Crime and Policing Bill

Emily Darlington Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

[David Mundell]

Given the strictures on time, I had better not.

Previous Ministers said that there was no need for specific legislation on spiking, because it was already covered. Campaigning, including by your colleague, Madam Deputy Speaker, the First Deputy Chairman of Ways and Means, the hon. Member for Bradford South (Judith Cummins), and by my former colleague, Richard Graham, demonstrated that there was a need for a specific measure, and that if we are going to have a specific measure, it needs to bring certainty.

Part of that certainty is for the benefit of the police and others. The police should know that that reckless behaviour is also a crime, and there should not be any dubiety when they arrive at a venue to find someone in a partially conscious state or unable to articulate what has happened to them. It will also allow campaigning to be clear that whatever the circumstances, a drink is spiked or a person is injected, and that is a crime. Amendment 19—or perhaps another amendment that the Government might bring forward in the other place—would bring clarity, which is important. That is what we need to bring about. As the hon. Member for Hitchin said, that can lead to the greater training of the police and NHS workers to be able to support people in a spiking situation. I hope the Minister will reflect on everything that has been said today.

The final point I will make relates particularly to Scotland. We need to have a common approach across the UK; it should not matter whether somebody is spiked in Glasgow, Manchester or Cardiff. That is not to disrespect the devolution settlement and the different approaches of the criminal justice system. The effect and the impact should be the same wherever people are, and the criminality should most certainly be the same, whether the behaviour is intentional or reckless.

[Emily Darlington (Milton Keynes Central) (Lab)]

In the interests of time, I will skip through the many amendments I want to support, but there are a few that will really make a difference to people in Milton Keynes Central.

First, I reiterate what my hon. Friend the Member for Bassetlaw (Jo White) said on street racing. Unfortunately, we had a Formula 1 driver who said that his success was based on practising on the grid roads of Milton Keynes, which really encouraged loads of people to decide to race there.

In terms of stalking and spiking, the most egregious bit of spiking for me is the premeditation—sourcing the materials, bringing them to the venue then using them on a person. That is not a crime done on the spur of the moment: significant premeditation comes into it.

One of the major issues we have had in Milton Keynes is organised begging outside our shopping centre. It is organised by gangs. People often look like they are homeless, or they are assumed to be homeless by caring residents in Milton Keynes, but in reality they are housed by the council, and they are exploited. They have a rota for which corner or which shop they can each sit in front of during which period of time, and the majority of the proceeds that people donate go to an organised crime network. Those individuals are being exploited in other ways as well. New clause 53 is so important in addressing this issue as the real, true crime that it is—not the crime of the people begging but of those organising the begging.

I also rise in support of new clause 55, which is on special measures for witnesses, particularly around youth justice. That is very important. As we heard from my hon. Friend the Member for North West Cambridgeshire (Sam Carling), many people who experience sexual abuse do not come forward for years and years, so new clause 59, which would remove limitations, is really important.

Let me address a couple of other things in the Bill. My hon. Friend the Member for Bolton North East (Kirith Entwistle) made such an important speech considering domestic abuse, and she explained it very well. New clause 71 is about barred persons not having employment in law enforcement. We must recognise that, following the case of Sarah Everard, confidence in law enforcement is at an all-time low. When people call law enforcement because they have experienced domestic abuse, sexual harassment, rape or stalking, they are at their most vulnerable and they need to know that the people responding to those incidents—no matter which law enforcement service—will treat them according to the law, and not with some of their own natural biases, as we have seen.

That brings me to my final point. In terms of confidence in policing, we need to ensure that all law enforcement is done with clarity of law, not because of particular campaigning, as we have seen with the enforcement of the Offences Against the Person Act 1861, which we will debate later.

[Luke Taylor (Sutton and Cheam) (LD)]

I was incredibly fortunate to sit on the Bill Committee considering this legislation. It is clear that, although opinions differ on details, we all share a common goal of tackling crime in a meaningful way, so that we can make people feel safe in our communities again.

As a community-focused liberal, I have stated many times that keeping people safe and instilling safety in our neighbourhoods are some of the most powerful ways that we can foster strong communities and improve the quality of life and freedom of opportunity that everyone in our country should enjoy. I am grateful to the Government for their willingness to engage with the points that we all made in Committee, particularly to the Under-Secretary of State for the Home Department, the hon. Member for Birmingham Yardley (Jess Phillips), and the Minister for Policing and Crime Prevention, the right hon. Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson). Despite several productive conversations, it is frustrating that several important additions to the Bill were rejected by the Government in Committee.

