Caroline Nokes
Main Page: Caroline Nokes (Conservative - Romsey and Southampton North)Department Debates - View all Caroline Nokes's debates with the Home Office
(10 months, 4 weeks ago)
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I beg to move,
That this House has considered the matter of spiking.
It is a pleasure to serve under your chairmanship, Ms Nokes. I wish to extend my gratitude to the Backbench Business Committee for granting this important debate. It is a timely debate, given that we are in the season of Christmas when, sadly, we would expect to see an increase in spiking incidents and the subsequent sexual violence primarily against women and girls. I thank my co-sponsor and Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), who is so ably chairing here today. I know she shares my passions and concerns about the subject and it has been a pleasure to work with her on the issue. I also thank hon. Members across the House who have given their support for today’s debate. I particularly want to thank the hon. Member for Gloucester (Richard Graham), who has worked relentlessly on the issue.
I want to highlight my support for the e-petition on making it a legal requirement for nightclubs to thoroughly search guests on entry, with a particular view to preventing date-rape drugs from entering nightclubs, and also the e-petition on funding free drink-spiking tests for all bars. Over 190,000 signed those two petitions, including many in my constituency of Bradford South. That reflects how strongly people feel about the subject across this country.
I will begin by briefly speaking to the enormity of the issue. Spiking is not new or rare in this country. In a YouGov poll of 2,000 people commissioned by The Independent, 11% of women and 6% of men said that they had been spiked. The National Police Chiefs’ Council told the Home Affairs Committee that
“the true figure of spiking occurrences are likely to be much higher”,
with estimates showing that 97% of spiking victims will never report the incident to the police. To protect innocent people across this country, the Government need to act urgently and Parliament must afford the victims of spiking the attention that they deserve.
A year has passed since the last time the issue received a full debate in this place—I see some familiar faces here today—but there has been little progress. We might have even gone backwards. At that time I stood in this very room and called for immediate action and I spoke of the need for a specific criminal offence for spiking. Last week the Prime Minister responded to a question that I posed in the Chamber about a specific offence on spiking by saying he remains satisfied that
“existing laws…cover the offence of spiking”.—[Official Report, 6 December 2023; Vol. 742, c. 335.]
The National Police Chiefs’ Council told the Home Affairs Committee that the absence of a clear criminal offence presented a challenge in policing spiking. It also said that a stand-alone offence would help police to
“understand the scale of the problem…enable a far more accurate picture to be realised”
and allow
“enhanced support for victims”.
I am sure that hon. Members across this place will agree that there can be no more dither and delay. A new stand-alone criminal offence of spiking is needed now. The absence of a specific offence for spiking is causing untold damage to innocent people across this country, particularly women and girls.
Freedom of information requests submitted by Channel 4 recently revealed that drug-spiking incidents reported to police have increased fivefold in five years, but the proportion of investigations leading to a criminal charge has fallen. The number of reports that were investigated by police and resulted in a criminal charge have dropped from an appalling 4% in 2018 to a shocking 0.23% last year. That is just one in every 400 spiking crimes reported to police resulting in a criminal charge.
The Home Affairs Committee report concluded that the absence of a specific offence for spiking, along with
“limited reporting, investigation and prosecution, means there are few deterrents for offenders.”
Indeed, with a charging rate that rounds down to 0% it is no surprise that victims do not have confidence in our current laws when it comes to spiking. There are currently seven separate criminal offences under which the crime of spiking can be prosecuted and, importantly, recorded. Five of those date back to the 1800s. It is time that Parliament took a stand against this injustice and created a stand-alone law on spiking that is fit for the 21st century. Throughout my time in Parliament, I have been active in highlighting the dangers of spiking at music festivals, and I have given evidence to the Home Affairs Committee on this issue.
Festivals are a big business, with some directly marketing towards 16 to 17-year-olds—so much so that they are now seen as a rite of passage on completion of GCSEs. Those who attend events can camp overnight, with festivals attracting populations equivalent to a small town; for reference, Leeds festival is attended by around 100,000 people. The police presence is minimal, and the lack of safeguarding training for members of staff can subsequently lead to severe issues with the non-reporting of spiking, sexual assault and rape. Indeed, a female survey respondent was quoted in the Home Affairs Committee report as saying:
“I got the impression that event staff…thought that I had taken drugs willingly as opposed to being spiked”.
