Mandatory drug tests for those in public office is a breach of privacy, according to Senator Diallo Rabain.

During a heated discussion in the Senate of a report about adopting the policy, some Senators voiced strong concerns about the invasion of their rights and the security of their personal information, such as medical conditions.

PLP Sen Rabain told members that subjecting yourself to random drug tests is giving up “your civic right not to have anyone intrude on your personal life — that’s a balance we need to really look at”.

He also questioned why the parliamentary joint select committee which drafted the report did not look at alcohol testing.

“Why not be subject to random breathalysers?” he asked. “Is that something we agree with, that we shouldn’t test for alcohol?

“It’s quite possible for any one of us to go to lunch and have a few tots and come back.”

Mr Rabain, Shadow Minister for the Environment and Planning, also criticised the report’s failure to outline an appeals process should someone wish to challenge a positive result.

“You’re guilty by testing positive or not showing up, without giving you any right to say what happened,” he said. “It doesn’t give us the right to challenge, you’re assumed guilty across the board.

“I can’t support this report at present. I can’t and I won’t. It’s got to be done right or we’ll find ourselves back here months from now arguing the same points.”

PLP Senator Renee Ming, Shadow Minister for Municipalities, agreed that a “positive member should be allowed to appeal”.

“The report lacks an appeals process. I’m not looking at a complete document,” she added. “We need a comprehensive report for something so important.”

She also spoke of her concern about how secure her personal information would be and said members should not be forced to disclose medical conditions or medicines being taken.

“If I’m taking a daily pill for, say, hypertension, that’s personal, private information I’ve to give out,” Senator Ming said.

“Will other things be revealed from my test? Say I’ve a terminal disease, can that be garnered from a hair follicle test? Will the tester know before me?

“It’s someone’s private information and that needs to be respected.”

Senator Ming also questioned the reliability of the proposed hair test. The report states it reduces the ability of those being tested to “cheat” but “what about the administrator’s ability to cheat? What about the person who has my sample? Can they cheat?”

PLP Senator Marc Daniels, spokesman for legal affairs, also criticised the report for breaching privacy.

“I believe in constitutional and human rights,” he said. “Many drugs can be acquired in the hospital and by prescription. Drug use may be the result of a medical prescription.

“I can attend hospital and be prescribed morphine or codeine, derivatives of heroin and cocaine.

“If I have a life-threatening condition it might be up to me to treat that. Say treating cancer with cannabis, what if I travel to a state in the US where cannabis is legal and I seek treatment there? I’d have a really difficult time coming back and having to disclose to a government or state-controlled entity my medical history.” Mr Daniels said adopting such testing would “put Bermuda on the map” and the Island “would be the first country to do this”.

But he warned that this approach of “zero tolerance” for public servants seemed to contradict Bermuda’s laws.

“We’ve a criminal code and misuse of drugs act and when it comes to zero tolerance we have to look at what our actual laws do,” Senator Daniels said.

“We look at rehabilitation — it’s difficult to say we have zero tolerance when that’s not the case under law.

“I appreciate the spirit that we are not above the law. If there’s a suggestion that someone is participating in illegal behaviour the appropriate response should be to question them with the allegations.”

OBA Senator Jeffrey Baron, Junior Minister for Public Safety and Legal Affairs, defended the drug testing and said it was “mirroring what the public wants”.

He said public servants were “paid by the taxpayer” and should be leading by example.

“If a single mom getting financial assistance must undergo drug testing then why should a legislator not do the same thing?

“I’ve been drug tested by the OBA, I passed. My last test was a month ago.”

OBA Senator Alexis Swan, Junior Minister for the Environment, Planning and Community Development, said MPs and the Senate should “lead by example”.

Ms Swan said it was their job to “set the bar” and that she was “open to being drug tested, I’ve passed in the past”.

Senator James Jardine, who was involved in the drafting of the report, said an appeals process “was not something we ignored”. He said that because positive results would be referred to the Speaker of the House or the President of the Senate, they could be the “point of order for appeal”.

He also addressed why they chose certain drugs and the exclusion of alcohol, saying data suggested substances such as cannabis and cocaine were prevalent in Bermuda as well as being illegal.

“Alcohol was not part of our remit,” he said.

After the members had voiced their support and concern for the report, Senate President Carolanne Bassett told the members about friends of hers who had died from drug use and the “devastating and heartbreaking” problem of addiction.

She said this should be a priority and that testing was worthwhile if it meant people with an issue “faced the reality of where they were and could be in a place of recovery”.

The Senate voted to approve the report seven to three, with Senator Michael Fahy not present.

Speaking after the session, Senator Swan said she was “disappointed the Opposition is not supportive of this because the report is very comprehensive”.

“Bermuda is setting the bar with this, other jurisdictions have struggled,” she added.

“When you’re in politics there are things the community should be aware of, you’re representing the country. I’ve been drug tested and passed all my tests. Using drugs is not acceptable.”

Senator Swan said the public backed the drug tests, as highlighted by a poll in Wednesday’s Royal Gazette.

“My peers have expressed concern about us. If you don’t have anything to hide you should be able to do it.”