Barry Ward (Fine Gael)
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I propose to share time with Senator Doherty. I will have ten minutes and she will have six.

Cuirim fáilte roimh an tAire inniú. The Minister is welcome to the House to discuss the Bill. This Bill is very close to the hearts of those in the Fine Gael group. It stemmed from an initiative taken by Young Fine Gael and a campaign it led in respect of spiking. Spiking, which I will talk about in a moment, takes a number of different guises, but I want to acknowledge the work done by the members of Young Fine Gael, particularly those who are present. I see Mr. Owen Gallagher, president of Young Fine Gael, Ms Beibhinn Byrne, Mr. Jamie Malone and Mr. Luke Corkery in the Gallery. A number of people have been involved in this campaign over many years, particularly from freshers week in the universities last September on. They brought this issue to the fore primarily because brought to their attention by their colleagues in universities throughout Ireland. They led a campaign, and the results they got back were shocking. So many students have experienced spiking. So many people have experienced this kind of unacceptable behaviour that they took the step of coming to our group and asking that a Bill be drawn up. They assisted with the drafting. We all had a hand in it. The result is the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023, which is being taken in this Private Members' business slot.

It is important to look at the context of assault in this country. Assault has been contemplated in law for as long as there has been law. For hundreds of years, it has been unlawful to assault a person.The law that governed Ireland for a long time was the Offences Against the Person Act 1861, which prohibited common assault, as it was called, and other forms of assault. The legislation with which we are most familiar is the Non-Fatal Offences Against the Person Act 1997, which was an attempt to reform the law, bring it up to date and put into law a categorisation of assault. There are three categories of assault under the Act: the first, provided for in section 2, is assault simpliciter; the second, provided for in section 2, is assault causing harm, and the third, provided for in section 4, is assault causing serious harm.

The Act has been amended in the interim because the reality is that although assault has existed for hundreds and thousands of years, the nature of assaults and the manner in which assaults can be rendered has changed. The 1997 Act was amended to include assaults and threats with syringes, for example. That reflected the fact that assault with a syringe was not something that existed in 1861. Increasingly, however, syringes have been used as weapons against people.

It is tremendously important that this Legislature and society in general recognise the damage that assault - that impermissible trespass on a person's body, personal space and security - has to be dealt with. Assault has hugely pervasive effects. What the Bill before the House deals with is perhaps the most modern iteration of assault. In bringing it forward, I am aware the Department feels a better way to do this would be to put it in the context of assault causing harm, because we know the harm is caused by spiking, and make it an aggravating factor in sentencing. Therefore, when somebody comes before the court for a section 3 assault or whatever, if the offence involved spiking, that would be an aggravating factor. That is to miss the point of what this legislation does. It is also to miss the pervasive element of what spiking is. We have defined spiking in the this short Bill, which deals with the matter quite comprehensively. The offence of spiking is created in section 2, which states:

(1) A person commits an offence if he or she intentionally— (a) administers a substance to,

(b) by whatever means, injects a substance into, or

(c) otherwise causes a substance to be taken orally by, another person—

(i) knowing that the other person does not consent, or being reckless as to

whether or not the other person consents, and

(ii) with the intention of overpowering, or sedating the other person, for the purposes of—

(I) engaging in a sexual act involving the other person,

(II) causing harm to the other person,

(III) making a gain,

(IV) causing a loss to the other person, or

(V) otherwise committing an offence with, or against, the person.

The definition is fairly wide because that is the reality of what spiking involves. In the context of the way spiking is used by people, it can, as is stated in section 2(1) occur as a result of someone dropping a pill into a person's drink in a bar when he or she is not looking.It can be through a tiny needle in somebody's shoulder or arm, of which they may not even be aware. Essentially, this administers into them a poison, which has a very significant effect on their ability to function, to have control of their body, and to be conscious of what they are doing. The stories we are hearing of people who have been the victims of spiking are quite extraordinary and frightening. This is not restricted to young women, although it is fair to say they are the bulk of the people who are directly affected by spiking, but it also affects young men.