That is a clear example of a victim not being believed or understood due to a combination of ignorance and a lack of safeguarding training.
It seemed an obvious and positive step forward when the Home Affairs Committee report recommended that all staff working at music festivals, including vendors, be given compulsory safeguarding training, and it was disheartening to hear that the Government do not intend to mandate training for all staff at events such as festivals. I urge the Government to reconsider that position, because this terrifying lack of safeguarding at music festivals is a clear blind spot and it cannot continue. Many hon. Members will share my view, and my experience, that what should happen to tackle violence against women and girls does not happen unless specific legislation is put in place to make it happen.
The National Police Chiefs’ Council told the Home Affairs Committee of its difficulties in getting a true picture of how widespread spiking is. To highlight the dangers at music festivals, I made a freedom of information request to nine different police forces regarding 11 of the most popular music festivals over the past 10 years. The findings were shocking. They included nearly 200 cases of reported rapes and sexual offences against children as young as 12, and 32% of the cases reported were against children under the age of 18. However, in the 10-year period to 2019, the data that I received recorded just 10 instances of spiking. Devon and Cornwall police gave examples of two spiking offences at Boardmasters festival recorded under the offence of administering a poison or noxious substance. At Reading festival, Thames Valley police noted a case of spiking, but it was recorded as sexual assault.
With cases of spiking reported under different offences in that manner, it makes understanding the scale and nature of this issue difficult. The opportunity to identify patterns in the crime is being missed, and the ability of our legal system and laws to detect, prosecute and prevent this crime—to seek justice for the victims—is undermined as trust is eroded, therefore feeding the cycle of under-reporting.
I therefore welcomed the news that, under the Police, Crime, Sentencing and Courts Act 2022, the Government were legally required to publish a report outlining the nature and prevalence of spiking in this country by April 2023. We are nearly eight months past that deadline and the report is still not forthcoming. The Government have failed in their legal duty to publish that report. In giving reasons for their delay, the Government argued that they had cause to consider with colleagues across Government whether their rationale for not introducing a specific offence for spiking was sound.
I suspect that, in being forced to gather data on spiking, the Government have now become aware of the difficulties in collecting and understanding that data, which is a direct result of the absence of a specific law on spiking. By failing to create a stand-alone law, the Government have been left blind in the face of even an issue so prevalent and widespread as spiking. The Government must publish their report on spiking, and I call on them here today to clarify if and when they will now publish that report.
In 2022 the former Home Secretary, the right hon. Member for Witham (Priti Patel), rightly stated that the Government were looking into
“a specific criminal offence to target spiking directly”.
However, in January 2023, a Home Office Minister carried out a policy U-turn by saying that a new law on spiking was unnecessary. Then, in a letter in July 2023, the Home Office said that it was reconsidering whether a specific offence was required. Last week, in response to my question, the Prime Minister suggested that he did not believe that a specific offence of spiking was necessary. On an issue that demands certainty and clarity, we have a Government who are uncertain and unclear on their position. In April 2023, in relation to spiking, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), the leader of the Opposition, clarified that
“an incoming Labour Government would make it a specific offence.”
There were 34 signatories to this debate across five political parties, so I know that there is broad support across the House to create a stand-alone law. This situation demands determined action. Will the Government stay true to their legal obligations and publish their report on spiking? And please, Minister, do not give me the kicking-it-into-the-long-grass response of, “Yes, but shortly”—just tell me when. Will the Government finally do the right thing and recognise spiking as a criminal offence in its own right? There can be no ambiguity here. Now is the time to act to defend the innocent victims of spiking and ensure that these vile perpetrators face the consequences of their serious crimes and feel the full force of the law.
I remind Members that if they wish to contribute they should bob.
