Criminal Justice Bill

Richard Graham Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Richard Graham (Gloucester) (Con)]

There are so many things in this important Bill on which it would be a great pleasure to talk, but you will be relieved to hear, Madam Deputy Speaker, that I wish to focus my remarks on the amendments in my name.

Earlier this morning, I met two of my constituents and two people who live about a mile outside my constituency. I pay particular tribute to Hilary and Henry Stinchcombe. Hilary’s daughter and her daughter were murdered by Hilary’s daughter’s husband some years ago on the edge of Gloucester. What that family has been through, as they said today, reminds them, me and everyone here of how incredibly important it is that criminal justice Bills address some of the most horrific crimes that anyone can go through.

I am grateful for the Government having done so much work on this issue. I am particularly grateful, speaking primarily to amendments 32 to 41 in my name, for having had so much help from so many colleagues, whether they are the 23 Members who have signed the amendments or the 43 Members who have spoken in two debates and accompanied me in two ten-minute rule Bills, or whether that is the terrific support given by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who led a Home Affairs Committee investigation into spiking and has given me a huge amount of moral support.

Spiking is an entirely cross-Bench, cross-party, cross-everything issue. It is important, because a bit of legal history is being made. It will be the first ever appearance of the word “spiking” in draft law. In the year to August 2022, which I think is the latest data, the National Police Chiefs’ Council recorded just under 5,000 reported cases of spiking, divided almost equally into cases by needle and drink, with a much smaller number of other reported cases, primarily from food. That is why this change matters so much. Anyone who does not believe that the word “spiking” deserves to be in law is missing a point that is much bigger than any of us realise.

It has been a long journey, as the right hon. Lady alluded to. Following her absolutely correct observation that persistence is perhaps the No. 1 thing that any of us in this House needs to have if we want to achieve changes in legislation, she will be interested to learn that the Latin word “Prorsum” was the motto of HMS Gloucester. I take my inspiration from both the Latin and English word, and she is right to mention it. It has been a longer journey than Members from all parts of the House might have imagined from the size and scale of the data. There have been endless meetings with Home Secretaries, safeguarding Ministers, Justice Ministers, Select Committee members and other colleagues, and those have eventually led us here. It is almost three years since I first became aware of the importance of the issue—as so often happens to all of us, it was through a constituent—through the experience of my constituent Maisy Farmer and her mother Rosie.

What has made the difference to the atmosphere in which Ministers have been able to bring this forward in legislation? I have no doubt that the ebullient support and anecdotal evidence from Dawn Dines, the founder of Stamp Out Spiking, and the first-hand experience from Members such as my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) and my hon. Friend the Member for Mid Sussex (Mims Davies) have made a difference. Another factor is the fact that the actress who plays a spiked heroine in “Coronation Street” was comfortable to come and talk about the huge amount of correspondence she had from playing that role. There is also what others, such as the journalist Kate McCann, have been through and are now able to talk about. All these things have had their influence.

Today, we have the word “spiking” on the front page of the legislation, and that is above all because the Home Secretary and the Justice Secretary get it. In fact, they got it some time back. Because the safeguarding Minister, my hon. Friend the Member for Newbury (Laura Farris) has researched and done the detail, we are able to look at the specifics of the legislation being proposed.

Effectively, the Bill updates sections 23 to 25 of the Offences against the Person Act 1861 with clearer, modern, post-Sherlock Holmes language—by the way, I imply no disparagement of the great man or his casework successes. But that is exactly what I called for in our January 2023 debate because language matters, behavioural change is a valuable side-effect of legislation, and police records do need to show that spiking is the cause of both the primary and, sometimes, secondary offence. The former police drugs lead Jason Harwin specifically said that we need a spiking offence in law because that would help to identify the picture more quickly.

--- Later in debate ---

[Laura Farris]

I know that the amendment has not been selected, but I want to provide the hon. Lady with some reassurance on it, because we on this side of the House continue to think about the issues she has raised. She is aware of the Law Commission’s review of the defence of duress as it applies to murder. I want to provide her with an update and some reassurance that we will take the lessons that come out of that review, and consider it more widely, if appropriate, in alignment with the point that I think she made earlier in this debate.

On new clause 44, this is an important point between us, but the Government are resisting it not because there is any real dispute of principle, but because there is dispute of degree. There is a concern that by amending the wordings of sections 52 and 53 of the Sexual Offences Act, as so drafted, we could unnecessarily narrow the scope of section 52 as it has been applied in the criminal courts and potentially add an additional element to be proved in relation to section 53 that could make prosecution harder. We disagree not on the principle but about whether it will have the effect she is looking for. I did listen carefully to her speech and the way that she has presented the argument on previous occasions.

[Richard Graham]

The safeguarding Minister will have been briefed by my right hon. Friend the Minister for Crime, Policing and Fire on the exchanges across the House on the key issue of spiking, which will make its first ever appearance in legislation if the Bill is passed. I asked specific questions, which I would be grateful if she returned to. Although my amendments will not be pursued, it would be reassuring for everyone in the country if she said that the spiking clauses now injected will cover attempts to spike as well as proven spiking, and will apply to spiking attempts that may not be considered harmful in substance but are incredibly harmful to the people they humiliate.

[Laura Farris]

Yes, I can confirm that those inchoate offences—attempt offences—are all captured in the 1981 Act to which I referred in my opening speech.

On whether naming the offence of spiking will improve police record keeping, I say to my hon. Friend that it will absolutely do that. It will remove the discrepancy between what might have been called date rape under the Sexual Offences Act and what would have been recorded previously as a poisoning act under the Offences against the Person Act. For consistency in recording, we are very pleased to make the change.

[Richard Graham]

I thank the Minister for giving way again. On that specific point, she is effectively saying that the data collected by the police will now be collected under the umbrella of spiking, so we will have much better data and know how widespread the problem really is, which I think everyone will be reassured to hear. May I also thank her, the Home Secretary and the Justice Secretary for their fantastic and immediate support in getting this provision into the Bill, which I very much hope will pass through this Parliament before the next general election?

[Laura Farris]

It is not just the effect of the amendment that will improve police recording; one purpose of the amendment was to improve police recording and it will give, I hope, a much more accurate picture of the extent of the problem.

On the comments that my right hon. Friend the Member for Basingstoke (Dame Maria Miller) made regarding the creation offence related to deepfake images and intent, I will consider the point carefully. I would like to have further discussions on it.

Draft Investigatory Powers Act 2016 (Remedial) Order 2023

Richard Graham Excerpts

Tuesday 23rd January 2024 General Committees

[Tom Tugendhat]

I pay huge tribute in particular to Viscount and later Earl of Kilmuir, David Maxwell Fyfe, who was not only the first Home Secretary to have MI5 reporting to him rather than the Prime Minister, but one of the principal drafters of the European convention on human rights and a key individual in building the post-war order, in which British justice was used as the template for a new European convention.

[Richard Graham (Gloucester) (Con)]

Does this remedial order and its compliance with the ECHR worry or reassure allies with whom we share intelligence?

[Tom Tugendhat]

When we make it clear that the work we do, necessarily in secret, is supervised and checked against a legal basis, it hugely reassures our friends and partners. It assures them as well that we are not just a partner to be trusted, but a partner with which intelligence can be shared very freely, because of the clear legal oversight. This is a strong element in building the security and building up the trust that we need to keep our people safe. I commend the order to the Committee.

Question put and agreed to.

