PARLIAMENTARY DEBATE
Tackling Spiking - 18 December 2023 (Commons/Commons Chamber)
Debate Detail
These offences have potentially devastating effects. First, there are the immediate physical effects, which can include struggling to speak or to stand up, loss of consciousness and hospitalisation, to name just a few. Secondly, there is the psychological trauma, which can manifest itself in a number of ways, including anxiety or, most acutely, shame about what happened and what may have ensued. The impact can last for months, years or a lifetime. Some will be victims of secondary offending, which they may struggle to recall, that may well be of a sexual nature. Thames Valley police told the Home Secretary and me just last Friday that spiking is the hallmark of the sexual predator. Anyone who has read the harrowing accounts of victims will understand why it is vital that we crack down on these crimes. We owe it to all of them to redouble our efforts, and that is precisely what this Government are doing.
As Members will be aware, the Government were required, under section 71 of the Police, Crime, Sentencing and Courts Act 2022, to produce a report on the nature and prevalence of spiking and the action we intend to take. Publication has been delayed, and I understand why the hold-up has been a source of frustration, but that delay has enabled the Home Secretary and I—both new in post—to take a step back and consider how best we can focus our efforts to address this crime.
We want the law to be crystal clear and for individuals to have no doubt as to their rights and remedies. We have concluded that there is a case for a legislative change to capture the modern and insidious nature of this crime. I can therefore confirm to the House that the Government intend to bring forward amendments to the Criminal Justice Bill that modernise the language of the Offences against the Person Act 1861. This will remove any ambiguity and make it clear that the offence covers spiking in every form, be that via food or drink, vape or by needle. We hope that this step will improve public awareness but, most importantly, encourage victims to come forward.
I will add two points. It has been said, and we of course accept, that the existing laws already cover the range of behaviours that incorporate spiking. While it is not in dispute that that is the case, we recognise that some of the existing offences on which we rely are not readily seen to cover spiking. We give the illustration of sections 22 to 24 of the Offences against the Person Act 1861, which use the language of poisoning for nefarious purposes, which we believe we can clarify through this change.
By their very nature, spiking cases are complex. The work we have done tells us that there are particular challenges in identifying perpetrators and gathering evidence. To bolster our legislative plans, we have developed a package of practical measures to improve public safety. The police have already developed a rapid, lab-based urine testing capability, but we want to go further. First, the Home Office will be funding efforts to research the capability and reliability of existing rapid drink testing kits. There are never any guarantees with this sort of work, and we are only at the beginning, but to understand what is possible, we have to gather evidence on testing efficacy, and that is what we will be doing in the months ahead.
Secondly, additional funding will be provided to the police to run several spiking “intensification weeks”, which we have seen successfully deployed for other types of criminality, including county lines and knife crime. Thirdly, the Security Industry Authority, the regulator of the UK’s private security industry, has committed to introduce spiking training for door supervisors as part of its existing licence-linked qualifications. This will enable them to better and more quickly identify victims onsite.
Fourthly, we will support the police to roll out their spiking reporting and advice tool, to improve the quality of data. This enables the public to report cases of spiking quickly and simply, including anonymously if they so wish. It has been successfully rolled out across 20 forces as part of a pilot programme in England and Wales, and will be expanded to the remaining 23 forces shortly. Several other measures are detailed in the statutory report, but I am conscious of the time, so I will simply add that the report is available on the gov.uk website and emphasise that we are strengthening our response across the board.
Before I conclude, I take this opportunity to urge the public to remain vigilant, particularly over Christmas. If anybody believes that they or someone around them has been spiked, they should report the incident to the venue and the police. I also want to offer my thanks to the campaign group Stamp Out Spiking and Members on both sides of the House. I will not mention them all, but I particularly thank my hon. Friend the Member for Gloucester (Richard Graham), my right hon. Friend the Member for Chelmsford (Vicky Ford), the hon. Member for Bradford South (Judith Cummins), my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Witham (Priti Patel), my hon. Friend the Member for Mid Sussex (Mims Davies) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who have campaigned so assiduously on this issue. Their insight and commitment have been instrumental, and they will no doubt continue to provide support and scrutiny as our work progresses.
