Simon Harris (Wicklow, Fine Gael) | Oireachtas source

First, I am delighted to be here to take this legislation. I thank my colleagues in the Fine Gael Parliamentary Party and the Fine Gael Seanad group for tabling this legislation and for working so proactively on it. I am delighted we have an opportunity to discuss it.

I thank the members of Young Fine Gael for all their work. Whatever people's political persuasion in this House, is it not great that we live in a country where young people can join a political party, put forward ideas, speak for their generation and have those ideas debated in the Legislature? That is what it is about. That is why we all get involved. In an era of great cynicism, it is so encouraging to see young people having that opportunity to bring about change. I thank them for all their work on that.

Let me start clearly by acknowledging something. Spiking is a serious crime. Spiking has real effects. We need to call that out. While we will have a debate about whether the legislation should be stronger, and I believe it should, let us not in any way, shape or form cut across a very important message that spiking is a crime today and that spiking has extremely serious effects. Spiking victims, as others have said, describe experiencing feelings of embarrassment, shame, loss of confidence and trauma. These have real lasting repercussions on somebody's well-being and sense of self-worth. Incidents of spiking have a real effect on everyone else. They undermine people's confidence. As Senator Doherty spoke to so well, there is even the fear or worry on a night out as to whether you are safe, can enjoy the night and can be at ease in a social setting.

We have seen spiking increase over recent years. We saw a low of 12 cases in 2020 and a significant increase, to 106, in 2022. To take the point, that is only what we know about. That is probably only scratching the surface in terms of the reality of both spiking offences and, indeed, the related fear, the threat and the worry. The sexual assault treatment units have also reported an increased prevalence of spiking in the people who are turning up seeking treatment and support for being sexually assaulted. Spiking, according to those units, is now becoming a bigger part of that conversation that those healthcare professionals are having with victims and survivors of sexual assault.

This conversation could not be more timely. It could not be more important. I need to state for the record at the outset that spiking is a criminal offence. In terms of existing law, section 12 of the Non-Fatal Offences Against the Person Act 1997 provides for a general poisoning offence. It applies to anyone who intentionally or recklessly administers a substance capable of interfering substantially with another person's bodily functions without that person's consent. The spiking does not need to have succeeded, either in interfering with the victim's bodily functions or in enabling any further offence. If you administer a drug capable of having those effects, you are committing a crime. If the drugging is done with an intent to commit a further offence, be that a sexual offence, a theft or anything else, then a person may be charged with the substantive offence as well as a poisoning offence and will face the heavy penalties associated with those offences. For example, sexual assault carries a sentence of up to ten years' imprisonment. Those committing aggravated sexual assault or rape face up to life imprisonment. I say that not to take away from the argument for legislative change but because it is extraordinarily important that anyone following this debate does not think that spiking, in any way, shape or form, is legal. It is not. It is illegal. It is a criminal offence, and with that come sanctions.

There are ongoing discussions with the Garda, particularly on how we build a deeper understanding of the prevalence of spiking and how we get and garner better data in this regard. I have also sought formal submissions from both An Garda Síochána and the Director of Public Prosecutions on those issues and on the issue of legislative change. There is real work to be done to see how we tackle spiking.

The Government is pleased to allow this legislation progress to the next phase and that it would pass Second Stage in the Oireachtas. That then allows us get to the nitty-gritty of the legislative process.

While there is a strong argument around legislative change, everybody recognises, as has been noted several times in the House this afternoon, that this can be only part of the answer.Alongside legislation, as Senator Ward referenced, there needs to be a significant public awareness effort. This is a view shared by student unions across the country. I have worked on the issue with the Union of Students in Ireland, USI. It is an issue on which Young Fine Gael has a strong view. My Department and that of my colleague, the Minister, Deputy McEntee, teamed up in December 2021, in collaboration with the USI, to launch an awareness campaign to combat spiking. I want to do much more on this issue. As Senator Ward noted, we have a good record in this country of public awareness campaigns that are very punchy and impactful, the current campaign on the sharing of intimate images being one example. We need to look at how we can do the same in regard to spiking.

The campaign we ran in 2021 included information on how to tell whether a drink has been spiked, acknowledging that most drugs used in this manner are tasteless, colourless and odourless. That is one of the frightening aspects of this issue. It leads to a sense of disempowerment, as I have been told by students, young people and everybody else to whom I have spoken. Despite the drugs being tasteless, colourless and odourless, there can be signs of their ingestion in a person's behaviour or body language, and there are steps to take if it is suspected that spiking has occurred.