Tackling Spiking

Richard Graham Excerpts

Monday 18th December 2023 Commons Chamber

[Laura Farris]

I thank the hon. Lady for her question and for all her work on this issue. I think we are arguing on two sides of the same coin. We agree, without reservation, that there is a need to define spiking in law and that is what we are committing to do. Effectively, it could be viewed as an offence, which will enable people to report clearly and the police to record data in the way that I have suggested. Essentially, there is no particular difference between where the NPCC is and where we are on this issue. I hope that will satisfy her. I encourage her to have a look at the report itself. The ambition is very much to work with staff at every level. We are in no doubt about who the frontline responders are. Yes, festivals are a primary location, as are student campuses. Of course bar staff come into this. The direction of travel is absolutely to further their work in recognising and—ultimately, if our research goes further—perhaps playing a role in testing and supporting the police effort on this particular crime.

[Richard Graham (Gloucester) (Con)]

This is the best early Christmas present for thousands of our constituents who have been spiked and the many tens of thousands who worry that they may be spiked. It is testimony to the new safeguarding Minister that in my hon. Friend’s first statement to the House she has announced the updating and modernising of the Offences Against the Person Act 1861, which so many of us who have been campaigning on this issue believe is overdue. She has done this in the presence of both the Home Secretary and the Lord Chancellor, both of whose unwavering support on this matter I much appreciate. Will my hon. Friend tell the House when she believes it might be possible to start the process of training, when we might be able to expand the roll-out of the police reporting pilot project, and when we might expect to get an early report back on the results of the drink testing kit, which is so important to a successful implementation?

Spiking

Richard Graham Excerpts

Thursday 14th December 2023 Westminster Hall

[Richard Graham (Gloucester) (Con)]

I congratulate the hon. Member for Bradford South (Judith Cummins) on securing this debate, with the wholesome support of my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). It is worth noting—particularly for those who are watching the discussions from afar, or for those, including Dawn Dines of Stamp Out Spiking, who have come a long way to join us today—that although the room is not crowded, we have many supporters from all parties in Parliament. The fact that others have different things to do on a one-line Whip day is irrelevant to the importance of the subject we are debating.

It is now two years since my first ten-minute rule Bill on spiking; it is 20 months since the Home Affairs Committee report; it is one year since a debate in this Chamber in my name; it is six months since my second ten-minute rule Bill on spiking; and it is only a month since a new Home Secretary took up his position. Patience is a virtue, we are told, and so I believe. Today, with the Minister for Security in his place for a second time to hear a debate on spiking—the second time that spiking has momentarily taken over from his normal national security responsibilities—we may have a chance to take things forward.

Why do I say that? Why do I have more optimism than the hon. Member for Bradford South? Because the scale of the problem, which we have identified in several earlier debates of this kind, is even greater than we had imagined. We know that 5,000 cases of spiking were reported last year, we know that spiking is not an offence in its own right and therefore the police do not collect formal data on it, and we have already described that figure of 5,000 as being the tip of the iceberg, but that iceberg is even bigger than any of us imagined.

Last night, I was stopped by two researchers in Portcullis House, who thanked me for the work that I and others—some of them are here today and some are not—have been doing on spiking. I asked one of them what her experience had been. She described vividly the occasion when she had been spiked in London. She felt extremely ill, went to the loo and locked the door. She then passed out and lay on the floor of the loo for about four hours. She only knows that it was about four hours because later she looked at her watch. She never spoke about this incident to anyone in her family, or even to the man who is now her husband, and least of all to the owner of the establishment where she had been having a quiet drink with a friend. Of course, she has not mentioned it at all to the police.

That experience is absolutely not unusual; it is what has happened to so many people around the country. I came down to this debate in the lift with two other young researchers, both of them unknown to me; no doubt I was also unknown to them. I asked them if they had had any experience of spiking. One said, “No, but I’ve got several friends who have been spiked.” The other one said, “My sister was spiked and one of my best male friends was.” This is a very common thing, and it is not unique to females, although the vast majority of cases are against females. As one of them described it to me, the overriding feeling she has about spiking is that the aim, above all, is to humiliate.

That is where the element of violence against women and girls comes in, and—in answer to something the hon. Member for Bradford South said earlier—that is why the Prime Minister gets it. As the father of two young girls, he sees this absolutely as something that should worry every parent in the land. My hon. Friend the Member for Mid Sussex (Mims Davies), who is currently a Minister in His Majesty’s Government, has gone public with her experience of being spiked, and there are others here who have family members who have been spiked, including my right hon. Friend the Member for Romsey and Southampton North.

This is not unique to us in Parliament. That iceberg that I described a year ago is just massive. The emphasis therefore has to be on how we can find a way through some lawyers’ belief that this crime is already defined in different ways in law. We have been through this two or three times, and the Minister has been very sympathetic to the case that has been made.

Because we have a bit of time in this debate, it is worth highlighting those who are not here today but who have been so supportive. I have mentioned some Members who are in the room, but I also want to highlight my right hon. Friend the Member for Chelmsford (Vicky Ford), whose description of her own constituency’s nightlife stands alongside the description of the Leeds festival by the hon. Member for Bradford South. The hon. Member for Strangford (Jim Shannon), who has stood up for this cause all along the journey, described the experiences of his constituents in Northern Ireland, and my right hon. Friend the Minister has done work on an analogous incident. All that work is important.

We have heard examples in previous debates from my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory); from my right hon. Friend the Member for Witham (Priti Patel), a former Home Secretary who has been very supportive of the cause; the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) for the SNP; the hon. Member for Pontypridd (Alex Davies-Jones) for His Majesty’s loyal Opposition; and my hon. Friends the Members for Loughborough (Jane Hunt), for Hastings and Rye (Sally-Ann Hart), for Rushcliffe (Ruth Edwards), and for Hertford and Stortford (Julie Marson).

My right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), who was due to be here in a different capacity, highlighted on Second Reading of the Criminal Justice Bill the experience of his constituents Mandy and Colin Mackie, who created Spike Aware UK after their son, Greg, tragically died from spiking. There is an assumption that spiking is something that happens, and that the person feels very ill for perhaps 24 hours and then recovers. Mentally, I am not sure that they recover completely for a very long time. I am a strong believer, from what I and other colleagues have heard, that these things linger as a mental health and confidence-destroying issue for a long time to come. Certainly, physically, the assumption is that everybody recovers, but Greg Mackie did not; he died. I am sorry that my right hon. Friend is not here, but I wanted to mention that.

We also heard from my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) and my hon. Friend the Member for Stroud (Siobhan Baillie). The hon. Member for North East Fife (Wendy Chamberlain), who has experience of being in the police force, has been very supportive, and we heard from the hon. Members for Bath (Wera Hobhouse) and for Ealing Central and Acton (Dr Huq), my right hon. Friend the Member for Basingstoke (Dame Maria Miller) and my hon. Friend the Member for Keighley (Robbie Moore). The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) brought her experience of what has happened in Wales, alongside the Opposition spokesman, and we heard from the right hon. Member for Walsall South (Valerie Vaz) and the hon. and learned Member for Edinburgh South West (Joanna Cherry).

It is worth mentioning my hon. Friend the Member for Worcester (Mr Walker) because I was led to take up the challenge of spiking two years ago by my constituent Maisy Farmer, who was spiked while at university in my hon. Friend’s constituency. All those Members have made a huge difference. I ought to also highlight a former Safeguarding Minister, my hon. Friend the Member for Redditch (Rachel Maclean), whose support for this cause as a Minister and a Back Bencher has been equally resolute.

