Criminal Justice Bill

Debate between Richard Graham and Laura Farris

Report stage
Wednesday 15th May 2024 Commons Chamber

[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.

Tackling Spiking

Debate between Richard Graham and Laura Farris

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?