Those who tell us about what has happened often do not know exactly what has happened but they know they woke up somewhere and do not remember getting there. They talk about being in a trance. In the past we referred to date rape drugs, where people were unable to stop what was happening. That is a tremendously frightening thing for any person to go through. Not only is it such an awful offence but it has a very significant effect on that person also. We are bringing forward in this Bill a stand-alone offence of spiking. It states that it is an assault, a poisoning. There are possibly other areas of the law which could deal with it but it is important that we, as a Legislature, put down a marker to say this is a particular type of offence which we will not tolerate. It is out there and needs to be recognised specifically in law as a type of assault which is worthy of its own recognition and penalties.

The Bill specifically prescribes the penalties in section 2(3) where for a conviction on indictment, the maximum term of imprisonment is ten years. It is also a serious offence and is something which we specifically acknowledge as being very serious. The effect it has on individuals, and long after it has happened, is very pervasive.

I hope the Minister will look at this Bill with a fresh eye and consider the argument we are making which is that a stand-alone offence is the only way we can properly mark this, as a Legislature, and properly send out the message to people who might be considering carrying out this kind of behaviour of just how serious it is.

I welcome the fact the Minister and his predecessor, the Minister, Deputy McEntee, have been particularly progressive in advancing a canon of offences which deals with behaviour that nobody is saying is acceptable or lawful but yet, in a way, slips through the legislative gaps. This is why we brought in laws like Coco’s law, together with the campaign which is ongoing at the moment to make people aware of the offence that that is, which is that it is not just an offence to share images of an intimate nature which are taken without permission but even to threaten to do so. It is absolutely right that we should be putting down these markers and making it clear to people not just how serious an offence it is but also mounting those public information campaigns which come with that to tell people that kind of behaviour will be met with serious consequences, with prosecutions, and with penalties of this kind of magnitude.

It is completely appropriate that spiking as a stand-alone issue would be added into that canon where it would become against the law, and against this particular Act, if it was passed. We would then mount that public information campaign and do so at the earliest possible stage because the reality is we know that today, this weekend, and over the summer these things will happen. There are young people in Ireland today who will be the victims of spiking in the coming months and, at the moment, there is in an inadequate legislative instrument there to penalise those who are responsible for that.

We are trying to take a very concrete forward step. This is not something we have dreamed up in the Fine Gael group but is something which has come from the experience of the members of Young Fine Gael, who went out and spoke to their colleagues and counterparts throughout the country, in universities and elsewhere, who found out that this was a real issue that was affecting people and who have come up with a concrete answer, a response, and a solution of sorts which will help us all to deal with this as a society, as a community, and as a Legislature. That is what is in this Bill.

I have never been a victim of spiking but I have spoken to people who have been and the effect it has on them is enormous and is not to be underestimated. I do not suggest for a moment the Minister does underestimate it but my concern is that if the answer from the Minister’s Department of Justice - and I recognise that it is the Minister’s Department only for a limited time hereafter - that we will mix it in section 3 assault, or with the existing poisoning laws, or whatever it might be; that fails to recognise the offences as a stand-alone matter and something that is worthy of its own section or piece of legislation, and something that will merit a public information campaign, hopefully, in the near future to send out that message.

The response from the Department of Justice in that vein is not enough and what this Bill is about and what the Fine Gael group is saying to the Seanad today is that this must be about putting down a marker and about sending out the message very clearly to people that spiking is serious, is an offence, has very significant implications for the people who are the victims of it, and that spiking will not be tolerated. We are taking serious legislative action. We are talking about serious penalties and people need to understand that if they are going to do that, they will suffer those serious penalties. I hope that the Minister will take on board in a genuine manner the need for legislation like this for a stand-alone offence and that we would put down that important marker.

Regina Doherty (Fine Gael)
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I thank the Minister for taking this Bill today. I speak on behalf of the entire Fine Gael group when I say that the drafting of this Bill would not have been possible without the work of Young Fine Gael. Yes, we put it on paper and our justice spokesperson, Senator Ward, translated it into legislative language, but we owe a real debt of gratitude to the YFG team here for bringing this issue to the fore in first place. Through its tireless campaign called #PricklessNight on college campuses, in meeting rooms and on social media, they have very much demonstrated not just to us but to themselves why they were established by Garret FitzGerald back in 1977 to be the conscience of the young people of our party, and to develop policies which directly impact and effect young people.