My point is that this is not a journey that involves only the half-dozen of us here today; it has very wide support across the House. If a researcher had the time and energy to talk to every Member in this House, we would have thick volumes of anecdotal evidence of cases of spiking affecting those individuals’ families, staff, friends and, above all, constituents. This is a major issue.

The reason I see more cause for optimism is that the Government have the opportunity to use the Criminal Justice Bill, which is in the Bill, to create a new offence of spiking that would define it for the first time, bring together elements of the 1861 Act and the Sexual Offences Act 2003, modernise the language, enable data to be collected, knowledge to be increased and best practice to be shared between police forces, and raise greater awareness in all levels of society and age groups. On Second Reading of the Bill, I raised the story of a colleague’s constituent, a 60-year-old male who was spiked, was raped and had his wallet stolen on a rare visit to London. This issue cuts across age groups, gender, ethnic heritage—everything. All our constituents will be better supported, and the humiliation of spiking will be gradually reduced, if the Government focus on putting this offence into the Bill.

It is fantastic that the hon. Member for Bradford South has gathered us together in this Chamber to discuss spiking again. I really do believe that this time the opportunity is with us. I have been accused of being a perpetual optimist since starting on this trail two years ago, but I believe it can happen. I believe that, after today, and perhaps after we see what is in the Criminal Justice Bill, Stamp out Spiking may have the opportunity to believe not that spiking will end, but that the country will see that we in this place are united in making sure that the offence of spiking is created, defined, recognised and dealt with in the best way possible. Thereafter, we can focus on the implementation and how police forces, universities, those in the nightlife economy and others make sure that the message is clear.

It is almost Christmas. Let us believe that Father Christmas, in the shape of my right hon. Friend the Minister, may have some good news to share.

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

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.

[Richard Graham]

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?

[Caroline Nokes]

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.

[Richard Graham]

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.

[Caroline Nokes]

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.

--- Later in debate ---

[The Minister for Security (Tom Tugendhat)]

It is very nice to be here with you chairing this debate, Mr Efford, particularly after my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) was able to start off the process—at least she has also had time to give us her thoughts. It is also a huge pleasure to be here because, as some have noted, this is my second outing speaking about spiking, so it is extremely important to me that the hon. Member for Bradford South (Judith Cummins) and my right hon. Friend the Member for Romsey and Southampton North brought in this debate again.

I read up on this matter quite carefully last time, which led to me giving my own opinion, and not just that of the Department—I hope that was useful. This time, I am pleased to say I am able to give the Department’s opinion more clearly, which is certainly helpful to me, anyway. It was also great to hear from the hon. Member for Strangford (Jim Shannon) that his mother is as vocal as he is—though I am confident she is not in the Adjournment debate of her time and has many more opinions to give, as does he.

First, I must say that my thoughts here are with the victims of spiking. As has been noted already, in many different ways, the number of people who are affected by spiking is sadly much greater than is commonly recognised. Indeed, there is no typical victim; there is far too much variability in those who are affected and pained by this. Of course, it is not only the immediate victim, but very often their families, partners and friends who—even if they were not victims of the actual spiked drink—will feel more vulnerable, less safe and more frightened to go out in their community. Clearly, all that has an effect on every one of us and on all our communities as well.

Supporting victims of spiking and ensuring that they get every possible support is a priority for this Government. I urge anyone who suspects they have been spiked to contact the police as soon as possible. I have to say, the statistics quoted by the hon. Member for Pontypridd (Alex Davies-Jones) on reporting to the police are extremely concerning. For the avoidance of doubt, spiking is now illegal, and police will take action against it.

Equally, we must send a strong and unequivocal message to the perpetrators of these despicable acts that they will be caught and brought to justice, because these are vile and dangerous crimes. As well as the immediate risk to the victim’s wellbeing, the shock and distress suffered can, as has been mentioned, result in psychological turmoil and an ongoing and very unnerving ordeal. It is no exaggeration to say that the impact of being spiked could last for years, or even a lifetime—for some, it sadly does. No one should ever be made to feel vulnerable in their social setting, or in their home or someone else’s home. As my right hon. Friend the Member for Romsey and Southampton North asked so powerfully, why should they? Enough.

That is why this Government have been working closely with the police and other partners to tackle spiking. I will set out some specific elements of our approach as I respond to the points that have been raised. I will start by addressing the publication of the statutory report on spiking, which the hon. Member for Bradford South quite rightly raised. I understand the frustration at the delay—my understanding is that the report will be published very soon indeed. Though my hon. Friend the Member for Gloucester (Richard Graham) tried to undermine my children’s belief in Father Christmas by naming me as Santa, I hope very much that I will indeed be bringing good news in the days before the close of the year. However, it will be up to the Minister responsible—the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris)—to decide when and how she addresses the matter.

[Richard Graham]

As the Minister points out, the last time he spoke in this Chamber on this issue, he was able to anticipate a future Home Office position on spiking. It is very rewarding to hear that the new Home Secretary and the new Safeguarding Minister, my hon. Friend the Member for Newbury (Laura Farris), who has a strong track record on issues relating not only to violence against women and girls, but social justice in general, are thinking apace as to how we could move things forward in a way that all Members present would like. I am grateful to this Minister for highlighting that, and I hope he will pass on our thanks to the other Ministers, but we do look forward to the detail and the substance.

[Tom Tugendhat]

My hon. Friend knows that I cannot make any announcement at all. I am merely positive as to the direction; it really is for the Minister for Safeguarding, my hon. Friend the Member for Newbury to announce the Home Office position. I am sure she will do so as soon as she is able. She has arrived in the Department with a determination and with inspiring energy. She is not only an excellent colleague in her role as a Member of Parliament, but a fantastic ministerial colleague, and she will add hugely to the job of safeguarding the people of the United Kingdom, particularly those who are vulnerable in the evening. I do not want to say any more for fear of jumping ahead of myself. She has already done a huge amount of work, and I am sure that, if she is able, she will make further announcements

On the legislation, I want to make it clear that spiking is already illegal because various pieces of legislation set out prohibitions that incorporate the offence of spiking and they can be used to prosecute offenders. We have worked closely with the police to establish the range of powers that are currently available to them and the best methods of enforcement.

However, we are mindful that the modern offence has particularly insidious features, and we are carefully considering the range of views that have been expressed on this, especially from Conservative colleagues who have made compelling arguments on this matter. I pay tribute to my right hon. Friend the Member for Chelmsford (Vicky Ford) who has spoken very powerfully about this not only during this debate, but on many other occasions. My hon. Friend the Member for Gloucester likewise has in many ways not only led this debate today, but over many years. My right hon. Friend the Member for Romsey and Southampton North has led many of these arguments for many years.

[Tom Tugendhat]

I will ensure that my hon. Friend the Member for Newbury hears those points specifically and takes them up with the relevant authorities. I am sure she will be interested to hear them, because police clearly have a vital role in tackling this issue. I pay tribute to them for helping to shed light on these awful crimes. In many ways, they respond extremely effectively. I can speak for Kent police; others will have to determine the efficacy of the actions of their own forces.

Kent police does take spiking extremely seriously, but it can be a complex and challenging crime to investigate. I will pass on the words of my right hon. Friend the Member for Chelmsford. Drugs can pass through the system quickly, leaving often limited evidence for others to identify and to point to offenders. These crimes can happen in the highly dense environment of the night-time economy and in places where it is difficult to identify the perpetrator.

