Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank Deputy Cahill for his very important question. As he will be aware, spiking is a crime that preys on vulnerability, undermines consent and can have devastating consequences for victims. I want him to know that as Minister, I am committed to the Government's zero-tolerance approach when it comes to all forms of domestic, sexual and gender-based violence. Regrettably, it is the case that spiking incidents are generally accompanied by sexual offences as well.

The programme for Government includes a commitment to introduce stronger laws to combat the spiking of drinks. Spiking a person’s drink or spiking someone by injection, which can happen as well, are, in effect, poisoning and are criminal offences under the Non-Fatal Offences Against the Person Act 1997 that can result in a term of imprisonment. Depending on the nature of the substance that is administered, it may be possible to charge a perpetrator with endangerment under section 13 of the Non-Fatal Offences against the Person Act 1997, which provides that it is an offence to intentionally or recklessly engage in conduct which creates a substantial risk of death or serious harm to another. The offence of endangerment carries a maximum penalty of seven years' imprisonment.

I know that An Garda Síochána takes all reports of spiking seriously and thoroughly investigates such reports to determine the exact nature of each incident, including results of toxicology reports in each case. I know Deputy Cahill will join me in advising all victims of these incidents or any form of spiking to come forward and report them to the local Garda. On the measures in place to ensure timely Garda statements and preservation of evidence where a victim is incapacitated, I am informed that on receipt of a report of any crime, gardaí are duty bound to gather and seize evidence at a crime scene. It is also extremely important that we procure the evidence promptly. If somebody believes they have been spiked, it is important for them to report it to the Garda in order that a toxicology report can be obtained to ensure the crime can be prosecuted.

See this speech in context