Spiking is an appalling, predatory crime that ruins lives. As we have shown time and again, this Government will do everything in their power to protect the public and reduce violence against women. I commend this statement to the House.
Let us be clear: Labour completely welcomes today’s announcement on spiking, although action to crack down on this dangerous and devastating crime is long overdue. The scale of the problem, as the Minister well knows, is vast. As the Government’s own report makes clear, between May 2022 and April 2023 the police received 6,732 reports of spiking. Of those, just four—0.05%—resulted in a charge. On average, we had 561 reports a month, with the majority coming from females who believe their drink was spiked, although spiking can affect anyone. Some 957 of the more than 6,000 reports included needle spiking.
Spiking is a dangerous and invasive crime that creates both immediate physical danger for victims and long-term psychological impacts. The words in the statement are all well and good, and the Minister knows she has my full support, but we must also recognise that this Government’s record on issues relating to violence against women and girls has been one of dither and delay. Stronger action is always welcome, but why has it taken the Government so long to act? The Home Affairs Committee published its report on spiking in April 2022, which is more than a year and a half ago.
Labour has repeatedly called for action on spiking, including the creation of a stand-alone criminal offence that would make it easier to prosecute, easier to raise awareness, and easier for people to come forward to report what has happened and point to crystal-clear breaches of the law. There has been years of campaigning and advocacy about the epidemic of spiking here in the UK but, once again, the Government have sadly dragged their feet. Since the Select Committee published its report, there have been two freshers weeks, two years of festive parties and two years of music festivals. During that period, more victims have been left vulnerable to this awful crime.
Where is the urgency when it comes to tackling violence against women and girls? The Government’s response has been pitifully slow. The report published by the Government today on the nature and prevalence of spiking, which is required as part of the Police, Crime, Sentencing and Courts Act 2022, was originally due to be published on 28 April—nine months ago—but has been delayed time and again. That simply is not good enough. In the months of delay, dangerous criminals will have been let off, and victims have been consistently let down.
While it is positive that the Government are now bringing forward legislative changes to create more clarity about the criminality of spiking, it has taken too long for them to accept the significance of the problem. Last year, the National Police Chiefs’ Council told the Home Affairs Committee that poor data quality and the absence of a clear criminal offence presented a challenge in policing spiking. It said:
“A more defined standalone offence of spiking would help understand the scale of the problem”
and
“enable a far more accurate picture to be realised”
than through the current approach. Chief constables told the Committee that a defined offence for spiking would also allow enhanced support for victims, but last December, in response to the Committee’s report, the then safeguarding Minister, the hon. Member for Derbyshire Dales (Miss Dines), said
“we have concluded that there is no gap in the existing law which a new offence would fill”
and that introducing a new specific spiking offence
“would not increase the likelihood of charging or prosecuting an offender for spiking offences.”
Yet we now understand that there will be legislative amendments to update and modernise existing offences to make the offence explicit and capture the modern-day nature of the threat. The Minister has acknowledged:
“Whilst the offence is nominally covered by existing laws, this comprises a patchwork of different laws—some now well over a hundred years old—which were drafted to cover other kinds of offending.”
That is a clear admission that the current legal framework is not fit for purpose, but it has taken the Government more than 18 months to accept and put forward changes to rectify that.
The Minister has made a personal commitment in her new role to go further than her predecessors, and I commend her for that, but Labour remains concerned that these tweaks to existing laws will fall short of doing the right thing of creating a stand-alone spiking offence. We fear that the Government’s approach simply will not go far enough and will not provide the clarity and focus required for all involved. That being said, we will eagerly await the detail of any amendments and will scrutinise the proposed legislative changes in Committee.
The Government are right to say in their report that night-time economy venues are areas of opportunity for safeguarding and prosecutorial support, and that the early collection of evidence, identification of perpetrators and the ability to support customers are key. There is no doubt that as well as getting the criminal justice system to take spiking more seriously, we need much more prevention work in clubs, bars and pubs and joint working between premises and the police to catch perpetrators. The Government’s new training plan sounds like a step in the right direction, but we are concerned about the small scale of the new programme. The announcement talks about training hundreds more door staff, but we know that there are tens of thousands of venues up and down the UK where these crimes are being committed regularly. How on earth does the Minister expect even to scratch the surface of the issue with those numbers?
