Seanad debates
Wednesday, 31 May 2023
Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023: Second Stage
10:30 am
Victor Boyhan (Independent) | Oireachtas source
-----but I think there was something in that. That should be commended.
In the media this morning, I read something that suggested the Minister has recommended that the Government does not oppose the amendment that would make drink spiking a new offence, but added that the subject needs further consideration before the Bill becomes law. That was attributed to the Minister, and I take it from his nod that it is correct. That is common sense. That is the great thing about the Seanad; we can polish up legislation, improve it and engage with people.
Ultimately, at the very kernel of this issue is the challenges that exist and the need for the legislation to address the matter of people being overpowered, sedated and becoming victims for the purposes of engaging in sexual acts, causing harm, making a gain, causing loss or otherwise. These are really serious issues. Forget about the style, forget about the wording and forget about the legislation. That is what the Fine Gael Senators are using their legislative time to try to do here today. They clearly heard about personal experiences from their own members and they are responding to them. I commend them on that.
I have a suggestion. The offence of poisoning already carries a maximum sentence of three years. That is already provided for in Irish law. That is a point the Minister made, and we must not forget it. This is just a proposal or a suggestion. Can we suggest that the Bill be amended to make it an offence to be found in possession of any substance in circumstances giving rise to a reasonable inference that it was intended to enable a spiking offence? That is a bit challenging and long-winded. The suggestion is that the Bill might be amended to make it an offence to be found in possession of any substance in circumstances giving rise to a reasonable inference that it was intended to enable an offence of spiking. That is worth looking at.
I commend this legislation. I am very happy to support it. I again thank all the people who are involved. I particularly thank my colleague and friend, Senator Ward, and Senator Doherty. Both have done a lot of work in preparing this Bill. There is a lot of engagement here. There is the basis for and the genesis of something important. It does need a bit of fine-tuning, but I think that has been accepted by all sides in this House.
I said this the other day but I want to say it again - I wish the Minister well. I have known and admired him for a long time. He has done an enormous amount of work as Minister for Justice. It is very clear that he has given it everything right to the very last. People acknowledge that. I said the other day that when he became the Minister for Justice, we saw him that evening down in Limerick. I thought this was a guy who was on the job and who was down meeting our gardaí, our law enforcers, the citizens, the councillors of Limerick city and talking to people involved in the area of justice. The strong line of being heavy on crime is something the Minister has focused on. I know it is the backbone of Fine Gael policy. I would like to think it is the backbone of all our policies. It is something he has honed in on as the Minister for Justice. I genuinely wish him well.
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