For that reason, I rise to speak in favour of several new clauses before us. Although several of the measures closest to my heart—those regarding community policing, knife crime and stalking—are not before the House today, there are several pressing new clauses that I feel I must speak to. They pertain to what should be fundamental rights in our country: the right to freedom from oppression, and the right of access to proper healthcare for women. I congratulate the hon. Member for North West Cambridgeshire (Sam Carling) on the courage he demonstrated in his speech earlier, and encourage the Government to consider the measures he spoke to if they come back from the Lords, if not to consider them beforehand.

I start by expressing my support for amendment 19, which deals with spiking and was tabled by the hon. Member for Isle of Wight East (Joe Robertson). Spiking is a horrendous offence—a deeply violating act of harm and potential exploitation that must be treated with the utmost seriousness. In Committee, we heard evidence from Colin Mackie, who is the chair and co-founder of Spike Aware UK. Colin gave important evidence for the Committee to consider, indicating that spiking offences can often be intended as pranks, rather than intended to cause harm. His son Greg died in a suspected drink-spiking incident in a club, and Colin has since campaigned alongside Greg’s mother Mandy for a change in the law to stop similar incidents from occurring.

I also thank the hon. Member for Hitchin (Alistair Strathern) for raising broader concerns about spiking. I agree that further measures need to be introduced, including A&E awareness, so that testing takes place, further evidence can be gathered and a conviction can be secured. Amendment 19 is a sensible and necessary clarification of the law. It makes clear what seems painfully obvious: that what matters in spiking cases is not the nature of the intent, but the recklessness and callousness of the act itself. I encourage Members across the House to support the amendment when we vote.

I am also pleased to support amendment 160, as well as related new clauses 92 and 93, which we will discuss tomorrow. Taken together, these amendments create vital safeguards around the right to protest; they would subject facial recognition technologies to the proper scrutiny of a regulatory framework for the first time, and would enshrine the right to protest. From many people in my constituency of Sutton and Cheam and from campaigning groups such as Liberty, I know that these measures are long overdue, and will provide much-needed clarity to police forces as they use new technologies to fight crime. Police forces themselves are asking for these measures, and I am looking forward to a briefing later this month from the Minister on that subject. In particular, I remind the House that Hongkongers in my community are deeply worried about the impact of unregulated use of facial recognition technology on our streets. They fear that, if compromised, such technology could provide a powerful tool to the Chinese Communist party in its transnational oppression of Hongkongers here on our streets in Britain.

We know that facial recognition technology can be a powerful tool for police forces as they try to keep us safe, but as with any new technology with great capacity to infringe on our liberties in daily life, it must be properly regulated. Liberal Democrats have a proud tradition of standing up for those civil liberties, arguing that we must never throw them away or sleepwalk into surrendering them. Amendment 160, which the Liberal Democrats have tabled, is rightly in that tradition. It would make sure that facial recognition technology cannot be used in real time for biometric identification unless certain conditions are satisfied, such as preventing or investigating serious crimes under the Serious Crime Act 2007 or public safety threats such as terrorist attacks, or searching for missing, vulnerable people. It would also make the use of such technology subject to judicial authorisation, with a judge needing to approve its use and appropriately define its scope, duration and purpose. These regulations would allow for safe use of this important tool, protecting our civil liberties while keeping us safe from crime.

--- Later in debate ---

[David Smith]

I am afraid I am going to make some progress.

In 2024, according to Government statistics, there were a quarter of a million abortions. If only 1% of them took place as late-term abortions, that would mean 2,500 late-term abortions a year. We also risk the rise, once more, of backstreet abortions. Imagine a scenario in which a woman knows that she cannot now be prosecuted under the law for a late-term abortion, but for some reason wishes to go ahead with one, or is pressured into it. Surely at this stage she is more likely to get hold of pills by post—which are not considered safe to take outside a clinical context after 10 weeks—by pretending to be under the legal limit, to undertake a dangerous procedure on herself, or to seek to procure an off-the-books abortion.

[Emily Darlington]

Will the hon. Gentleman give way?