Since autumn 2021, police forces across England and Wales have been stepping up action on spiking. That includes developing and rolling out an online spiking reporting and guidance tool, which should greatly simplify the reporting of spiking. The police approach to tackling spiking is being co-ordinated by Deputy Chief Constable Maggie Blyth, the national policing lead for violence against women and girls. The police continue to submit samples using rapid testing capability developed with forensic provider Eurofins Scientific. That has been invaluable in broadening our understanding of which drugs are being used and how frequently.

It is crucial that we have in place a consistent and effective national approach. Equally, the work taking place on the ground in communities is essential. In a number of towns and cities across England and Wales, uniformed police officers are visiting venues and working closely with licensed premises and staff. Plainclothes officers are trained to look out for concerning behaviour, while control rooms monitor CCTV so that officers can be sent directly to any suspicious or dangerous locations.

[Richard Graham]

I am grateful to the Minister for what he says about the efforts of the police so far, but he will probably agree that many police chiefs, including my own in Gloucestershire, the excellent Rod Hansen, and the police and crime commissioners around the country—all of them collectively, including Chris Nelson in Gloucestershire—are clear that being able to collect data on a specific named spiking offence would help enormously. For local communities the work done by people such as Councillor Justin Hudson, who leads on communities in Gloucester City Council, working with the night-time economy, that combination can be very powerful in raising awareness and reducing the likelihood of these things happening.

[Tom Tugendhat]

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.

[Tom Tugendhat]

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.

[Richard Graham]

Just to add to that, our right hon. Friend the Member for Romsey and Southampton North is right to highlight the value of raising awareness in schools. Indeed, every time I go and talk to sixth forms I ask them about spiking and a lot of hands go up. It is also true that for families—parents and grandparents —awareness is useful. Is the Minister aware, for example, that the character Amy Barlow in “Coronation Street”, played by Elle Mulvaney, has recently been going through a lot of spiking issues after seeing somebody put GHB in the drink of a friend of hers? The storyline continues on spiking. In fact, if he and his colleagues are able to make significant changes, they might find themselves playing a part in “Coronation Street” as well.

[Tom Tugendhat]

Though I bow to no one in my admiration of the great city of Manchester, I cannot honestly confess to being a “Coronation Street” aficionado. “The Archers” has had episodes about this issue at various points, and, if the hon. Gentleman chooses, we can discuss those, but I am afraid that is as far as I go with that storyline.

Safety of Rwanda (Asylum and Immigration) Bill

Richard Graham Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Yvette Cooper]

The hon. Member is totally right. I have now heard of a series of failed asylum cases in which people want to return to their home countries and have applied to the Home Office to be able to do so, and the Home Office has told them that they will have to wait six months because it is so incapable of getting a grip. In the case that the hon. Member has raised, somebody has been waiting for 12 months to be able to return to their home country. There has been a 50% drop in returns compared with the last Labour Government, because the Tories always go after gimmicks and they never get a grip. There are 40,000 people whose asylum applications have failed and who have not been returned, and 17,000 people the Government have just lost—they do not even know where they are. It was their policy to let the backlog soar and put 56,000 people in hotels. This is the Tories’ asylum crisis, and they are failing to fix it.

The Prime Minister has made this legislation—this policy—the Tories’ flagship. It is extortionately expensive, and it is failing. Ministers have repeatedly tried to hide the cost: just 10 days ago, the Home Secretary was trying to suggest that it was only £140 million. It has already cost twice that for nobody to be sent, under a scheme that Home Office officials have described as unenforceable and at high risk of fraud. Those hundreds of millions of pounds could now be £400 million, and I would like whichever immigration Minister winds up today’s debate to explain whether this is now, in fact, a £400 million plan. That is hundreds of millions of pounds that could have been spent on thousands more police to boost our border security and smash the criminal gangs. It could have been used to clear the backlog entirely, end hotel use and save us a further couple of billion pounds, or train 1,000 doctors or 4,500 nurses.

Of course, if the Government manage to send people to Rwanda, they will have to spend further money, probably around £200,000 per person—perhaps the Minister could also confirm that figure. That is more than twice as much as it costs here in the UK, so can the Government confirm that by the time they have finished, close to half a billion pounds will have been paid to Rwanda for just a few hundred people, around 1% of those arriving in the country? The Court of Appeal has said that there is only capacity in Rwanda for around 100 people; even the judge who agreed with the Government said that talk of thousands is “political hyperbole”. The asylum system in Rwanda is also limited: it has only processed an average of 100 people a year for the past three years, so at most, it will be a few hundred people. Some 56,000 people are in hotels, 100,000 applied for asylum last year and 160,000 are waiting in the backlog, so potentially less than 0.1% of those people will be covered by the scheme. It is no wonder that the permanent secretary said yesterday:

“We don’t have evidence of a deterrent effect”.

The Government are now on their third new law in two years. The Home Secretary said that the Bill means

“if you enter Britain illegally, you will be detained and swiftly removed…to a safe third country, such as Rwanda”—[Official Report, 7 March 2023; Vol. 729, c. 152.]—

except that was not the current Home Secretary, but his predecessor, talking about the last Bill: the Illegal Migration Act 2023, passed four months ago. The main section of that Act has not actually been enacted, because the Government know it will not work. The Home Secretary has also said that the Bill will

“deter illegal entry into the UK”—[Official Report, 24 March 2021; Vol. 691, c. 922.]

and that anyone who arrives illegally will be sent

“to the country they arrived from or a safe third country”,

but that also was not this Home Secretary or this Bill: it was his predecessor but four, the right hon. Member for Witham (Priti Patel), when she introduced the main provisions of the Nationality and Borders Act 2022, passed 18 months ago. The main section of that Act has been revoked because it made things worse. The first Act was largely revoked because it made things worse, and the second one is not yet in force because the Government know it will not work, so forgive us for not believing a single word about the Bill that is before us today. We have heard it all before.

When he responds to the debate, the immigration Minister should explain what is going to happen about clause 2 of the Illegal Migration Act, which requires the Home Secretary to remove everyone to Rwanda or elsewhere if they arrived after July. The Government have put that provision on hold, apparently until after Rwanda gets off the ground, but even if they do manage to do that quickly, more than 15,000 people will have arrived in the country on small boats since then, all of whom the Government have now promised to send to Rwanda. If Rwanda is only going to take a few hundred people a year, it is going to take the Government over 100 years to send those 15,000 people who have arrived since they passed the last law. It will take them 10 years to send everyone who has arrived in the last fortnight alone. In the meantime, while they focus on this gimmick, they are failing to get a grip and they are failing to bring down the backlog. Instead, we have people in asylum hotels at the taxpayers’ expense at the astronomical cost of £8 million a day.

[Richard Graham (Gloucester) (Con)]

I have listened with interest for almost 15 minutes to hear what the shadow Home Secretary’s solution is to this incredibly difficult problem. She rightly refers to the fact that we have asylum seekers in hotels at considerable cost, and to the considerable difficulty when it comes to their distribution to our local authorities for all of us as constituency MPs, but I have not heard a single word about recognising that the Government are coming up with a solution that, while it may not work completely, may have a deterrent effect and may be a welcome step in a series of steps to help reduce illegal immigration into our country. Does she not recognise that?