We hope the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023 will genuinely make a difference and will change the way our criminal justice system approaches spiking. This is this is something which is a real cause of worry for every young woman, every vulnerable man and, indeed, every parent of those young women and men.

We all know what spiking is and I do not believe I need to define it for the House or for anybody watching. We all agree that it is heinous crime. For the perpetrators, it is incredibly heinous and, in fact, in most cases it is used to put the victim, a vulnerable person, in the most vulnerable position to allow the perpetrator to take advantage of them either from a motive of a sexual violent crime, an assault violent crime, or indeed robbery.

For the victim, it is a violation of personal autonomy and consent and it genuinely robs them of their agency, it infringes upon their rights to make their own decisions independently, and it takes that away from them completely. It undermines trust and creates an atmosphere of fear and vulnerability. We all know that atmosphere is visible in pubs and clubs everywhere due to the mere possibility of spiking, whether or not the act has taken place. This is just the atmosphere it invokes and I very much do not think that should be acceptable to our young people and it definitely should not be acceptable to legislators.

Nobody should have to constantly look over their shoulder when they are going out for a pint on a Tuesday or Friday night, or for a dance on a Saturday night, and to expect somebody else to take advantage of them if they were put in that vulnerable position.

At the same time, I do not believe we can pretend it is not a reality and while the numbers from the Minister’s Department show there is a significant growth, the fear of the crime is far greater than those numbers show.

We cannot stop worrying about it and stop telling our daughters and our young fellows at home to mind themselves and not to worry themselves. We need to take action. We will be unapologetic in proposing that we make this a stand-alone Bill for the perpetrators of spiking. They have been known in the past as date rape drugs for a reason. God forgive me, but if that is the person’s intention then that person should definitely be going to prison.

Niall Ó Donnghaile (Sinn Fein)
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Hear, hear.

Regina Doherty (Fine Gael)
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Spiking is terrifying and with sight of the figures from the sexual assault treatment shared with the Minister’s Department, these are genuinely telling us that the incidents are on the rise. What is even more terrifying is the relatively recent phenomenon of needle spiking where women are being injected completely unbeknownst to themselves. A young lady from my village shared her experience of socialising with friends in Dublin city in the past year and, God bless her, it was horrendous. She is not over it and I guarantee that is something that will be with her for many years to come.

Another lady asked how we are going to protect ourselves from this. How does one go out on a night out and ensure that one's drink is not spiked without holding one’s hand over the drink. Even more sinister are these needle and prickless events which are happening which are far more brutal.

There are queries about the existing laws and about how we should be able to use those but the simple fact of the matter is they are not effective enough and are certainly not giving people reassurance that we are doing something in taking this seriously. We need to focus on the immediate act by introducing the legislation but we also need to look at this from a victim’s perspective and at the longer term impacts it has on victims.

I refer to an incident in Mary Immaculate College in Limerick probably during the Covid-19 period about a year and a half ago. Parents were greatly worried about their children thereafter, even those who had not been directly impacted by it. We, therefore, need to look at it very seriously.

Additionally, victims may also face social stigma, judgment and victim blaming, further exacerbating their distress. What is very worrying is that when one talks to those victims, sometimes they blame themselves as if they had done something to contribute to the act itself. That is very wrong.

Senator Seery Kearney noted in the past week when she introduced this Bill on behalf of all of our team that somehow these victims feel they have done nothing wrong. The message we need to send out not only to the victims, but to the people who are fearful, is that they have done nothing wrong and that we will stand by them. I am aware Deputy Harris is coming to the end of his term as Minister for Justice. I commend Deputy Harris and thank him for listening and for being as active as he has been for the past number of months. I wish him well in his future and welcome the return of the Minister, Deputy McEntee, on Friday. I hope Deputy McEntee will take the rest of this Bill through the Houses. I thank the Minister.

