Spiking Incidents: Prevention

Debate between Cherilyn Mackrory and Richard Graham

Wednesday 11th January 2023 Westminster Hall

[Richard Graham]

The hon. Member makes good points. I was going to mention this as the first point that was constructive in the Minister’s letter. To be fair to the Home Office—this is the first constructive point in the Safeguarding Minister’s letter—it has

“supported Universities UK and the Department for Education to provide guidance to universities on spiking published ahead of the Autumn term and the ‘freshers’ period.”

That is precisely because of the point the hon. Member made about the sharp increase in spiking before term started in 2021. That is a positive.

It is also positive that the Minister has proposed, subject to consultation, amendments to section 182 of the Licensing Act 2003, which

“could include explicit reference to spiking, providing a government definition of the crime, highlighting the existing offences which can be used to prosecute incidents of spiking including examples of spiking”.

She suggests that the Government could also direct licensing authorities to send a strong and explicit message that

“no matter how you spike someone…it is against the law.”

I agree. That is exactly the message that we need in law through a simple amendment to the Offences Against the Person Act 1861, so why do the Minister for Safeguarding and the Home Office not get it?

The letter then puts out various straw man arguments, which I will deal with in turn. I place the first point the heading, “Existing offences coverage”. The letter goes into considerable detail and concludes that

“all methods of spiking are already covered within the current legislation.”

It highlights section 24, which includes a crime described as

“Maliciously administering poison, &c. with intent to injure, aggrieve, or annoy any other person.”

That could cover, the Minister argues, a potential gap regarding spiking done “for fun”. Personally, however, I believe that proving an intent to annoy could be easily met by the defence, “I didn’t mean to annoy or upset”. Should we not recognise that spiking is, at the least, annoying, full stop, without prevaricating about it? Most importantly, cannot all of these sections of the 1861 Act be grouped under a single, compelling umbrella statement very similar to that proposed for the guidance to the night-time economy?

I place the second point under the heading, “Absence of the word spiking in law”. The Safeguarding Minister recognises, while arguing that existing law already covers spiking, that there is currently no agreed definition of spiking. But she has also suggested that Government provide a definition for section 182 of the Licensing Act, so that point is already dealt with—the Government have already promised to provide that. She goes on to say that introducing a new offence would “overlap with existing offences”, but I am arguing that adding a grouping to include existing offences under the simple term “spiking” would do the job. We do not need a new offence; we need to amend existing law, not create a new law.

The Minister acknowledges that the law does not actually reference spiking, but she argues that, while it can be tempting to “reflect modern terminology”, effectively we should not do so. But we have done exactly that with legislation on upskirting, a term I am confident did not exist in 1861 any more than spiking by needle in nightclubs did. We do reflect modern terminology in law. We can do so and we should do so.

Thirdly, on the name of the offence, the Minister goes on to say that the general public

“believe that spiking is illegal, even if they cannot name the specific offence it comes under.”

If the first part of that were true, I doubt any of us would be here, nor would my and many other Members’ constituents—one victim is here today—be pressing us to action, such as Dawn Dines, founder of Stamp Out Spiking, and our police and crime commissioners and the police lead on this issue would not be saying that they believe action is necessary.

The second part of the Minister’s letter on naming the specific offence shows precisely why an amendment is necessary. The offence is known to the public as spiking, and that is what the law should reflect. Although the detail of a 162-year-old Act may be fine, the law can also play a vital role in behavioural change. An amendment reflecting modern language would do just that, making the law unambiguous, especially for a younger generation, who are largely the victims and sometimes the perpetrators of spiking offences.

Fourthly, on data collection, data is critical to understanding both why we need laws and what is happening in society. The Minister writes that a specific spiking offence would

“add to the existing offences…hence potentially confusing the data analysis picture further.”

But that is not what the Select Committee was told. I will quote from former deputy chief constable and lead for drugs at the National Police Chiefs’ Council, Jason Harwin, who highlighted to the Select Committee that it is near impossible to get reliable data on drink spiking, saying:

“A challenge is that if it goes on to a second offence—rape or other offences—the original offence that could be linked to spiking, while recorded, is no longer identified in terms of how we flag it within our records.”

In answer to a question from the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) about a specific criminal code for spiking helping, he said that

“we cannot get the data together as quickly, because it might be spread over a number of offences.”

He went on to say:

“The reality is we cannot readily connect offences or offenders straight away”,

and that having a separate offence—effectively, as I would call it, an umbrella offence—

“would help us identify the picture quickly now.”

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

One of the arguments I have heard about them not needing a separate offence is that section 61 of the Sexual Offences Act 2003 makes it an offence for somebody to administer a substance to, or cause it to be taken by, another person without their consent and with the intention of stupefying or overpowering them to enable that person to engage in sexual activity with them. Could my hon. Friend comment on how his proposed offence is different? I would be grateful for further clarification.

[Richard Graham]

My hon. Friend makes a very important point. The other aspect of the offences that we are dealing with is committing the offence for sexual gratification. That has undoubtedly been a driver in many cases. I do not have the data to hand, but other colleagues may be able to recall how many instances of rape there have been that started with a spiking offence. In fact, a Government adviser on some of these issues was herself both spiked and raped. This is close to home, and my hon. Friend is absolutely right to highlight that.