[Yvette Cooper]

Well, £400 million for a failing plan is a hell of a lot of money. What we need to do is clear the backlog, and Labour has set out a proposal for 1,000 new caseworkers to clear the backlog and for a new returns unit to make sure that, instead of this 50% collapse in returns, we actually return people who have no right to be here. Do that—clear the asylum backlog and end the asylum hotels—and that will save the taxpayer £2 billion. Instead of throwing away hundreds of millions of pounds, it will save the taxpayer billions of pounds.

--- Later in debate ---

[Richard Graham (Gloucester) (Con)]

I would say it is a pleasure to follow the hon. Member for Glasgow North (Patrick Grady), who served with me on the Westminster Foundation for Democracy, but he rehashed quite a lot of what has been said from the Opposition Benches, with various misunderstandings and inaccuracies. He had his moment of fun trying to describe different groups of colleagues on the Government Benches, but let me pull him back to something that he will recognise, as I think all colleagues in the House will.

I recently had a conversation with a distinguished recently retired UN senior official who was previously the British ambassador in several countries in Africa. He not only painted for me, but described for me factually the statistical possibilities of what is going on in that great continent at the moment. He described vividly the combination of civil wars, mismanagement, instability, insecurity, climate change challenges and food shortages that are affecting millions of people in Africa. Of course, we know that has added to the incredible level of insecurity in the middle east and, indeed, further east from there.

All of this amounts to one of the great challenges for democracy in our time. We are dealing with a huge issue that will get bigger, and we are all going to be stretched in our answers to those challenges. It is not just us in the United Kingdom; as we know, there are issues in the Netherlands, Hungary, Italy, France, Denmark—you name it, all our European neighbours are wrestling with similar challenges. Therefore, it is simply not enough for Opposition Members to point at various things that they do not like about this Bill without really considering what a constructive alternative might look like.

The hon. Member for Edinburgh East (Tommy Sheppard) said earlier that immigration should be looked at as an opportunity to be seized, not a problem to be managed. He is partly right, but he would be more convincing if county after county in Scotland were taking more asylum seekers and putting up their hands to the Government of the United Kingdom in order to take more, because the truth is that it is a challenge to be managed.

We need a practical response, because we do not outsource immigration to people smugglers. The point of stopping the boats, and the point of the Bill, is to play a trailblazing role, not just for us but for other countries. On balance, I believe that we will see more such agreements, and that this will not be the only one. While I have always taken the view that none of us can be sure that the Rwanda scheme will work in terms of the number of asylum seekers who will transfer to Kigali, we should keep an open mind and not assume, to quote Labour’s amendment, that the Bill

“will not work to tackle people smuggling gangs, end small boat crossings or achieve the core purposes of the Bill…whilst applying to less than one per cent of those who claim asylum”.

That is fundamentally wrong, and we can show so in a number of different ways.

First, will the Bill actually act as a deterrent? Migration Watch says it will be a powerful deterrent if illegal migrants are swiftly and continually sent to Rwanda. How many would we be able to send? The Rwandan spokesperson said himself only a few days ago that the country is

“ready, and willing, to take in as many people as the UK is able to send”.

All those Opposition Members talked about 100 or 200 people going there, but that is not at all the potential of the scheme. As other people have mentioned, Rwanda is already hosting 130,000 asylum seekers and the UNHCR has 1,700 Libyans there, so clearly the numbers are not the fundamental issue with the proposal.

We have had a lot of red-herring soundbites—“can’t work”, “won’t work”, “unprecedented”—but there are precedents. In fact, the Labour party knows that better than anyone, because in 2001 the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), was in a very similar position in not being able to confirm to the ECHR that the Government were necessarily compliant in a proposal that she was putting forward. We know that the Blair Government talked to Tanzania about something similar; in fact, the Nationality and Borders Act 2022 built on the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. So there are precedents and reasons to believe that the Bill might work. It will be awkward, and it is an issue that we and many other Governments will have to tackle, but the most important thing is that we get behind the Bill and see it through safely.

UK-Rwanda Partnership

Richard Graham Excerpts

Wednesday 6th December 2023 Commons Chamber

[James Cleverly]

That speculation is not accurate. Within the whole of this negotiation, we have always made it clear that we would work within the boundaries of international law. Rwanda takes international law just as seriously as we do, which is why we are both completely comfortable that these proposals are within the bounds of international law.

[Richard Graham (Gloucester) (Con)]

Over the past few years, we have taken over half a million refugees from different parts of the world—women, children and others—from countries in extreme difficulties. Does my right hon. Friend agree that if we can stop people being trafficked across the channel in small boats, we may well be able to help more of those who are genuinely in the most danger?

[James Cleverly]

My hon. Friend is absolutely right. It is so important for us to break the trade in human misery being perpetrated by the people smugglers. This is a generous country. We do not want the people smugglers to abuse and erode that generosity. That is why getting this right and working with Rwanda is so important, and why I am proud of how hard the Rwandans have worked to ensure that their institutions are robust, fair and impartial.

Criminal Justice Bill

Richard Graham Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[James Cleverly]

The Bill makes it clear that any actions that will be taken will be in response to a continuing refusal to abide by the moving-on powers that the Bill provides, so I do not agree with the hon. Lady’s assessment of how this will play out in practice. However, as I say, this is the Second Reading of the Bill and there will be opportunity through its passage for ideas, thoughts, concerns and potential improvements to be put forward. I encourage her and the hon. Member for Oxford West and Abingdon (Layla Moran) to put forward their ideas, because we recognise that this is an important issue. We want to get it right, but we are responding to specific concerns that have been raised.

[Richard Graham (Gloucester) (Con)]

The Home Secretary is right to say that the Vagrancy Act, as it comes to its bicentenary, is ripe for renewal and change, and there is an interesting debate to be had. He is right to identify that it is a problem for many of our constituents. The other problem, which he knows I will be talking about later, is the offence of spiking. I was listening keenly to what he said and no doubt he will touch on that in a moment or two.

[James Cleverly]

My hon. Friend makes an important point about the need to update a number of provisions, including the Vagrancy Act 1824. I know he feels strongly about that and, through the passage of the Bill, I am more than happy to listen to his contributions about other opportunities to update and modernise legacy legislation, which has served us well but for a very, very long time, to ensure that it is relevant for the modern world, not the Victorian—or sometimes Georgian—era when the provisions were originally drafted.

--- Later in debate ---

[Priti Patel]

The right hon. Lady is absolutely right; we have had discussions about that point previously. I think this might be an opportune moment to pay tribute to those police officers who have lost their lives defending communities, being braver than ever and going after the criminals out there. [Hon. Members: “Hear, hear.”] We see so many acts of bravery, but I am sorry to say that they are sometimes not recognised enough. A lot of our police officers sadly get a bad rap because of other reporting issues and all sorts of things, but the reality is that we should pay tribute to and give the right recognition to those who are out there on the frontline, defending us. The right hon. Lady will be familiar with the police bravery awards—what a sobering moment, when we honour our police officers—but we must do more to represent the fallen and to protect family members. That is why the police covenant is so important. I would like this House and Ministers in particular to do much more collectively to recognise that bravery, because the families of officers are affected in a very challenging way.

[Richard Graham]

I was moved, around the period of remembrance, that Gloucestershire Constabulary arranged for a short ceremony in which all the MPs in our county gathered together with the Gloucestershire Constabulary to commemorate those who had died in earlier conflicts and those who have suffered during very difficult moments more recently. Does my right hon. Friend agree that that is something that might be rolled out across the country?

