Michael Cahill (Kerry, Fianna Fail)
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89. To ask the Tánaiste and Minister for Justice and Equality the measures in place to ensure timely Garda statements and preservation of evidence where a victim is incapacitated; the measures in place in Garda stations to ensure suspected spiking incidents are treated as crimes, investigated promptly, and supported by appropriate policing protocols; and if he will make a statement on the matter. [68475/25]

Michael Cahill (Kerry, Fianna Fail)
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I ask the Minister to outline the measures in place to ensure timely Garda statements and preservation of evidence in suspected spiking incidents where a victim is incapacitated. What measures are in place in Garda stations to ensure suspected spiking incidents are treated as crimes and investigated promptly? Are these measures supported by appropriate policing protocols? Will the Minister make a statement on the matter?

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

Michael Cahill (Kerry, Fianna Fail)
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I thank the Minister for his detailed response and I welcome everything he said. I believe the numbers involved are increasing. I am basing that on reports coming to my constituency office, and telephone calls and meetings I am having with young women and, on occasion, young ladies with their mums.

Sadly, the Minister is correct in saying that many of these suspected spiking incidents involved rape. I believe we need to protect our women. We need to do everything humanly possible. Of course, it is difficult to prove, in that the person may have one or two drinks as well. Can the Minister outline in more detail the protocols that are in place for a patient who presents at the accident and emergency department and reports suspected drink spiking and the reason hospitals do not carry out intoxication testing in these cases, especially when requested by patients and families?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I agree with the Deputy. This is an extremely serious offence. It is an offence that is targeted predominately against women so that other serious sexual offences can be perpetrated against them. Gardaí inform me that incidents of spiking are more commonly reported alongside other primary offences.

I also regret to say that it appears that the number of incidents of spiking is significant. I am informed by the Garda that of the 60 reported incidents in 2024, 28 were drink spiking, a needle was used in ten and the method was unknown in 22. There were fewer than ten prosecutions initiated relating to fewer than five of those incidents reported during the 2022 to 2024 period.

If you believe you are a victim, obviously report it to the Garda. Gardaí will refer you to the appropriate hospital if they do not have the facilities to take the toxicology test, which is the case in many instances. It is important there is co-operation from hospitals and I believe that co-operation is present.

Michael Cahill (Kerry, Fianna Fail)
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I believe toxicology reporting and testing in these cases is critical and it should be carried out in all suspected cases. Will the Minister commit to establishing a clear national pathway across all hospitals and Garda stations to ensure suspected spiking incidents are treated and investigated promptly and supported, as I said, by appropriate clinical and policing protocols? I cannot emphasise strongly enough how serious this matter is. I genuinely fear that the number of such instances will increase. It is a sly way of people getting what they want. I would ask the Minister - he will be strong on this - to ensure that every measure is taken to ensure that the people who carry out these offences are prosecuted and treated extremely harshly by the courts.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I will raise with my colleague, the Minister, Deputy Carroll MacNeill, the protocols that are or could be put in place if someone presents at an emergency department who believes their drink may have been spiked or they may have been spiked. It is obviously important, if that occurred, for the purpose of the investigation that samples are taken so that proof can be provided that the spiking did, in fact, occur. It can be difficult for an individual, if it is left for a lengthy period of time, to prove that the spiking occurred when it did, and obviously the corresponding offence occurred when it did immediately after the spiking.

I was encouraged by the fact that my predecessor, the Minister, Deputy McEntee, launched an information campaign in December 2021 with the Union of Students in Ireland to raise awareness of the signs of drink spiking and to give guidance on how to help a potential victim. I think the Deputy will agree that this is a particular concern for young people, particularly students, when they are out socialising and having a good time. The Deputy is correct that it is a particularly egregious and nasty form of criminal act that seeks to make a person even more vulnerable than they may be on a particular occasion.