… these proposals [should be] deleted from the Bill, unless clear evidence is provided to support the Government’s view that the interference proposed with the right to respect for private life is necessary and will be accompanied by appropriate safeguards.
In any event, we consider that the Bill should be amended to remove (a) the potential for drug testing subject to be undertaken subject to sanction; (b) the power to direct individuals to undergo specific treatment subject to sanction and (c) the proposals in the Bill for extensive information sharing regulations, particularly the proposal for Job Centre Plus officials to pass information gathered under these provisions onto third parties.
So says the Parliamentary Joint Committee on Human Rights in regards to the clause in the Welfare Reform Bill on drug addiction. They highlight Article 8 of the European Convention on Human Rights (ECHR) – that provides for a right to respect for private and family life and this specific clause contravenes that.
The report also questions the legitimacy, justification and the proportionality. This clause is an attack on civil liberties as it is intrusive, oppressive and seeks nothing more than to punish people through pernicious sanctions. The same should be applied to Purnell’s draconian proposals on alcohol addiction.
After much scrutinising, I assume the rest of the Bill is compatible with human rights as the Committee don’t really question other aspects of the Bill and even give luke warm endorsement! On, for example, ‘work for your benefits’ they state:
We consider that changes to welfare support designed to meet the right to social security and the right to an adequate standard of living should be supported by evidence. We are concerned by the suggestions that the Government’s proposals are not supported by their own comparative research. We welcome the Government’s decision to pilot its “Work for your benefit” programme before its proposals are rolled out on a wider scale. We recommend that the pilots should monitor the implications of the proposals for individual rights, including the right to respect for an adequate standard of living, the right to respect for private and family life and the right to enjoyment of those rights without discrimination.
Thank you so much for posting this. I am researching this topic for a private matter and this is very helpful and informative.