[Priti Patel]

That is a very nice practical example of a community coming together to commemorate and recognise that public service. We are speaking about people who give public service to our country to protect us all, while at the same time making enormous sacrifices. I had the great privilege of spending much of my time as Home Secretary with law enforcement, including police officers on the frontline, and with some of their family members, so I have heard first-hand testimony of the sacrifices made. That is particularly the case for the loved ones of officers who have died in the line of duty; it is incredibly sobering.

This Bill is important, and as it progresses I look forward to working with the Front-Bench team on the measures they are introducing. I will touch on some of the positive measures, as there are sections of the Bill that are hugely welcome. This legislation goes further in giving the public confidence in criminal justice and policing to keep our citizens and our country safe. There are provisions to address the use of 3D printers and electronic communications devices that aid vehicle theft. I think it is fair to say that we are great believers in designing crime out through the use of technology—making it harder for criminals who abuse the system to even commit the crime in the first place. The measures in the Bill should help in that preventive work.

Criminals are clever: they are constantly adapting, they are agile and they evolve their methods. As legislators, we must be prepared to make sure that we can do more to support the police to fight offenders. I welcome more details on how the Government will continue to grow their plans. The Policing Minister mentioned facial recognition, and I support that work. It is about time that we stood up to some of the legal challenges and brought in more facial recognition provisions to strengthen law enforcement.

I particularly welcome the measures in clauses 9, 10 and 18 relating to knives and bladed articles. I agree that more can be done. Online loopholes around the purchase of weapons has been a subject of discussion in the House for a long time, and I think we could do much more there. It is a fact that we are all horrified and shocked by the impact of knife crime on our streets on victims and their families. The lives of so many young people are blighted by the horrors of knife crime, and we can absolutely come together on this issue. Our hearts go out to victims of knife crime and their family members. We never, ever want to experience the grief and anguish that they endure, but we can do more. I pay tribute to the many campaigners in this space; we should stand with them to do much more.

I am pleased to see that clause 13 and schedule 2 include new provisions to strengthen the legal framework to prevent people taking, sharing and broadcasting intimate images—of course, I am referring to revenge porn. There are still loopholes, and we want to do more to close them. It is a sickening offence that blights people’s lives. Essex police investigated a very high-profile revenge porn case that led to the successful prosecution of an offender, Stephen Bear. I pay tribute to Georgia Harrison, who was on television again just yesterday, both for her bravery in speaking out so strongly and encouraging others to come forward and for the many ways in which she has championed this issue. Our laws have to be flexible and able to adapt to modern technology, so that victims are protected from the people who commit those dreadful crimes.

That brings me on to the measures in the Bill that cover the management of offenders who have a record of coercive and controlling behaviour. Clause 30 puts those offenders under the multi-agency public protection arrangements, which is very welcome. Those measures build on a strong record of supporting victims of domestic abuse and violence, and it is vital that they are put into effective practice. Having mentioned domestic abuse and violence, I want to touch on a really harrowing aspect of that issue: domestic homicides. A great deal of work has taken place in the Home Office around domestic homicide reviews. I led that work, and would like to see it strengthened so much more. We see too many loopholes, and I am afraid local authorities are not always following up on domestic homicide reviews in the way we would like them to. A lot of good practice is already out there, with some local authorities championing that work, working with multi-agency teams and law enforcement.

I also welcome the measures in clause 32 of the Bill to confiscate the proceeds of crime, and serious crime prevention orders, which are dealt with in clauses 34 and 37. Again, it is important that we constantly adapt and update our legislation, and that those measures are operationalised and implemented in an effective way. I look forward to hearing more details from the Government about those areas.

I have already touched on the great work undertaken to keep our streets safe and fight crime, particularly the work of the police, who are on the frontline. I believe that we should back the police when it comes to new technology, but also by standing by them as legislators, including in difficult times when the way in which they are policing and operationalising and their professional judgments are under scrutiny, including public scrutiny. The police are the ones who put themselves in harm’s way to protect the public, and in recent weeks, we have seen the pressures they face when it comes to policing in challenging circumstances. I pay tribute to the police—I have seen them in very difficult situations. They are skilled professionals, and the recruitment of 20,000 police officers did not come out of the ether. A great deal of detailed work took place around that recruitment, but also around retaining them—how our laws back them, and how new technology and funding enables them to do their jobs. Our police officers are a credit to our country, and we should always show them our appreciation. They are diligent and maintain the highest possible standards, as I have seen myself.

However, we have of course seen some shocking and disturbing incidents, inappropriate conduct and serious criminality involving police officers. We have debated that issue in this House many times, both during my time as Home Secretary and since I left that position. It is right that chief constables and police commissioners across the country work to improve professional standards—I have had many discussions to that effect—but it is also important that we learn the lessons when things go wrong. In particular, the measures in clause 73 relating to ethical policing and the duty of candour can build on the work that has taken place through recent reviews. Of course, inquiries are still taking place, in particular the Sarah Everard inquiry that Dame Elish is working on. It is important that we maintain those standards going forward—we have a lot of work to do.

I will now touch on some areas in the Bill where I want to see greater scrutiny to ensure that the measures in this legislation will make a difference and will go further in some quarters. One area that needs reflection is clause 19, which the Chair of the Justice Select Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), touched on already. That clause contains measures that would permit entry into private premises without a warrant.

I am the first to recognise the desired outcome that the Government are seeking: to support the police in tackling the issue of stolen goods by enabling them to enter and search premises and to seize items without a warrant. We all want to see those responsible for those crimes apprehended more quickly, and the goods returned to their rightful owners—that is absolutely right. Too often, victims of crime are left frustrated by the challenges involved in investigating those crimes and getting their goods back. However, as the party of law and order that believes in safeguarding the rule of law, I want to ensure that if this power is introduced, freedom and civil liberties are maintained and due process remains in place. There is the prospect that that power will be misused, leading to miscarriages of justice.

--- Later in debate ---

[Sir John Hayes (South Holland and The Deepings) (Con)]

The Conservative writer and statesman John Buchan said:

“You think that a wall as solid as the earth separates civilisation from barbarism. I tell you the division is a thread, a sheet of glass.”

Too often, our constituents are exposed to how fragile that thread is as they deal with the barbarity of crime. It is true that, as the new Home Secretary said, some crimes have fallen—burglary has certainly declined, as well as some other crimes—but too many of our constituents have a diminishing faith in the rule of law. Order delivers and depends on a secure sense of certainty shaped by shared values and, as communities become increasingly fragmented by social breakdown, those values are eroded. There are many reasons for that, but just two of them are the pace and character of change. We cannot admit 1.3 million people into the country in just two years and hope that communities will hang together. In some places, there is nothing to integrate into, even if the people coming would like to do so. We have to deal with the rapid pace of change and its effect on the character of community and the shared values on which we all depend.

There is another problem, which sadly is prevalent in the Chamber; I hear it prosecuted many times. That is to assume that the focus in criminal justice should be on the criminal, not the crime; the cause, not the event. That implicitly limits—I would say that it reduces—our concern for victims as we perpetually ask why something has happened rather than what has happened. The effect of a crime—the event—is immediately felt, and the consequences of that event are measurable, so let us stop agonising about why, and deal with what and how, and what we will do about it.

What will the Government do about it in the Bill? There is much to be welcomed. The new crackdown on antisocial behaviour is overdue and insufficient but welcome. There is the concentration on knife crime and new offences for carrying knives. That, by the way, needs to be backed up with much more extensive use of stop and search—I hope we will hear that from the Minister when she winds up—because there is no point in having something on the statute book that says, “If you carry a weapon, you will be prosecuted” if we do not know whether people are carrying one or not. We know that stop and search works and we want to see more of it.

