Seanad debates

Wednesday, 31 May 2023

Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023: Second Stage

 

10:30 am

Photo of Gerry HorkanGerry Horkan (Fianna Fail) | Oireachtas source

I am absolutely in agreement with the concept of having a stronger punishment for spiking. The provisions in that regard are welcome. I congratulate Young Fine Gael, which is not something I often do. That will be chalked down and may be used against me at some point. I did not know Young Fine Gael was founded in 1977. I wonder whether Ógra Fianna Fáil being founded in 1975 might have prompted people in Fine Gael to do something similar a couple of years later when they saw that it seemed to be working for Fianna Fáil. The late Séamus Brennan, who was general secretary of the party at the time, founded Ógra Fianna Fáil. We hope to celebrate its 50th anniversary in two years' time.

I congratulate the Fine Gael Senators on their work on the Bill. In acknowledging the importance of the topic it addresses, it must also be acknowledged that there surely were many more incidences of spiking than 12 in 2020 and 106 in 2022. There are probably a lot of people who have been spiked on a night out who put down what they experienced to having a drink too many, not eating that day or the effect of being on a painkiller because they hurt their ankle playing football. The Minister made an important point about people getting others double measures when they asked for a single and consequently taking more alcohol than they thought they were taking. There is also the factor that certain lagers, for example, are much stronger than others. All of a sudden, people have consumed quite a bit more alcohol than they expected because they did not realise it was 6% strength rather than 4% or whatever. The Bill has absolute merit and it is very helpful to have a debate on it. The briefing notes seem to have come from the Department of Justice because they include many of the same points the Minister made.

The link between spiking and sexual violence is an important point. An additional risk is that if somebody manages to disable a person, it is possible to access that person's device using his or her thumbprint and thereby log on to his or her banking app and start moving money around. The opportunity for sexual violence is obviously the worst scenario.Equally, an awful lot of harm can be done by accessing people's bank accounts and if the affected persons just happen to be in a state where they end up getting hit by a car, a Luas tram, a taxi or a bus at night because they are not in the place where they thought they would be. Spiking is extremely dangerous. Every pub, nightclub and festival wants to stamp out spiking, and does not want to get a reputation for being a venue where spiking happens. I have worked with the licensed vintners and others in the nightclub industry, etc. and I know that they do not want this activity on their grounds. They do not want customers who are far more inebriated than expected.

The sexual assault treatment units have released figures that show 15% of attendees have reported spiking. Clearly, 15% of attendees is far more than 106 people in 2022. The fact that we are having this debate means we can think about it and raise awareness so that people know spiking happens. Clearly, spiking happens a lot because the Fine Gael Party does not undertake to roll out a campaign that affects nobody. It is doing it because the issue has clearly been brought to its attention.

I will paraphrase the Minister who said that it is a "worthy" aim to recognise this type of assault. Perhaps the Bill needs a bit of work. The former Minister for Justice and Attorney General said he can see a few things he would change in the Bill. Let us do it, get this Bill to the next Stage and do not leave it lying idle for between 18 months and three years. Let us do whatever we need to do with the legislation and deal with this matter. Clearly, there is a very short sentence required, and not being able to arrest somebody if you see them spiking is not acceptable.

As the Minister pointed out, it is not just young people but it is significantly young people. In a busy environment where a needle can, say, be administered into the back of a person's thigh or shoulder the victim would not even notice spiking happening. We need to raise awareness of all these things much more and ensure people are familiar with spiking.

I have just come from a meeting about cybercrime. I know cybercrime is everywhere and is always around. I have three notifications on my app today that I need to use a particular code from the Bank of Ireland to continue banking. I do know whether somebody is trying to get into my account or whatever but I hope not.

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