Thank you, Ms Nokes; it is an honour to serve under your chairmanship. I thank the hon. Member for Bradford South (Judith Cummins) for giving us the opportunity to discuss spiking again. My constituency of Chelmsford is home to a vibrant and much-enjoyed night-time economy. We have many bars, clubs and restaurants. People come up to Chelmsford to enjoy a night out, not only from Essex, but even from London. We are very proud of our safety record. Chelmsford holds a Purple Flag for safety in the night-time economy, and we did not just get that Purple Flag this year or last year; we have had it every year for the past 10 years. We have a wonderful reputation for keeping people safe, and we want to keep it that way.
From time to time, however, some dreadful stories come to light even in Chelmsford. In February, a very brave woman shared the story of what happened to her when she was out in Chelmsford with a group of girlfriends. She had only had one cocktail when she started to feel dizzy and sick, and then she suddenly started to have spasms. Fortunately, her friends acted quickly. He mum came and collected her and brought her straight to A&E at the local hospital. A video was then shared of her when she was at A&E. Her body was contorting and she was groaning, “I want to die.” She had a complete lack of control of her own body. That went on for six hours. When she came round, she noticed a small mark on her arm and that her arm was painful. She believes that she was stabbed and spiked. Goodness knows what would have happened to her if she had left the bar, left her friends and been all alone in the dark when that occurred. How vulnerable would that young woman have been?
I would like to thank my local police, who treat this problem very seriously. They have been working very actively on hotspot policing in Chelmsford city centre for the last few weekends, including last Saturday and Sunday night, when they were doing spiking awareness campaigns in the bars, clubs and restaurants. I would also like to thank the owners of the many bars, clubs and restaurants, who I know also treat women’s safety seriously. I have been in with many of them to discuss the CCTV arrangements that they have in place to monitor safety, and the fact that many of them make available stoppers or covers for your drinks bottle or glass. But why should a woman have to put a stopper in her drink? Why should she have to put a cover on her glass? Why should she not feel safe just to lift up her own drink that she has bought to enjoy with her friends, and take a little sip from it? Spiking is abhorrent, it is intolerable, and it is unlawful. It must not be allowed to continue. Perpetrators must not get away with this.
Spiking is illegal, but the law against it is incredibly outdated. It goes back to the Offences against the Person Act 1861. I happen to be one of the small number of Members of this House who is currently serving on the Public Bill Committee for the Criminal Justice Bill that is going through Parliament right now. On Tuesday this week, we took evidence from real experts. I asked some of them whether they felt there was a need to modernise this legislation and make the language absolutely crystal clear—in terms that people will understand today—and they agreed. They agreed that spiking is unlawful, but that the language needs updating.
I know I am joined by colleagues in this place today who also agree that updating the language of the law will help to lead to more prosecutions and make it absolutely clear to those who want to commit this type of offence that it will not be tolerated, and therefore it will act as a deterrent.
Thank you, Mr Efford, not just for calling me to speak but for stepping in after I stepped in earlier. This debate is an object lesson in multitasking.
I thank the Backbench Business Committee for granting this debate and, of course, my co-sponsor, the hon. Member for Bradford South (Judith Cummins). It is always a privilege, particularly on this issue, to follow the hon. Member for Gloucester (Richard Graham), who has campaigned tirelessly for two long years, as he so ably highlighted. It does not seem nearly a year since we were last in this place discussing this issue, but I like to think that we are on the edge of a breakthrough. I look to my right hon. Friend the Minister for support, encouragement and enthusiasm on the issue.
The last debate was well attended. I think it is fair to say that this debate has fewer contributions, but obviously of an exceptionally high quality. It shows that we still care and are still concerned about the numerous stories that our constituents bring to us. I am still shocked by the incidents that are highlighted to me in my role as Chair of the Women and Equalities Committee.
Just over 11 months ago, we were calling for specific legislation to address this issue. My right hon. Friend the Minister will know that the Home Affairs Committee has done a great deal of excellent work on spiking. Its report of April 2022 is tagged to this debate, and the hon. Member for Bradford South gave evidence to that Committee on the very specific issue of spiking at festivals.
I wish to touch on that issue briefly, because I went to Glastonbury—I think it was 18 months ago. This was a departure from normal behaviour for me, but I spent an entire day with the Avon and Somerset Police and with some of the stewards at that festival. What I saw was really heartening and encouraging. I saw stewards going out of their way to ask festival-goers whether they were okay. I vividly remember seeing a young girl huddled almost in a foetal position on the floor—it was bitterly cold—and a steward stopping, checking that she was okay and putting his hi-viz jacket around her. It was really encouraging to hear at first hand from the police about the efforts that they were making.