There are also sensible changes to the laws on vagrancy. Again, let us be crystal clear about those changes. The Bill says—this is not the hyperbole we have heard from some Opposition Members—that we will ban begging where it is causing a public nuisance such as by a cashpoint, in a shop doorway, on public transport, or approaching people in their cars at traffic lights. It will also introduce a new offence targeted at organised begging, which can be facilitated by criminal gangs to gain money for illicit activity—that is organised, orchestrated begging on a large scale. It will also introduce powers for the police and local authorities to address rough sleeping where it is causing damage, disruption, harassment, distress, or a security or health and safety risk such as the obstruction of fire exits or blocking pavements. That all sounds eminently reasonable.

Of course, those measures are not part of a bigger strategy on homelessness—I acknowledge and accept that—but my constituents tell me that they suffer from exactly the things that I have just detailed and want something done about it. The Government are to be congratulated for responding to those calls. The Government are right, too, to insist that criminals are in court when sentenced. We all saw recently that Lucy Letby was able to avoid meeting the families of her victims by cowering in her cell when she was duly sentenced.

There are things that are not in the Bill. I would have liked it to look at raising minimum and maximum sentences for all kinds of crimes. I would like more custodial sentences, not fewer, and not just for serious crimes. We have heard a lot about shoplifting. Let us imagine if we said to our constituents that the Government are increasing sentences for serious crimes, but a perpetual shoplifter will never go to prison; someone engaged in criminal damage by defacing or attacking a war memorial in our constituencies will not go to prison; someone involved in perpetual antisocial behaviour will not go to prison. That is not good enough, it is not what our constituents expect or want and it is not what the Government should do.

[Richard Graham]

Does my right hon. Friend agree that the power of community payback is enormous, visible and makes a huge difference to our communities? When those who commit petty crimes are seen to be painting or gardening in city or town parks, the offence is commensurate with the justice mooted, and we can all benefit from that.

[Sir John Hayes]

Yes, but it is a big mistake to assume that the principle aim of criminal justice is to avoid recidivism. That seems to underpin much of what the Government think. It is true that we want to stop people becoming perpetual criminals, but that is not the only measure of criminal justice. The purpose of justice is to punish. People want to see

“the infliction of an ill suffered for an ill done”.

For people’s faith in criminal justice to be maintained, they need to know that if someone does something wrong, they will suffer for it.

Similarly, imprisoning someone takes them away from where they committed the crime and thereby stops them from committing another. In the case of shoplifting, at the very least it provides respite for those plagued by shoplifters—often, the same families, groups and social networks are involved in that concentrated and organised shoplifting. It is not the person stealing the occasional thing; unfortunately, it has been institutionalised in certain criminal communities and among a certain kind of felon. We need to think about criminal justice in those terms. Community sentencing can play a part, but it is important that criminal justice is retributive. That argument is made to me perpetually by my constituents, but in their eyes, it seems to fall on deaf ears among the political elite. Protecting the public, punishing criminals and providing victims with a sense that justice has been done are all essential to maintain popular faith in criminal justice.

I know that others want to speak, and too many speeches in this Chamber are too long. As you know, Mr Deputy Speaker, there is no such thing as a political speech that is too short. So I will conclude with a different quote from a different character. C S Lewis said:

“I think the art of life consists in tackling each immediate evil as well as we can.”

We will never eradicate the wickedness of crime. No society ever has. But in tackling evil, first we must recognise it, and secondly be intolerant of it. To be intolerant of wickedness is not only the right thing ethically but would allow us to say with pride that we are defending the innocent against those who seek to make their lives a misery. Let us move forward with the Bill with a spirit of righteous intolerance of evil. On that note, I look forward to the new Minister, whom I welcome to her place, illustrating her vigorous intolerance of all that is wicked and criminal.

--- Later in debate ---

[Richard Graham (Gloucester) (Con)]

What a pleasure to follow my hon. Friend the Member for Hertford and Stortford (Julie Marson) and to hear her mention the issue of spiking, as several others have done. I will not speak for quite as long as the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), who I think managed 40 minutes, but there is enough time to mention two or three quick points of interest to the House.

This is, after all, a debate on issues of huge importance to all our constituents, issues of safety and justice. Much has been said from all parts of the House that many of us can agree on. I particularly enjoyed the speeches from my right hon. Friend the Member for Witham (Priti Patel), my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), my right hon. Friend the Member for Basingstoke (Dame Maria Miller), the hon. Member for Rotherham (Sarah Champion), my hon. Friend the Member for North West Norfolk (James Wild) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee.

The right hon. Member for Kingston upon Hull North has done great work on spiking. She, I, the former Home Secretary my right hon. Friend the Member for Witham, and others are completely aligned in our proposal to the Ministers on the Front Bench and to the Home Secretary that this is not just a great opportunity to follow through on some of the things that are already in the Bill—for example, the importance of criminals attending their sentencing, preventing sex offenders from changing their names to confuse the register of sex offenders and other very good initiatives—but a historic opportunity to make spiking a separate, specific offence defined in law and to send a very clear message to a lot of people. This is not the first time that I have sung this tune, Mr Deputy Speaker. As you and others will be aware, we had debates in my name in January, two ten-minute rule Bills in January 2022 and June of this year, and a Home Affairs Committee report in April this year. They have all recommended the creation of a separate offence of spiking.

It now falls to the new Ministers, whom I warmly congratulate on their appointments—especially new the safeguarding Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris)—to seize the moment and bring the change to life. The reason it matters so much is partly that, rather like the with Vagrancy Act 1824, we need to update legislation to reflect modern practice and language. We need to define the term “spiking”, bring together elements of two separate existing acts—one of them Victorian—and ensure that the police record complaints and accusations, help to collect evidence, and refer cases to the CPS when appropriate.

However, behind all that is the straightforward truth for anyone listening to the debate: we all know, or know of, at least one person who has been spiked. That includes several Members of this House or members of their families, as well as so many of our constituents. Almost all those cases have not been reported or recorded. Let me give three quick examples of spiking that we do know about.

The first is an example sent to me this morning by a colleague whose friend, a male in his 60s, was here in London on business. He dropped

“into a pub near his hotel and had his drink spiked.”

The guy who spiked the drink

“supposedly ‘helped’ him back to his hotel where the assault and rape happened.”

The individual who was raped was not a gay, so it was particularly traumatic. Our colleague from this House says that the individual thus abused

“is mostly over it now”.

That is just one example of an incident that has not gone anywhere near the police, let alone the courts.

There is, of course, an infamous example from Manchester that has come to light and, indeed, gone on to court: the case of Mr Reynhard Sinaga, who raped more than 50 men under the guise of being a Christian befriending those who were sleeping rough in the evening. My right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) has mentioned his constituents Mandy and Colin Mackie, who created Spike Aware UK after their son Greg’s tragic death following a spiking.

All three examples are relatively unusual, partly because they have come to light, but also because they are all male on male. However, we know—both anecdotally and through research done by Stamp Out Spiking, for example—that the vast majority of cases are man on woman, especially in the night-time economy and particularly among university and college students, although by no means exclusively. So there is a key element of violence against women and girls in the whole business of spiking, which is another reason tackling it is so important.

