Aodhán Ó Ríordáin (Dublin Bay North, Labour) | Oireachtas source

I move amendment No. 5:

In page 8, between lines 23 and 24, to insert the following: “Administering a substance with intent (“spiking”)

11.The Act of 1997 is amended by the insertion of the following section after section 12:

“12A.(1) A person who administers to or causes to be taken by another person (‘C’) a drug or other substance—

(a) knowing that C does not consent to what is being done, and

(b) with intent thereby to stupefy or overpower C so as to enable himself or herself or any other person to engage in sexual activity with or involving C,

is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a Class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or to both.

(3) In subsection (1), ‘sexual activity’ has the meaning assigned to it by section 2 of the Criminal Law (Sexual Offences) Act 2017.”.”.

I thank the Minister and her officials. This amendment aims to provide for a specific offence of "spiking", that is, "administering a substance with intent". The amendment states:

The Act of 1997 is amended by the insertion of the following section after section 12:

“12A.(1) A person who administers to or causes to be taken by another person ... a drug or other substance—

(a) knowing that ... [that person] does not consent to what is being done, and

(b) with intent thereby to stupefy or overpower ... [that person] so as to enable himself or herself or any other person to engage in sexual activity with or involving ... [that person],

is guilty of an offence.

The Minister will be aware of this activity. People on nights out are conscious of it, and many sexual assaults and rapes occur following the action of spiking. What we intend with this amendment is to provide for a specific offence of the spiking of a substance, that is, a drink, that a person may be consuming.