Seanad debates

Wednesday, 31 May 2023

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

 

10:30 am

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

Tá mé ag labhairt ar son mo ghrúpa. Ar dtús báire, gabhaim buíochas leis an Aire as an méid a dúirt sé agus as an tacaíocht a thug sé don Bhille. Má thuig mé an rud a dúirt sé i gceart, tá tacaíocht an Rialtais agus tacaíocht na Roinne ag teacht. Táimid go léir ag tnúth go mór le Céim an Choiste dul tríd an Teach seo agus go mbeadh an Bille mar dhlí go luath. Tá súil againn go léir go dtarlóidh sé sin.

I hope I have properly understood what the Minister said but the support the Government has given to this Bill is very important. I am conscious of the suggestion that it might also fit into the Criminal Justice (Miscellaneous Provisions) Bill. It is something we had thought about but we thought that, given there is a stand-alone Bill, this is an important thing to put down. If there is room in the miscellaneous provisions Bill, well and good, and we would certainly be open to that idea as well if it would progress matters more quickly.

It is very heartening to see the support from all quarters and all parties within the House. It is something that goes to the importance of this issue and the fact it is not controversial that we would create a stand-alone offence. It is very important we have that support from all parties and all Members.

I also take on board what has been said in terms of changes that might be made. For example, there is no provision within it for attempt, and that is definitely something that could improve it. Senator Boyhan raised the idea of possession of material that might reasonably be suspected of being used in spiking, which is a reasonable suggestion as well, although I am aware that has attracted controversy in the context of the hate speech legislation. I do not know if the same Members would object to it in the context of this legislation but I think it is a reasonable suggestion.

We have explored today some of the instances in which spiking can occur, and the Minister himself mentioned doubling up on drink measures and so on. That is something that would not be covered, in my view, by section 12 of the Non-Fatal Offences Against the Person Act 1997, and that well-made point highlights, for example, the deficits that exist within the poisoning legislation as it stands in addressing spiking specifically. I welcome what the Minister said about the importance that is placed on this by the Government but also the fact he has addressed this with the industry sectors because they will play a very important part in addressing these issues. I still think that having this as a stand-alone offence will help and equip them to do so.

It is also very important for us to put out the message that reporting is important. I agree with the Minister that when we hear the number of these offences that are being reported to the Garda, we all suspect it nowhere near reflects the number of actual instances. Therefore, people need to understand they can report this. Senator Lombard gave the example of the man in Cork who woke up with no watch, no wallet and no phone, and no idea what had happened. That may well happen but reporting it to the Garda then puts it in its hands for an investigative process. People will be astonished by what gardaí can find through that investigation, whether it be CCTV, a witness statement, something somebody saw or whatever it might be. Reporting is the first step to dealing with this, because if people do not report it, the Garda cannot take those steps. Even though a person might have no knowledge of what happened, others may, and reporting allows the Garda to take steps in that direction, which is a very important aspect of this.

As to why people do it, the Bill specifically widens the idea beyond simple sexual motives, and we have heard from other speakers that spiking can occur for theft and a range of other nefarious intentions. Whatever the intention, whatever the reason, it is unacceptable.

I am grateful to all Members for the statement that they agree that spiking is something we need to tackle. I also reiterate my thanks to Young Fine Gael. When I mentioned some of the members in the Visitors Gallery, I left out Caolán Maguire and Kuruvilla George, who are also here. It is great to see them, and the work they have done is a credit to them. It has also been mentioned that it is a reflection on what it is possible to do when you involve yourself in politics and how far you can bring an idea like this. I welcome what was said by other Senators. Senator Horkan said this is an issue that has clearly been brought to Young Fine Gael. Their colleagues and contemporaries have said this to them. They have identified the issue, they have brought it here and they have come with a solution.

I hope the Minister heard what we had to say. I welcome his support. I welcome the progress of this legislation into law so we can send out that very clear message, but it should progress into law quickly. Let us not leave it resting on the shelf. Let us get it done. It is a short Bill and it is very clear. We will improve it in whatever way the Department thinks it can be improved, but let us get it onto the Statute Book and let us get that public information campaign the Minister referred to under way and out there so everybody understands just how pervasive and how unacceptable this is.

Comments

No comments

Log in or join to post a public comment.