013, which makes it mandatory for prisoners to provide a wider variety of samples for drug testing. Currently the prisons are tied to Custody Act 1995, which does not allow for ‘intimate samples’ to be obtained.

Even breath testing has been stopped while the Department of Home Affairs takes further legal advice on this issue. An intimate sample generally covers everything other than samples from the mouth or hair from the head.

Mr Watterson said: “We also take the rights of prisoners very seriously and the current suspension is in nobody’s interest. We are therefore taking steps to update the legislation at the earliest possible sittings of the House of Keys and Legislative Council.”

This acts as a reminder that for drug testing to be carried out both ethically and legally there should be a legally binding document or policy in place, whether it is within a prison or a business setting.