We urgently need to see more detail to understand how impactful the changes will be. For example, can the Minister set out exactly how the new training will work, including how many venues will receive training, whether it will be voluntary or mandatory, and what happens if venues fail to engage or repeatedly ignore spiking incidents at their premises? We need a robust and comprehensive approach across the country; this should not be opt-in. We also need a proper national strategy for dealing with this abhorrent crime, which would include looking at the licensing arrangements for late-night venues where these crimes take place.
Tackling spiking at its root is a huge challenge. The Government have had 13 years to get it right, but the simple truth is that the Tories have been too focused on their own in-fighting rather than tackling issues such as spiking, which pose a genuine risk to women up and down the country. I urge the Minister to be bold in her commitments—I know that she will be—and I sincerely hope that she will work hard to rebuild the trust that women and girls have lost over the last decade when it comes to feeling safe in our communities.
First, on the hon. Lady’s observation that few such cases result in a charge, if I may correctly her gently, the principal reasons the police have given for that are: too few people coming forward in the first place, which we hope this legislative change will address; the narrow window of time in which a urine sample can be accurately tested, which is one reason why we are funding further research into rapid, on-site testing; and the difficulty in establishing who is doing the spiking. Simply, the difficulties that we have identified and spoken to the police about come at every level in the process. We are changing the law to make spiking crystal clear so that public confidence is improved and victims feel encouraged to come forward, because that is the first bit of the jigsaw.
Secondly, on the scale of our response, from the bouncer on the door of the club in the small town to the statute book, we want to change the response to spiking at every level. Whether it is a question of a friend reporting an incident, a victim coming forward, a test being done more rapidly, or the police having any doubt about which of the provisions under statute apply, it will be crystal clear.
Thirdly, the hon. Lady talked about developing an accurate picture of where spiking takes place and how we develop the response accordingly. That is the focus of the reporting tool, which a member of the public can use to report an incident of spiking even if they are not affected and it appears to have happened to someone at a table on the other side of the room. The tool will enable the police to develop an accurate picture—some of which we already know, some we are less clear about—to see the extent of it, where it happens and how we can focus resources.
Could the Minister expand a little about perpetrators? We know that spiking is done for a variety of reasons: perhaps to effect a sexual assault, physical assault or robbery; or just for entertainment, particularly to humiliate individuals. What other steps are the Government taking alongside this legislative clarity—which I welcome—to ensure that those people who still think it is okay to humiliate, embarrass and assault women get a clear message that it is culturally unacceptable?
My hon. Friend asked, very properly, questions about the reporting and the timeframe. I do not have an answer for him, but I will take his questions back to my officials and see whether we can set a sensible timetable for when he and others can expect some report from the Home Office on what is being done, how effective it is, and what difference it will make. On the question of updating legislation, everyone who has read the published report will be aware that there was a difference of opinion, with some police officers expressing the belief that existing law covered this offence. However, in the life of the current Parliament there have been other important ways in which we have changed the law when some would have said that an offence was already covered. One example is non-fatal strangulation. I have spoken to criminal barristers who say they are securing convictions for that offence in circumstances in which they would not have necessarily done so in the past, and I hope that we will see the same difference in this instance.
“perhaps only the tip of the iceberg”.
Will the reporting tool enable anonymised cases to be reported, so that we can have a better sense of the scale of this crime?
Bill Presented
General Medical Council (Fitness to Practise) Rules (Amendment) Bill
Presentation and First Reading (Standing Order No. 57)
Daisy Cooper presented a Bill to provide that an allegation concerning a medical practitioner’s fitness to practise may be considered by the General Medical Council irrespective of when the most recent events giving rise to the allegation occurred; and for connected purposes.
Bill read the first time; to be read a second time on Friday 26 April 2024, and to be printed (Bill 142).
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