One of the issues we focused on in the previous awareness campaign was ensuring that people working in the night-time economy are aware of the signs of spiking. We need to do more of that. How many times has a bar worker or door person, not through any badness, thought someone had just had a few too many drinks and asked them to leave, perhaps on their own. They were completely ignorant to the fact the person's drink had been spiked and he or she was in an extraordinarily vulnerable and dangerous position. From speaking to industry representatives, I know there is a real appetite and willingness to be better informed and engaged on this issue. I am sure the industry will work with the Government to address the problem. The public awareness and training aspect, alongside the legislative measures, is an important and necessary tool.

It is important to emphasise, both for those who have been victims of spiking and for those who have perpetrated and continued to perpetrate the crime, that spiking is an offence. Anybody who has been affected by spiking absolutely should report it to the Garda. Reports will be taken seriously and will be investigated. People who have been a victim of sexual assault or any other offence in which spiking was involved will be accorded all the proper supports. While a new criminal offence of spiking may assist in prosecution, and Senator McDowell outlined some of the reasons and rationale for that, it is important for people to be crystal clear on the law as it is today, which already provides that spiking is an offence.

Thanks to the enthusiasm of the Fine Gael Senators, this Bill has come to the floor of the Seanad relatively quickly. We will work with colleagues to tease out its provisions. The Department has pointed to a number of technical issues. That is fine. It is what the legislative process is about. We may need to look at the issue of spiking more broadly. We may need to consider the broad range of conduct that may be involved. As mentioned, spiking sometimes does not necessarily involve drugs like GHB being slipped into drinks. It can involve administering so-called recreational drugs and prescription medications. It may also be as simple as overly concentrating someone's drink. The question of how we broadly capture what we are all intending to do with this legislation is an important area of debate. We are rightly focusing on the more malicious forms of spiking, but we also need to consider that doubling up someone's drink unbeknown to him or her is not a joke. The person has not asked for it and does not know the amount of alcohol being consumed or the impact it could have on his or her bodily autonomy and well-being. Even if there is no malicious intention, people who interfere with another person's drink, in whatever way they interfere with it, do not know how that person's body will react. They should understand the danger in which they are putting the person. That is a really important point. If one meets a person for a drink on a night out, one does know what the person's health is like or everything about the person. Even doing things without malicious intent can have devastating impacts on someone's health and well-being.

We need to explore the full extent of this issue. My Department wants to work with the Oireachtas to find out how prevalent this practice is, what forms it takes and why it is not being reported. We should be concerned that it is not being reported and work out what steps can be taken to improve that. I do not believe there were only 106 incidents in 2022. I have no evidence otherwise, but the number seems very low based on the feedback I hear from public representatives, students and young people. We need to look at the features of the conduct involved. We must ensure the legislation is operable from the perspective of the Director of Public Prosecutions, DPP. I look forwarding to working with Members on the Bill as it progresses through the Oireachtas.

In the short term, we need to ensure there is support available when people experience spiking. Crucially, we must ensure that victims know those supports are there. I call on Young Fine Gael, all youth political parties, student unions and all public representatives to signpost those supports right now. We can all help in this way today. Aside from medical services and the Garda, victims can find support from the crime victims helpline, rape crisis centres and sexual assault treatment units. Spiking victims can be all ages and genders. That is important to say. They should know they will be heard.

The majority of spiking offences occur in pubs and clubs. Those venues must be supported and motivated to help to eliminate spiking. Aside from a moral and legal duty, it is simply good business to look after customers and ensure that they have a safe environment. We will continue to engage with venues to ensure security staff are sufficiently trained to recognise the dangers and how they can engage with and help victims. The same needs to be done with the operators of musical festivals, where, again, a victim can be at particular risk in an unfamiliar environment, surrounded by people he or she does not know.

Let us send a clear message that there is no acceptable reason for spiking. Regardless of whether it is associated with further malicious intent, it can have absolutely devastating consequences for victims. It is already punishable in law, and there is a view from the Oireachtas that we should do more in that regard. If someone believes that their drink has been spiked, they should get help immediately from someone they trust, whether a friend, family member or, if at a bar, the security staff or the Garda. If they have serious symptoms, they should go an emergency department. If they do not have severe symptoms, they should contact the Garda straight away. The more quickly people report, the more they will be able to assist the Garda in getting samples, taking tests and gathering evidence.

This Bill is a really important piece of work. Still wearing my dual ministerial hats, it is a welcome political and legislative development. The Minister, Deputy McEntee, and I look forward to working with Fine Gael Senators, Senators from all political parties and the Government to engage on the Bill and get it right. In one of my final public acts as Minister for Justice, I am pleased to support its progression and the excellent and thorough work of Young Fine Gael in bringing it to this point.