However, moving on from the 2022 report, the assurances given to the Home Affairs Select Committee and the welcoming of its recommendations by Government, we still do not have specific legislation on spiking. I want to highlight why that is important, and why it is a great pity that the Home Affairs Committee is still waiting and police forces, police and crime commissioners and, indeed, victims and potential victims, are still waiting. It is because, as my right hon. Friend the Member for Chelmsford (Vicky Ford) highlighted, the legislation to which we tend to revert when talking about spiking is from 1861. That is not even the last century: it is the one before that. It is really remiss of the Government. In many instances, we can rely on very old legislation for good purpose, but the offence of spiking had not been dreamt up in 1861. I did a bit of research on how one might spend one’s leisure time in 1861. We had not heard of nightclubs at that point; the steam-powered carousel had just been invented; young people were certainly not going anywhere near bars and nightclubs, and they were not being forced to put plastic stoppers in the top of their bottles or covers on their glasses.
My right hon. Friend is making an excellent point about the 1861 Act. The Minister will know that section 22 of that Act refers to the use of chloroform and laudanum. Those were popular instruments at the time that Act was created, and they also feature in Sherlock Holmes’s exploits quite a lot, but does my right hon. Friend agree that that sort of language needs to be modernised?
That is exactly the point. The Act talks about chloroform and laudanum, not Rohypnol, GHB or the various other date-rape drugs that are either dropped into glasses or injected into people’s arms or legs—other body parts are available. That is the stark reality and why the legislation has to be modernised. We have a 21st century problem and we need a 21st century solution to it. We know that the Government are committed to producing and publishing a report on this issue. I believe it was the hon. Member for Bradford South who highlighted how long we have been waiting for that.
I spoke earlier this week to the safeguarding Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris), and asked her to continue to think positively, but speedily. What matters is that we need a solution. The only reason she is not here today is because she is doing great work in the Criminal Justice Bill Committee. I gently point out to my good friend the Minister—I believe he is a good Minister—that he is the Security Minister and we are talking about the security and safety of our young people. I promise him that I am not going to get shouty with him, but I gently ask: the Home Office’s Sir Matthew Rycroft said in his response only two days ago to the Chair of the Home Affairs Committee that news would be forthcoming “shortly, so how short is “shortly”? I ask because the epidemic of spiking does not abate.
Last time we were here, we all raised the horrendous case of my hon. Friend the Member for Mid Sussex (Mims Davies), who has experienced spiking. My hon. Friend the Member for Gloucester also alluded to an experience. I do not think I have ever mentioned this explicitly in this Chamber, but I asked my daughter whether she had ever been spiked. She highlighted two occasions, one when she was collapsed in a toilet of a nightclub and was picked up by the security staff from the floor, carted through the entire nightclub and dumped on the pavement. That is what happens to teenage girls: they get ejected from nightclubs because the assumption is that they are drunk—she was not drunk. She may well have been drinking, but she assured her mother that she had had only one drink. It was only because her friends saw her being carted out through the nightclub and went to the rescue that she was safe. She told me of another occasion when she had had only one drink and firmly believed that she had been spiked. She and her friends regard this as commonplace—that is the horror here. They do not report spiking to the police or to any authorities; they just accept that this is a risk they will run in order to go out and have a good time. That is absolutely horrific. I always point out that my daughter is a lot smaller than me, and I questioned whether this was something that happened only to petite people. A constituent of mine told me about the case of his wife who had been spiked in a nightclub, and she is tiny. I thought, “Is this happening only to small people? Am I therefore safe?”. No, apparently, I am not.
