Spiking Incidents: Prevention

Richard Graham Excerpts

Wednesday 11th January 2023 Westminster Hall

[Richard Graham (Gloucester) (Con)]

I beg to move,

That this House has considered the prevention of spiking incidents.

It is very good to have this debate under your chairmanship, Ms McVey. It is also good to see colleagues present, including recent former Home Office Ministers from several parties, despite competition from Select Committees and other vital business of the House.

The truth is that it should not have been necessary to have this debate. I do not intend to run through all the evidence showing why spiking is such an increased modern risk, particularly to young females and particularly in the night-time economy, because that is all on the record, including in Home Affairs Committee papers and in my ten-minute rule Bill on spiking offences, which I promoted almost exactly a year ago.

I will briefly mention, however, recent findings, the most striking of which are the data presented by the National Police Chiefs’ Council. For the year from 1 September 2021 to 31 August 2022, it has recorded 2,581 reported cases of spiking by needle; 2,131 reported cases of spiking by drink; and 212 reported cases of spiking by other means, particularly food. That is a total of almost 5,000 reported cases for the last year on record, and if that is not an indication of how serious this issue is, I struggle to understand what is serious.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I am extremely grateful to the hon. Gentleman for his work on this very important issue. Following the announcement that he had secured this debate, I received a message this afternoon from the police and crime commissioner for Dyfed-Powys, Mr Dafydd Llywelyn, informing me that the number of spiking incidents has been increasing over the last few months.

[Richard Graham]

I am grateful to the hon. Gentleman for that intervention. He and his Plaid Cymru colleagues epitomise why so many of us from all parties in the House are concerned about this issue, despite the problem of data collection, which I will come on to.

Let me now give a tiny bit of context. After I promoted my ten-minute rule Bill almost a year ago, a Home Office Minister promised me that the Department would research this issue and come back to me. By the way, very similar promises were made to the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who is with us in Westminster Hall today. That feedback has now come, but last autumn Ministers were intimating that they were working on a positive solution to confirm that spiking or any attempt at spiking is illegal, and that this simple amendment to existing law would provide a very clear message in words that the nation could easily grasp.

[Vicky Ford (Chelmsford) (Con)]

I thank my hon. Friend for all his work on this issue. Chelmsford has a very busy night-time economy and I was really concerned to hear before the end of last year about experiences that many young women have been reporting online about spiking in one Chelmsford nightclub. I visited the club and I was really pleased that it had put in CCTV and a lot of other things to keep women safe. It is important, however, that spiking is clearly recognised as a criminal offence, so I want to put on the record my support for this campaign. Also, I encourage anyone who has been a victim of spiking to come forward quickly, so that evidence can be gathered and the perpetrators held to account.

[Richard Graham]

I am grateful to my right hon. Friend, because she has said what I think many Members of this House are saying. Indeed, I know that the daughter of one colleague has been spiked and that a Minister has been spiked, so this is something that, unfortunately, is not remote from us at all. It has happened to people in this House, it has happened to their families and it has happened to our constituents. That is why I was so encouraged when Ministers were saying last autumn that there was a positive solution within their grasp. I believe their intention was to come back very early this year with a specific proposal, but, alas, that has not come to pass.

Instead, the Minister for Safeguarding, my hon. Friend the Member for Derbyshire Dales (Miss Dines), who is not in her place because she is attending a Select Committee hearing, has written to me and the right hon. Member for Kingston upon Hull North, whose Committee has done such valuable research on spiking, which I will come on to. The Minister’s letter was six dense pages of argument that amounted to two letters: no. In almost 13 years as an MP, I have not read such an extraordinary letter. The Minister in attendance is the Minister for Security, but, to be frank, his portfolio has the least relevance to spiking. He should be focused on major threats to the nation, such as terrorism. I am sure he is grateful for this hospital pass. For his sake, it is relevant to comment on the letter. The Select Committee has today put in the public domain, so other Members may not yet be aware of it.

Let me first say what is helpful in the letter to those of us concerned about the prevalence of spiking, the lack of knowledge about relevant law and the lack of data about instances of spiking.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

After the pandemic, the first students to return to university in my constituency saw a huge increase in spiking—both of young males and females, and both by needle and in drinks. West Yorkshire Police responded by buying testing kits because they had no evidence base at all. Surely part of the solution is that all police forces should have testing kits and test in all incidents, so that we can collect data. We are not getting very far with prosecutions under the current law, because there is no evidence base.

[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.

[Caroline Nokes (Romsey and Southampton North) (Con)]

That leads on to the very important point. It is not just women; in an increasing number of instances, it is young men who are being spiked in order to gain access to their bank account. They are sometimes robbed of many thousands of pounds. Trying to link this offence to sexual offences only would provide even less clarity. The spiking could take place for the purposes of entertainment, robbery or some other reason, so we cannot link it to sexual offences only.

[Richard Graham]

My right hon. Friend has made two correct points. First, it happens to men as well as women. When I promoted my ten-minute rule Bill, I highlighted the unfortunate case of a Christian Indonesian in Manchester, Mr Sinaga, whose videos later revealed to police 58 cases of men being sexually assaulted. Many of those men did not know they had been sexually assaulted until the police showed them the video evidence. My right hon. Friend is absolutely right on that point. Her second point, on spiking taking place for all sorts of reasons, including that of entertainment—“It’s cool, it’s fun, it’s a dare”—is absolutely valid. That is why we need to ensure that any attempt to spike, or any spiking act, is completely illegal, whatever the motive. She is right to highlight that point.

