Niall Collins (Limerick County, Fianna Fail)

On behalf of the Minister, Deputy O'Callaghan, I thank Deputy McGrath for submitting this Topical Issue and acknowledge the concerns raised in relation to the very serious issue of drink spiking. Spiking is a crime that preys on vulnerability, that undermines consent and that can have devastating consequences for victims. The Government is committed to taking a zero-tolerance approach to domestic, sexual and gender-based violence.

The final implementation plan for the third national zero-tolerance strategy on domestic, sexual and gender-based violence was launched in June and sets out the delivery targets and collective action needed to tackle domestic, sexual and gender-based violence to the end of 2026.

The programme for Government also includes a commitment to introduce stronger laws to combat the spiking of drinks. Currently, there is no specific crime type of spiking. Spiking may be reported as an independent offence in the form of poisoning, or it may be used by offenders to facilitate the commission of other crimes. Spiking a person’s drink or spiking someone by injection are, in effect, poisoning offences under the Non-Fatal Offences Against the Person Act 1997, which can result in a three-year prison term. Section 12 of that Act applies to anyone who intentionally or recklessly administers a substance capable of interfering substantially with another person’s bodily functions, which explicitly includes inducing unconsciousness or sleep. A person guilty of the offence of poisoning may be subject to a maximum penalty of three years’ imprisonment. Depending on the nature of the substance administered, it may be possible to charge a perpetrator with endangerment under section 13 of the Act. This provides that it is an offence to intentionally or recklessly engage in conduct that creates a substantial risk of death or serious harm to another. The offence of endangerment carries a maximum penalty of seven years’ imprisonment.

An Garda Síochána takes all reports of spiking seriously and investigates thoroughly to determine the exact nature of each incident, including through the results of toxicology reports. The nationwide roll-out of the divisional protective services units has ensured that victims of domestic, sexual and gender-based crimes presenting to An Garda Síochána are met with a consistently high standard of specialist, sensitive, professional and expert assistance. There is now a protective services unit in every Garda division. An Garda Síochána advises any victim of an incident or spiking to report it to their local gardaí. The Garda continues to engage with partner agencies in monitoring the reporting of these matters for early warning of any identified patterns. These partner agencies include the HSE, the Health Protection Surveillance Centre and the Health Products Regulatory Authority. Any incident of this type, including those where there is evidence to suggest a link with spiking, will be investigated either by local gardaí or those supported by or attached to the divisional protective services unit.

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