I wish to mention, as my hon. Friend the Member for Gloucester did, the work done by Spike Aware UK, because we regard spiking very much as a gendered crime, but Greg Mackie died because he was spiked. His parents Colin and Mandy—Colin has been in touch me with ahead of this debate—have done great work since 2017, highlighting the scale of the problem, the importance of educating young people, and the importance of educating venues and making sure that they are putting protections in place. But we do need to better understand the scale of the problem; we need better data. With spiking crimes being recorded more often alongside rapes, sexual assaults and robberies, we need to have data that shows us exactly how many people are being spiked. We also need better reactions to this; we need blood tests and tests in hospitals quickly to identify the victims, because the challenge is that many of these substances are processed in the body very quickly. We need evidence to drive good law, and I have no doubt that the Home Office is going to drive good law.
I have mentioned Spike Aware UK, but I also wish to pay tribute to Dawn Dines, of Stamp Out Spiking, whom I have spoken to as part of the work that my Select Committee has done. I want to touch briefly on why people might seek to spike other individuals, which others have referenced. I believe that it is by and large a gendered crime, but it can happen to men; it can happen to boys. We think of it as being driven by sexual gratification, but it can be driven merely by wanting to be entertained by watching someone’s reaction. More and more cases are now being driven by a desire to perpetrate robberies. We are hearing of cases of people being frogmarched to cashpoints and forced to withdraw cash while they are incapable of making rational, sensible decisions about what they are doing because of the substances they have been given. However, as Spike Aware UK would point out, it is not good enough for us to have legislation in this place and it is not good enough for us to be aware: we all have to be actively anti-spiking. The Home Office has done some work in recent years on being an active bystander—the British Transport Police also does that brilliantly. It is about looking out for other people’s drinks and observing the behaviours of others in nightclubs and bars.
I absolutely endorse the comments of my right hon. Friend the Member for Chelmsford however: why should we have to do that? I have never forgotten the experience of Emily, a young girl from Southampton who was a student at the University of Southampton when she was spiked. As a result of that, she came to my office, and her father told me her story very eloquently. She came and did a period of work experience in my office. While she was there, there were two other teenage girls doing work experience, and we had someone from a company come to us with female protection kits, as I will call them loosely. He had a range of kits. There was a kit for dogwalkers, to protect them from being attacked while out walking the dog. There was a kit for students specifically, which contained plastic stoppers for bottles, lids for glasses, their own straw, and so on. It had some of the tests for testing drinks. I let Emily loose on him, because her instant response was, “Why should I have to? Why should I have to have a 20-point checklist to keep myself safe when I go out at night?” Emily is right: we should not have to. But in the current climate, tragically, we do.
My right hon. Friend is making such a good point about the experiences of Emily and others. Does she agree with me that the evidence collected by the Home Affairs Committee was very powerful and very helpful? I want to pay tribute to the Chair, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who cannot be here today, but who led on that and helped to provide evidence that I hope the Home Office will consider carefully. As my right hon. Friend has mentioned, the work of Stamp Out Spiking is also crucial in collecting this anecdotal evidence from so many people. Without that base of research and knowledge, it would be much harder to make the case, which I hope Ministers are finding more compelling.
Of course I agree with my hon. Friend. He is absolutely right. That brings me to the Home Office’s own campaign, Enough, which, people will be relieved to hear, is my closing point. A message I would like to give the Minister very clearly, which is driven by the comments I have gleaned from Spike Aware UK, is that it is not enough for the Enough campaign to focus its activities around universities. By the time a young person has reached the grand old age of 18, that horse may already have bolted. We know from the excellent work of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and her Select Committee, to which my hon. Friend the Member for Gloucester rightly paid tribute, that many spiking incidents happen at house parties. We like to think that when we are surrounded by our friends, we will be okay. Sadly, the truth is that young people under the age of 18 will attend house parties and young people under the age of 18 will be spiked at house parties. They are vulnerable when they are at school and college.
My right hon. Friend is making an excellent point. I recently met a group of sixth-formers from one of my Chelmsford schools. The point they made to me was that, while it is all very well to give awareness to young women when they start university about how to stay safe, they turn 18 before they leave school and would quite like to go and celebrate their 18th birthday parties together. Does she agree with me that more could be done through the school curriculum and at school age to prepare people for turning 18?
My right hon. Friend anticipates where my speech was going. On the Enough campaign, I think it is right to focus on freshers’ week, which is a particular area of vulnerability, but by the time young people are 18 it is too late in some instances. Many will turn 18 while they are still at school and college. The Government’s statutory requirement for relationships, sex and health education finishes at 16, so when someone becomes a practitioner between the ages of 16 and 18, they are not supported.