[David Smith]

I will make progress.

The new clauses seek to address a perceived problem of police actions that were over-zealous in a handful of cases by making a fundamental change to abortion law that would put more women at risk while also risking the lives of infant children.

[David Smith]

I absolutely do agree that the vast majority of women are doing the right thing, but I do not believe that we can cover all eventualities through such a fundamental black-and-white change in the law.

The real problem is that the temporary pills-by-post abortion scheme brought in during covid, which does not require in-person appointments, has been made permanent. That is why I added my name to new clause 106. In-person appointments would remove any doubt about the gestational age of a foetus within a narrow range, and massively reduce the likelihood of successful coercion, which is something I have seen throughout my work, as I have mentioned. This would consequentially remove the possibility of egregious police overreach, which I know my hon. Friends are so concerned about.

[Emily Darlington]

Will my hon. Friend give way?

[David Smith]

I am just coming to my conclusion.

The choice for Members is very clear—indeed, stark. It is to approve the biggest change to abortion law in 58 years while, I believe, making things worse for women and their unborn children, or to solve the problem of criminal justice overreach by reinstating in-person appointments for abortion. This is clearly a very difficult subject, and I just feel that amending this Bill is not the right way to go about such a divisive and emotive change, but I will leave it there.

--- Later in debate ---

[Julia Lopez]

I was also expressing my concerns about other amendments that have been tabled, but I believe the hon. Member is none the less proposing a substantial change that deserves more than a two-hour debate among Back Benchers.

As MPs, we are not here simply to express our opinions of an ideal world or even to focus only on highly distressing cases; we are legislators, and no greater legislative duty exists than to make sure that what we do in this House does not lead to unintended consequences in the real world for the most vulnerable. In two hours of debate on a Tuesday afternoon, we are being asked to rewrite a profound boundary in British law that protects the unborn child. That is not responsible lawmaking; it is a procedural ambush. It is telling that not even the promoters of decriminalisation in this House can agree on the form it should take. That ought to make each one of us pause, because it speaks to the challenge of moving beyond principle to real-world application.

It is worth our recalling previous efforts to amend Bills in this way and their consequences. The temporary pills-by-post scheme brought in during the crisis of the pandemic was made permanent by an amendment hooked, with little notice, on to an unrelated Bill, and what have we seen since? We have seen women accessing pills under false names and gestational dates, and taking them far beyond the recommended 10-week limit, and viable babies have been lost after late-term abortions. That is not women’s healthcare; it is legal and medical failure.

[Emily Darlington]

Will the hon. Lady give way?

[Lola McEvoy]

Will the hon. Lady give way?

--- Later in debate ---

[Tom Hayes]

I thank my hon. Friend for that really powerful intervention. I completely agree. If in this place we can do one important thing today, which is to send a signal that we wish to alleviate that pain, then we should do it.

[Emily Darlington]

Is my hon. Friend aware of the fact that it is impossible medically to determine whether somebody has had a miscarriage or has used abortion pills, so the cases these women do not have a scientific or medical basis, only suspicion? If we really wanted to protect the woman, we would make sure that she had the right advice and the right medical support throughout her pregnancy.

[Tom Hayes]

I thank my hon. Friend for that intervention. I do agree, and it takes me to the points made by my hon. Friend the Member for Ribble Valley. She talked about how, over many years, women have been denied access to the healthcare, advice, guidance, childcare and other infrastructure that is so critical to a woman’s quality of life. We need to end that, full stop.

That takes me to another point, which relates to new clause 106. I listened to the mover of new clause 106, the hon. Member for Sleaford and North Hykeham (Dr Johnson), and to those on the Opposition Benches making cases in support of it. I am afraid I do not agree. There is nothing in the clinical evidence available to support the new clause. As somebody who ran a domestic abuse and mental health charity for five years before I was elected, I am very painfully aware of the trauma and difficulties that women who have been domestically abused will go through, and I do not want them to feel, on top of that, shame and trauma about trying to access abortion services. It is important that we think about those people.

I forget who it was on the Liberal Democrat Benches, but they made a really important point about poorer people who are unable to access transport links to access clinics. There was a really important point about our infrastructures being broken down, such as bus connectivity. That is the legacy of the past 14 years, but it is a legacy we must none the less contend with or women will be impeded in their access to abortion services as a consequence.