I will finish on the question of data collection, with a quote from the response of the Association of Police and Crime Commissioners. It was given in response to the Home Affairs Committee report by the joint leads for the APPC’s addictions and substance misuse portfolio —one is from Durham and the other from Dorset—who said that

“we agree that the creation of a separate criminal offence for spiking would send a clear message to perpetrators that this behaviour is not acceptable and could encourage victims in coming forwards to report incidents.”

That is critical. I know from my constituent Maisy that a lot of young people who have been spiked do not, for various reasons, want to come forward to report the incident. They are frightened of the repercussions and do not believe it will necessarily get anywhere. I believe that the almost 5,000 reports that I mentioned earlier is almost certainly an underestimation of the volume of incidents.

[Nadia Whittome (Nottingham East) (Lab)]

The hon. Member is making an excellent speech and I thank him for the huge amount of work that he has already done on this issue. Does he agree that women in particular are tired of being told that it is our responsibility to protect ourselves from male violence, and that we have to be careful where we go, how much we drink, use anti-spiking straws or even flag down a bus if worried about being victimised? Does he agree that it is time to focus on the perpetrators and on educating men, tackling the root cause, which is misogyny, and actually prosecuting crimes?

[Richard Graham]

The hon. Lady makes a very good point, although, as we have heard, there are young males who are also victims of spiking. As a father, when my daughter was young and first going out to nightclubs, I advised her to be very cautious. I gave her a list of things she could do to reduce the possibility of inadvertently getting mixed up in spiking and all sorts of other things. The hon. Lady is right to highlight that we should be focusing on the perpetrators and where the problem is, which is why it is so important to have spiking as an overall offence. She is right to say that this is not in any way about telling young women that they cannot go out and have a night of fun.

That leads me on to the next point I want to highlight from the Minister’s letter, which is about violence against women and girls. The Minister writes that the Government are focused on practical rather than legal action, and goes on to list various funding streams for VAWG initiatives. I believe that all of those are important, but they miss the specific point. I, my constituent Maisy, her mother Rosie, so many other constituents of colleagues here—including the hon. and learned Member for Edinburgh South West (Joanna Cherry), who sent me a case from her constituency—the Stamp Out Spiking group, which is represented here today, and many other colleagues who are not able to be here but would have wanted to, all want to see legal action as well as practical action in the form of a simple amendment such as I outlined earlier.

Such an amendment would also be very practical, I believe. It would enable media, social media, local government authorities, police, licensed victualling associations and nightclub managers to say, absolutely correctly and for the first time, that spiking is a named legal offence—that those who even attempt to do it might be cautioned or prosecuted, and might therefore be convicted of a criminal offence, which would seriously damage their chances of keeping or winning a job. I believe that will be very powerful, particularly for students. That message, clear and unambiguous, is what I believe the law should say, not just as guidance to the night-time economy managers but to everyone. It can be done through a simple amendment, which Government and parliamentary lawyers will be able to quickly come up with. I believe work was already being done on that by previous Ministers. It will add to the commitment made by the Prime Minister and this Government to reducing violence against women and girls, as well as affected males—a point that was made earlier by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes).

So, Minister, will this Government see the light, recognise the value of a simple amendment—not a new law; I get the point on that—and recognise that it is both desirable and necessary to get the message out there? This Government and Parliament could be the ones that make spiking completely illegal for the first time. I believe that other Ministers understood that, and I call on Ministers at the Home Office today to finish the job, and avoid the need for further debate and my wasting their precious ministerial time again. That is the challenge today, and I hope very much that the Minister and the Department will rise to it.

[Esther McVey (in the Chair)]

There are a great number of Members wanting to speak in this debate, so I will have to impose a maximum limit on speeches of three and a half minutes, to allow everybody to get in. I will remind people of the times. I will call the Front Benchers just before 3.40 pm, to allow Richard Graham to wind up at about 3.58 pm. I also want to mention that there could be a vote; if so, I will suspend the sitting for that.

--- Later in debate ---

[Richard Graham]

I believe that today the Government have heard a very clear message from colleagues from five different parties that something more should be done in law about spiking. I accept that we do not need a new and separate law, and I think most other Members do too, but I also believe that the Minister has registered the strength of feeling about our arguments for amending the existing law to include the offence of spiking in all its different forms.

I thank all colleagues who came and spoke in the debate, some of whom are not here now, understandably. I am particularly grateful for the contributions from the former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel); the former safeguarding Minister, my hon. Friend the Member for Redditch (Rachel Maclean); the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson); my constituency neighbour, my hon. Friend the Member for Stroud (Siobhan Baillie), who rightly highlighted the good work done by our police and crime commissioner in Gloucestershire; the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans); and the hon. Member for Strangford (Jim Shannon). They all raised different issues, and the hon. Member for Bolton South East (Yasmin Qureshi) made a particularly important speech.

The point of everything that was said in today’s debate is that we have all spoken with one voice in order to represent the thousands and thousands of people across the country who have been spiked. Although some of them are men, they are mostly young women, such as my constituent Maisy Farmer and Lorna Street, who is in the Public Gallery. Many victims have not reported their cases and their hurt, and we have therefore given them a voice today.

We also heard from the Minister that the door is open a fraction, which I appreciate. I believe—I hope that colleagues will join me—that we must now do what we can to push that door further open and reach the success of an amendment.

[Esther McVey (in the Chair)]

Order.