Tim Lombard (Fine Gael)
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Before I call Senator McDowell, I acknowledge Mr. Adrian Kelly, who is in the Public Gallery. Mr. Kelly is involved in the education and training board, ETB, in Louth. Mr. Kelly is Senator Craughwell's guest and he is more than welcome to the Chamber.

Michael McDowell (Independent)
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I congratulate the members of the Fine Gael group here today for proposing this Bill and the members of Young Fine Gael for coming up with the legislative plan.

Two points occur to me. When I looked at it, I asked myself, looking back at the Non-Fatal Offences Against the Person Act 1997, if it was sufficient. The answer is it is not, and for a number of reasons. It is not sufficient because assault occasioning harm may or may not cover the spiking of a drink or something like that. That is the first point.

The second point is that the definition of poisoning, which is an offence, in the 1997 Act states, "A person shall be guilty of an offence if, knowing that the other does not consent to what is being done, he or she intentionally or recklessly administers to or causes to be taken by another a substance which he or she knows to be capable of interfering substantially with the other’s bodily functions ... For the purpose of this section a substance capable of inducing unconsciousness or sleep is capable of interfering substantially with bodily functions, and the penalty for that is three years. The problem is that the three-year tariff imposed by the 1997 Act does not allow for an arrest. That is the serious issue. An attempt to commit that offence does not allow for an arrest either. For instance, if you are spotted lacing somebody's drink, a garda does not have the right to arrest that person for attempted poisoning because the offence itself does not have a five-year minimum tariff. This requires action. The 1997 legislation is too light and it is inadequately drafted.

When I looked at the drafting of this Bill, whether it was done by Senator Ward or whoever, in my view, it is very well drafted. The provisions in it, in my view, require to be enacted into law as a matter of urgency.

Deputy Harris's Department - I am aware I am using the phrase "Deputy Harris's Department" in a temporary sense - has before this House a Criminal Justice (Miscellaneous Provisions) Bill. By simply proposing a Standing Orders motion, this provision could easily be introduced to it as an additional section. It could be done properly, I would say with the consent of all Members of this House, within a half an hour some afternoon. It does not require the Minister to go to the Attorney General's office and have the matter redrafted because it is well drafted. Nor does it require anything other than asking the Cabinet to agree that this new offence should be enacted into law.

It may be something for Deputy McEntee when she resumes her function as Minister to deal with, but there is no excuse whatsoever for leaving the law in an inadequate state. If it only carries a three-year penalty, the result is it is not an arrestable offence. An attempt to spike drink is not an arrestable offence because it is an attempt to poison within the meaning of the 1997 legislation.

I will not go on any longer. I have had a few minutes here. I strongly support this Bill. If there is any goodwill at all apart from the usual bureaucratic inertia, this could be law by the autumn. I agree with what Senator Ward said about the necessity to make it clear to anybody, even if they think it is only a prank or they think it is cool to attempt to sedate somebody else for whatever reason, that they are going to jail for ten years if they are caught. That will have a deterrent effect.

Simon Harris (Wicklow, Fine Gael)
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In the week I have been described in one newspaper as a poor Michael McDowell tribute act, which I do not think was meant as a compliment, I am now taking it as such after listening to Senator McDowell's worthy intervention.

Simon Harris (Wicklow, Fine Gael)
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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.

Michael McDowell (Independent)
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I see a few things I would change.

Victor Boyhan (Independent)
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I am sure that the Senator has a lot of money in his bank account.

Niall Ó Donnghaile (Sinn Fein)
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Cuirim fáilte roimh an Aire agus roimh an reachtaíocht atá os ár gcomhair. Fáiltím roimh an tseal seo chun an t-ábhar seo a phlé. Gabhaim buíochas le grúpa Fhine Gael anseo sa tSeanad agus, mar atá ráite, le Young Fine Gael fosta, as an ábhar seo a fháil curtha ag croílar an tSeanaid anocht.