Sceptics tend to ask, “So how many spiking crimes have been committed?” That is an almost impossible question to answer, not just because there is currently no offence of “spiking”, but because proving attempts or committed acts of spiking is hard, and the presence of drugs in the body fades quite fast. That only emphasises why legislative change is necessary: once spiking is an offence in its own right, those who have been spiked will get more support from the police, the CPS, the NHS and night-time economy venues. That is why many police forces, including Gloucestershire constabulary—my local force—and its chief constable, and PCCs including Gloucestershire’s excellent Chris Nelson, recognise that making spiking an offence in its own right matters. It will enable proper data collection, encourage victims to come forward, and drive technical changes to capture the evidence more effectively, and, crucially, it should result in an increase in simple messaging and a decrease in offences.

If we can achieve all that through some crisp drafting by the Home Office and the Ministry of Justice, we will have done many people a great favour.

Illegal Immigration

Richard Graham Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

I am wondering whether the microphones are working. There has been a tenfold increase in the pace of asylum processing this last year. We are increasing it. The things are not mutually exclusive; we are doing all of them.

[Richard Graham (Gloucester) (Con)]

It is great to have the Home Secretary in his new role, and to hear his confirmation that small boat arrivals are down not just by a fifth, but now by a third, and that he will find a treaty to resolve the remaining legal issues on the Rwanda deal. Will my right hon. Friend also encourage his officials to share the data on asylum applications that are over a year old with Members of Parliament, so that with our local councils we can prepare housing solutions in advance?

[James Cleverly]

I will absolutely take that idea on board. We want to do everything we can to make sure that this process is as quick and as smooth as possible.

Illegal Migration Update

Richard Graham Excerpts

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

That is a very important question. We have not done an amnesty—that is what the last Labour Government did when they had a backlog of asylum decisions. We have chosen to do good, old-fashioned management reforms to make this service more productive and deliver for the taxpayer. We have also taken on this issue in respect both of countries with high grant rates, such as Afghanistan, and of those with low grant rates, such as Albania, and we have rapidly got through those cases. There are a number of nationalities—Egypt, Turkey, India—where grant rates should be very low indeed because there are very few circumstances in which somebody should be successfully claiming asylum in this country. We want to ensure that our asylum grant rates are no higher than those of comparable European countries.

[Richard Graham (Gloucester) (Con)]

I welcome the near end to illegal Albanian immigration, the crackdown on immigration lawyer abuses, and UK Visas and Immigration caseworkers helping MPs. However, as more asylum seekers become refugees, has my right hon. Friend considered creating a homes for refugees programme, building on the successful Homes for Ukraine scheme?

[Robert Jenrick]

It is worth remembering that those individuals granted asylum are predominantly young men of working age, and I would hope that they will integrate into society, get a job and start contributing to the UK—that is certainly our intention. I do understand that there will be some pressures on local authorities, and we are working through those with the Department for Levelling Up, Housing and Communities. That Department is considering the possibility of a homes for Afghans scheme, but that is in respect of the Afghan relocations and assistance policy and the Afghan citizens resettlement scheme, which cover a different cohort of individuals where that kind of intervention is more appropriate.

Illegal Migration Bill

Richard Graham Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I declare my registered interest as chairman of the safeguarding board of a children’s group.

It is a pleasure to follow the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair and fellow member of the Home Affairs Committee. I agree with many of her observations, particularly on the recommendations that have come out of various Home Affairs Committee reports.

The right hon. Lady mentioned the specific conundrum in which children—perhaps even babies—who are brought here by their parents, clearly beyond their own power if they are very young, will fall foul of the proposed regulations because they have entered illegally. They will effectively carry a black spot for life, through no making of their own. What would happen if that baby, when he or she grows up, marries a UK citizen? They would effectively not be able to come to their spouse’s country of origin.

These are not completely hypothetical scenarios. They are very real problems that could occur. I was about to say that we should not throw the baby out with the bath water, because the Bill has unintended consequences that could seriously harm a young person’s prospects, for a crime they had no part in committing.

I want to speak for a rather shorter time than I did yesterday, because I will focus on two aspects—how children are still able to be deported as children, and the problems around detention. I think there is a problem in the Bill with trying to adultify children. I acknowledge that there is a difficult situation regarding families and I have concerns about their treatment, but I have also seen—as has the Chair of the Home Affairs Committee—cases of people smugglers using children by matching them up with supposed relatives, so that they can come across. When we were last in Dover, we saw such a case; the supposed uncle and the child did not even speak the same language. We have to be cognisant of the fact that these criminals will use children to try to help the passage of other people who are paying them large quantities of money.

I am absolutely in favour of a much more robust and efficient age verification system, because it is a safeguarding issue. We have seen instances of people claiming to be children, who later turn out to be adults and who have actually attended school alongside school-age children—in positions of responsibility, alongside children. This is an important safeguarding issue. Many other European countries already have age verification techniques, which involve various medical interventions. We need to look seriously at age verification if we are to get this one right—but, again, it is a sensitive issue.

I have a good deal of sympathy with the concerns regarding the impact on modern day slavery legislation, which were mentioned by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). I hope the Minister will look carefully at how we can preserve those principles while clamping down on some abuses that may have been happening.

Let me concentrate on amendments 139 to 145—those in my name and the names of my hon. and right hon. Friends—which would amend clauses 2, 3, 7 and 11.

[Richard Graham (Gloucester) (Con)]

My hon. Friend made some very good points yesterday. Will he confirm how happy he was with the Minister’s confirmation that safe and legal routes would, “if necessary”, be brought forward

“with our intention being to open them next year”

while

“launching the local authority consultation on safe and legal routes at the same time”?—[Official Report, 27 March 2023; Vol. 730, c. 777.]

Does that give him and those of us who supported his amendment the reassurance needed on that score?

[Tim Loughton]

Sir Roger, if I do too much back-jobbing to yesterday’s business, I am sure you will call me out of order, but let me tell my hon. Friend that there were some intensive discussions with the relevant bodies to get assurances. They were on the basis that I need to see some fairly convincing and robust action in the next few weeks before we get to Report, otherwise we will revisit those amendments and new clauses with a vengeance then. I have given the Government the benefit of the doubt at this stage, so I hope we can work constructively to achieve what I think the Prime Minister wants to achieve. It is what he has put on record that he wants to achieve, but some of us want to see more urgency and some clear undertakings on the face of the Bill.

That was yesterday’s business; let us return to today’s business. I do not intend at this stage to force my amendments to a vote, but I do want some assurances from the Minister. These are very important principles regarding very vulnerable children, and I want to see some concrete action when it comes to proceedings on Report. Frankly, if we do not get that, as with my case yesterday for safe and legal routes, the Bill will be much less easy to defend, and much more vulnerable to being pulled apart in another place and by lawyers. I want the Bill to go through, but I want it to be a balanced Bill that can work and that does not fall at the first hurdle.

The clauses that I am concerned with are those that place a duty on the Home Secretary to remove people, and those with an impact on children and that contain details on removal procedures. I am also concerned with the clause on the powers of detention: here, we must absolutely make sure that we do not adultify children; and they must be subject to the same safeguarding considerations as any other child already legally in the United Kingdom who is taken into custody or subject to some form of restriction on his or her liberty.

It is also worth repeating, and it has been said by several people, that no child rights impact assessment has been undertaken on the Bill, which is of concern. It would benefit the Government if they could back up the legislation with that sort of analysis. We also need justification for the removal of the duty to consult with the Independent Family Returns Panel. Those are the reasons why many children’s organisations and, indeed, the Children’s Commissioner have been vociferous on various aspects of the Bill.