Spiking

Judith Cummins Excerpts

Thursday 14th December 2023 Westminster Hall

[Judith Cummins (Bradford South) (Lab)]

I beg to move,

That this House has considered the matter of spiking.

It is a pleasure to serve under your chairmanship, Ms Nokes. I wish to extend my gratitude to the Backbench Business Committee for granting this important debate. It is a timely debate, given that we are in the season of Christmas when, sadly, we would expect to see an increase in spiking incidents and the subsequent sexual violence primarily against women and girls. I thank my co-sponsor and Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), who is so ably chairing here today. I know she shares my passions and concerns about the subject and it has been a pleasure to work with her on the issue. I also thank hon. Members across the House who have given their support for today’s debate. I particularly want to thank the hon. Member for Gloucester (Richard Graham), who has worked relentlessly on the issue.

I want to highlight my support for the e-petition on making it a legal requirement for nightclubs to thoroughly search guests on entry, with a particular view to preventing date-rape drugs from entering nightclubs, and also the e-petition on funding free drink-spiking tests for all bars. Over 190,000 signed those two petitions, including many in my constituency of Bradford South. That reflects how strongly people feel about the subject across this country.

I will begin by briefly speaking to the enormity of the issue. Spiking is not new or rare in this country. In a YouGov poll of 2,000 people commissioned by The Independent, 11% of women and 6% of men said that they had been spiked. The National Police Chiefs’ Council told the Home Affairs Committee that

“the true figure of spiking occurrences are likely to be much higher”,

with estimates showing that 97% of spiking victims will never report the incident to the police. To protect innocent people across this country, the Government need to act urgently and Parliament must afford the victims of spiking the attention that they deserve.

A year has passed since the last time the issue received a full debate in this place—I see some familiar faces here today—but there has been little progress. We might have even gone backwards. At that time I stood in this very room and called for immediate action and I spoke of the need for a specific criminal offence for spiking. Last week the Prime Minister responded to a question that I posed in the Chamber about a specific offence on spiking by saying he remains satisfied that

“existing laws…cover the offence of spiking”.—[Official Report, 6 December 2023; Vol. 742, c. 335.]

The National Police Chiefs’ Council told the Home Affairs Committee that the absence of a clear criminal offence presented a challenge in policing spiking. It also said that a stand-alone offence would help police to

“understand the scale of the problem…enable a far more accurate picture to be realised”

and allow

“enhanced support for victims”.

I am sure that hon. Members across this place will agree that there can be no more dither and delay. A new stand-alone criminal offence of spiking is needed now. The absence of a specific offence for spiking is causing untold damage to innocent people across this country, particularly women and girls.

Freedom of information requests submitted by Channel 4 recently revealed that drug-spiking incidents reported to police have increased fivefold in five years, but the proportion of investigations leading to a criminal charge has fallen. The number of reports that were investigated by police and resulted in a criminal charge have dropped from an appalling 4% in 2018 to a shocking 0.23% last year. That is just one in every 400 spiking crimes reported to police resulting in a criminal charge.

The Home Affairs Committee report concluded that the absence of a specific offence for spiking, along with

“limited reporting, investigation and prosecution, means there are few deterrents for offenders.”

Indeed, with a charging rate that rounds down to 0% it is no surprise that victims do not have confidence in our current laws when it comes to spiking. There are currently seven separate criminal offences under which the crime of spiking can be prosecuted and, importantly, recorded. Five of those date back to the 1800s. It is time that Parliament took a stand against this injustice and created a stand-alone law on spiking that is fit for the 21st century. Throughout my time in Parliament, I have been active in highlighting the dangers of spiking at music festivals, and I have given evidence to the Home Affairs Committee on this issue.

Festivals are a big business, with some directly marketing towards 16 to 17-year-olds—so much so that they are now seen as a rite of passage on completion of GCSEs. Those who attend events can camp overnight, with festivals attracting populations equivalent to a small town; for reference, Leeds festival is attended by around 100,000 people. The police presence is minimal, and the lack of safeguarding training for members of staff can subsequently lead to severe issues with the non-reporting of spiking, sexual assault and rape. Indeed, a female survey respondent was quoted in the Home Affairs Committee report as saying:

“I got the impression that event staff…thought that I had taken drugs willingly as opposed to being spiked”.

That is a clear example of a victim not being believed or understood due to a combination of ignorance and a lack of safeguarding training.

It seemed an obvious and positive step forward when the Home Affairs Committee report recommended that all staff working at music festivals, including vendors, be given compulsory safeguarding training, and it was disheartening to hear that the Government do not intend to mandate training for all staff at events such as festivals. I urge the Government to reconsider that position, because this terrifying lack of safeguarding at music festivals is a clear blind spot and it cannot continue. Many hon. Members will share my view, and my experience, that what should happen to tackle violence against women and girls does not happen unless specific legislation is put in place to make it happen.

The National Police Chiefs’ Council told the Home Affairs Committee of its difficulties in getting a true picture of how widespread spiking is. To highlight the dangers at music festivals, I made a freedom of information request to nine different police forces regarding 11 of the most popular music festivals over the past 10 years. The findings were shocking. They included nearly 200 cases of reported rapes and sexual offences against children as young as 12, and 32% of the cases reported were against children under the age of 18. However, in the 10-year period to 2019, the data that I received recorded just 10 instances of spiking. Devon and Cornwall police gave examples of two spiking offences at Boardmasters festival recorded under the offence of administering a poison or noxious substance. At Reading festival, Thames Valley police noted a case of spiking, but it was recorded as sexual assault.