I gently say to the Security Minister—in the same way that I would have said and, indeed, have said to the current safeguarding Minister, the previous safeguarding Minister and the one before—that RSHE needs to be inclusive up to the age of 18. My Select Committee has called for that in one of our reports, and it is crucial. The RSHE review needs to focus not on gender issues, but on the everyday problems that our young people face on their journey to adulthood, which include drugs, spiking, normal adult sexual relationships and trying not to learn about them from pornography. We have to be bolder when we are talking about what is and is not age appropriate. We have to equip young people to be cognisant of the risks, challenges and difficulties they will face, whether financial or anything else, through a programme of RSHE that is effective and preferably taught by experts, rather than the maths teacher on a Friday afternoon.
I commend the Enough programme. I celebrate it: I have a sticker on my office door—what a shame that I feel the need to say “Enough” here. The stark reality is that we have to ensure that we are taking the lead of brilliant organisations such as Stamp Out Spiking and Spike Aware UK, so that young people have all the tools in their armoury to be protected as they move into adulthood.
I have a final message for the Minister. I have absolutely no doubt that he will be encouraging and positive about this issue, because he is a good Minister and understands how important it is. He will have heard the strength of feeling across the Chamber on the need for specific legislation. I look forward, with my fingers crossed and my hopes high, to exactly that. My final plea, which I have made to a number of Home Office Ministers over many years, is that we must look at RSHE as an opportunity to equip young people with better skills to lead their adult lives. I know that the Minister will pass on this message to the safeguarding Minister: please play an active role, by working with the Department for Education and the myriad other Departments that touch the lives of young people, in ensuring that the RSHE review is fit for the 21st century, in the same way that we should have a piece of legislation on spiking that is fit for the 21st century.
My hon. Friend makes an excellent point, which I know will have been heard by my hon. Friend the Member for Newbury. As he knows, she will be looking at the many comments made this afternoon and indeed over recent months before publication of the report, which is due out very soon.
Officers can also carry out licensed checks on taxis, bars and clubs and can work closely with welfare organisations and help venues to step up their own security efforts, such as increasing searches. The story that my right hon. Friend the Member for Romsey and Southampton North told us about her daughter, who would have been left on the street had her friends not intervened, demonstrates that extra training is necessary, because the idea of dealing with a situation like that by abandoning a young woman outside strikes me as extremely unwise, to put it politely, positively dangerous and—I should be cautious of my words.
Many venues have given extra training to staff to ensure that all reports of spiking are logged and reported immediately. This is not an exhaustive list of the activity that is being mounted to tackle the threat, but as the examples I have mentioned demonstrate, there is a real focus across the system on gathering intelligence, identifying perpetrators and protecting people around our communities. The Home Office continues to manage cross-Government work on spiking with an emphasis on practical action that can deliver real and lasting improvements. Some of the interventions targeted at tackling spiking include bystander training programmes, taxi monitors, CCTV, street lighting, drink protectors and educational training for the night-time economy staff.
In April 2022, following expert advice from the Advisory Council on the Misuse of Drugs, the Government reclassified the so-called date-rape drug GHB and two related substances from class C to class B under the Misuse of Drugs Act 1971. Through “Enough”, which my right hon. Friend the Member for Romsey and Southampton North has mentioned, the Government’s national behaviour change campaign for tackling violence against women and girls, we have rolled out spiking-specific communications and campaign activity at summer music festivals and universities across the United Kingdom. I am very glad to hear that it is being picked up and used appropriately.
I thank the Minister for giving way on that specific point. Music festivals—great. University freshers week—great. Will he work with his wonderful colleague at the Home Office to see whether we can have a roll-out to younger age groups, too?
My right hon. Friend pre-empts me. I was just about to say that this is not a crime that begins at the age of 18, a point that she made so powerfully. I am sure that our hon. Friend the Member for Newbury will be extremely interested in hearing about this and will no doubt take it up with the Department for Education to make sure that we co-ordinate action in the best possible way and get the right response in order to protect young people.