UK Parliament / Open data

Criminal Justice Bill

Proceeding contribution from Richard Graham (Conservative) in the House of Commons on Tuesday, 28 November 2023. It occurred during Debate on bills on Criminal Justice Bill.

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.

5.54 pm

Type
Proceeding contribution
Reference
741 cc784-5 
Session
2023-24
Chamber / Committee
House of Commons chamber
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