Environment Bill (Sixteenth sitting)

Debate between Cherilyn Mackrory and Richard Graham

Committee stage & Committee Debate: 16th sitting: House of Commons
Tuesday 17th November 2020 Public Bill Committees

[Richard Graham (Gloucester) (Con)]

I beg to move amendment 200, in clause 76, page 68, line 17, at end insert—

“(ca) the water quality and impact of the discharges of the undertaker’s drainage system and sewerage system,”.

This is a probing amendment, tabled in the name of my right hon. Friend the Member for Ludlow (Philip Dunne), myself and others. The last amendment I tabled proposed to change one word and add one letter to the Bill’s proposed environmental improvement plans. This probing amendment adds 16 words to a subsection on drainage and sewerage management plans. Both amendments have in common the shared interests of our environment and us as beneficiaries of that environment.

Amendment 200 focuses on drainage and sewerage management plans. It is an uncomfortable fact for us all that a huge amount of raw sewage is still discharged into our coasts and waterways—200,000 times in the last year, with 3,000 discharges in UK coastal waters between May and September—all of which threatens the quality of the water itself and water users. It is for that reason that 40,000 people signed a petition to end sewage pollution. My right hon. Friend the Member for Ludlow was motivated to initiate a private Member’s Bill, which will be heard in the House in due course, and to table this amendment to the Environment Bill.

Surely it is the aim of all of us to stop discharges into rivers, lakes and waterways, as well as into our sea, and to raise our current rating within Europe—although we are leaving the European Union, we are still a geographical part of Europe—from 25th out of 30 for coastal water quality. Only 16% of our waterways meet good ecological status.

Why does that matter for all of us, as users? Ultimately, there are health risks—gastroenteritis, ear, nose and throat illnesses, and apparently even, although I have not seen evidence, hepatitis and E. coli. Those of us who enjoy wild water swimming—in the River Wye, for example, on the Gloucestershire-Herefordshire border—will know that there are times when agricultural companies are pumping discharge into the water and damaging its quality and the experience, particularly for the young.

[Cherilyn Mackrory (Truro and Falmouth) (Con)]

My hon. Friend is making an important point. Does he agree that we need a change in when water companies give notifications of sewage outlets, particularly around the coastline, such as in my constituency and around the Cornish coast? Currently, they do it only in what they call “bathing months”. With better equipment and better wetsuits, we now swim all the year round off the Cornish coast. We have no way of knowing—unless we know that these things happen after heavy rainfall—whether the water is safe to bathe in.

[Richard Graham]

My hon. Friend makes a striking point. From a human perspective, Cornwall is probably the most used bit of coastline in our United Kingdom. The pressures are considerable and the point that she makes about more people swimming and surfing all year round is important. The restrictions should not just cover the traditional swimming months of May to September. I am sure the Minister will address that point.

Alongside a duty on water companies to ensure that untreated sewage is no longer pumped into the seas, the amendment would tackle a series of other actual and potential issues—for our water quality has implications across the whole ecological system, from plant life to fish stocks, as well as the health of the population. Our surface, coastal and ground waters suffer from significant pollution, as I have illustrated, and they also take that pollution into our seas and oceans. The Government have not made as much progress as we would have liked on meeting the targets established under the EU water framework directive, and the Bill is a step towards making significant improvements.

While diffuse pollution from agriculture, as I illustrated with the River Wye, accounts for 40% of river pollution, wastewater from sewage treatment accounts for almost as much, at 36% of river pollution.

Environment Bill (Second sitting)

Debate between Cherilyn Mackrory and Richard Graham

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 10th March 2020 Public Bill Committees

[Cherilyn Mackrory]

Q Does that mean that there is an opportunity there for the sector to up its game a little bit in how it demonstrates, particularly to people at a parish council level, how they can enhance the natural environment? I am thinking particularly of more rural areas, where you have developments going up on the edge of a village. That can be very contentious, as I am sure you are aware, but if developers were given the opportunity to say, “Because of this legislation, we are now going to do this,” do you think that would potentially help those relationships?

Rico Wojtulewicz: Yes, in a perfect world, but not always, because local parish councils perhaps become set in their ways in believing that a particular thing will damage their area. A great example that you mentioned there is building on the edge of a village. We would love to be able to build on the edge of a village. Unfortunately, opposition from parish councils is so strong that many developments end up going quite far away from the parish. Then people say, “Now we don’t have the right infrastructure in place.” That is because if you are building, say, 20 homes in a community, you may get more opposition than if you are building 200 on the outskirts.

So, yes, while that could be the case, it has to be about accepting that developers are trying to do the best thing, and not simply about having extra regulations or extra ideas put on top of them. When you go back to the beginning of the planning process, we already have the issue whereby 30 homes can take three years to get permission, and 500 homes three miles away might take six months. You think to yourself that you want the homes and you want more dense communities so you can use these bus services, and maybe even train services, and you get better commercial opportunities, but you are not really understanding the process for that. So, yes, hopefully.

[Richard Graham]

Mr Wojtulewicz—if I have pronounced your name correctly.

Rico Wojtulewicz: Perfect.