With cases of spiking reported under different offences in that manner, it makes understanding the scale and nature of this issue difficult. The opportunity to identify patterns in the crime is being missed, and the ability of our legal system and laws to detect, prosecute and prevent this crime—to seek justice for the victims—is undermined as trust is eroded, therefore feeding the cycle of under-reporting.

I therefore welcomed the news that, under the Police, Crime, Sentencing and Courts Act 2022, the Government were legally required to publish a report outlining the nature and prevalence of spiking in this country by April 2023. We are nearly eight months past that deadline and the report is still not forthcoming. The Government have failed in their legal duty to publish that report. In giving reasons for their delay, the Government argued that they had cause to consider with colleagues across Government whether their rationale for not introducing a specific offence for spiking was sound.

I suspect that, in being forced to gather data on spiking, the Government have now become aware of the difficulties in collecting and understanding that data, which is a direct result of the absence of a specific law on spiking. By failing to create a stand-alone law, the Government have been left blind in the face of even an issue so prevalent and widespread as spiking. The Government must publish their report on spiking, and I call on them here today to clarify if and when they will now publish that report.

In 2022 the former Home Secretary, the right hon. Member for Witham (Priti Patel), rightly stated that the Government were looking into

“a specific criminal offence to target spiking directly”.

However, in January 2023, a Home Office Minister carried out a policy U-turn by saying that a new law on spiking was unnecessary. Then, in a letter in July 2023, the Home Office said that it was reconsidering whether a specific offence was required. Last week, in response to my question, the Prime Minister suggested that he did not believe that a specific offence of spiking was necessary. On an issue that demands certainty and clarity, we have a Government who are uncertain and unclear on their position. In April 2023, in relation to spiking, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), the leader of the Opposition, clarified that

“an incoming Labour Government would make it a specific offence.”

There were 34 signatories to this debate across five political parties, so I know that there is broad support across the House to create a stand-alone law. This situation demands determined action. Will the Government stay true to their legal obligations and publish their report on spiking? And please, Minister, do not give me the kicking-it-into-the-long-grass response of, “Yes, but shortly”—just tell me when. Will the Government finally do the right thing and recognise spiking as a criminal offence in its own right? There can be no ambiguity here. Now is the time to act to defend the innocent victims of spiking and ensure that these vile perpetrators face the consequences of their serious crimes and feel the full force of the law.

[Caroline Nokes (in the Chair)]

I remind Members that if they wish to contribute they should bob.

--- Later in debate ---

[Judith Cummins]

Belatedly, I will say that it is a pleasure to serve under your chairmanship, Mr Efford.

I thank Members for their contributions and interventions; I am very grateful to them. I reiterate my thanks to the Backbench Business Committee for allocating the time for this debate today and to my co-sponsor, the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), for all her work in helping to secure this debate.

I also thank, once again, the hon. Member for Gloucester (Richard Graham) for all his hard work on spiking and I commend the Chair of the Home Affairs Committee, my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), for her outstanding work on spiking.

I thank the right hon. Member for Chelmsford (Vicky Ford) for speaking so movingly about the experience of her constituent, about the right of women to enjoy a night out without having to worry about spiking, and about the need to update the law.

I thank the right hon. Member for Tunbridge Wells (Greg Clark), who is no longer in his place, for his intervention, in which he spoke about the need to legislate for the protection and safety of women in public spaces.

I thank the hon. Member for Strangford (Jim Shannon), who spoke about his long-standing support for a stronger law on spiking, his constituent’s awful experience of spiking, his worries on behalf of young people everywhere, and—importantly—the need for a cross-departmental approach to student safety.

I thank the hon. Member for Gloucester again for speaking about the widespread prevalence of spiking and the sheer volume of victims, including those he had personally spoken to, and the drive of the perpetrators of spiking to “humiliate” their victims. But he also spoke about his optimism that change could be achieved, including the creation of a specific offence of spiking.

The right hon. Member for Romsey and Southampton North has so ably multitasked today, demonstrating both her chairing and speaking abilities. She spoke about the need to update the outdated laws and about the gold standard of safeguarding at Glastonbury, which is very important. It is unfortunate that other festivals do not emulate that gold standard and will not do so without legislation. She also spoke about the need for data to drive good law, which is another very important point.

I reiterate that this Government must abide by their statutory duty to publish their response to the report on spiking immediately. The Minister saying “shortly” again is not good enough, because it has been “shortly” for quite a long time now. It is clear from this debate that there is cross-party support to engage in legislative reform to make spiking a criminal offence. We must work to ensure that the trend of rising reports of spiking and lower charge and conviction rates is reversed, and that spiking is ultimately halted.

Now is the time for legislative action, now is the time to eliminate any ambiguity in our legal system that prevents understanding of the scale of this issue, and now is the time to create a specific offence of spiking, so that victims can have the confidence that they are protected by the law.

Question put and agreed to.

Resolved,

That this House has considered the matter of spiking.