We support the intention behind this Bill. There is unanimous support across the House at this Stage, which I hope is no surprise to colleagues across the Chamber. Sinn Féin thinks the current issue is a lack of gardaí, and a lack of resourcing within the DPP and the courts. The DPP has pointed out that it is struggling to cope with the increased prosecution of sexual offences. Laws on the Statute Book require resources to ensure they are effective. That is the context in which we should see spiking. For whatever its purpose, whether that is sexual assault or rape, physical assault or theft or for cruel amusement, spiking is a crime. Spiking should be a crime no matter what reason it is carried out.

I thank and commend the Fine Gael group on bringing this Bill before us today and, indeed, their colleagues in Young Fine Gael. I thank them because, if nothing else, we have had an opportunity tonight to discuss and highlight the problem of spiking. I hope during this debate that we offer some support, advice, signposting and guidance. I would not underestimate the importance of the latter in and of itself.

I agree with Senator Horkan and other colleagues who have spoken that the Bill requires some fine-tuning. However, we all agree that spiking should be a stand-alone offence and that those who are responsible for spiking, whatever their intention, whether it is nasty, cynical, cruel or wrong, should be dealt with and punished accordingly. That is the banner under which we are all approaching this issue tonight.

The investigation into spiking adds to the already growing number of sexual assaults that people are experiencing and this can be seen from a recent survey conduced by the Central Statistics Office. The key findings from the survey show that: in their lifetime, 52% of women reported experiencing sexual violence; in their lifetime, 28% of men reported experiencing sexual violence; of those aged 18 to 24, 22% reported experiencing sexual violence both as a child and an adult; of those aged 65 and over, 8% reported experiencing sexual violence both as an adult and as a child; and the proportion of adults who experienced sexual violence in their lifetime was 40% with higher levels for women, at 52%, compared with men at 28%.

The survey indicated that overall sexual violence prevalence rates show an age effect as younger people reported higher levels than older persons so, for example, 22% of those aged 18 to 24 experienced sexual violence both as an adult and a child compared with 8% of those aged over 65 and over; four times more women, at 21%, than men, at 5%, reported experiencing non-consensual sexual intercourse over their lifetime; one in ten women, at 10%, experienced non-consensual sexual intercourse as an adult when they were unable to give consent; almost one in five men, at 17%, aged between 25 and 34 experienced non-consensual sexual touching as an adult; one in five adults experienced unwanted contact sexual violence as a child, at 20%, and a similar number experienced unwanted non-contact sexual violence, at 19%; the majority of adults, at 78%, who experienced sexual violence at least once in their lifetime knew the perpetrator, with very little difference between women, at 79%, and men, at 75%; about half of adults or 47% who experienced sexual violence in their lifetime told someone about it, with disclosure more likely if the experience was with a non-partner - only 55% - than with a partner - only 16 %; and women who experienced sexual violence in their lifetime were more likely to have told someone, at 53%, compared with men, at 34%. The Minister can see from the results of the survey the scale of sexual assault and the pressure on the Garda and courts to effectively deal with sexual violence.

The reason I wanted to outline some of the statistics is because of something alluded to earlier. It is an important aspect of this issue and why I think it needs to be dealt with thoroughly. I refer to the fact that so many of these instances go not only unrecorded or unreported but, as Senator Horkan alluded to, perhaps even unknown to the victims themselves and they may think to themselves, "God, that was a heavy night" while not being aware of what happened to them. Not all of the cynical intention behind spiking finishes with a physical or sexual assault. Sometimes people are just lucky that they made it home without falling into the canal or being hit by a bus, and thank God. There are all of these things to consider in the mix and that is why this legislation is before us. This legislation is important because it gives us an opportunity to discuss this matter. It is so important that this Bill has cross-party support. I hope that positivity will be reciprocated by Government by ensuring the speedy but effective conclusion of this legislation as soon as possible.

Mary Seery Kearney (Fine Gael)
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I thank the Minister for being so positive on this. I also thank our group’s leader, Senator Doherty, and Senator Ward for their work on the Bill. However, all credit needs to go to Young Fine Gael for its hard work. It goes to show that, if you get involved in politics, you can change and influence matters. Here we are bringing into law a Bill that has been at the heart of Young Fine Gael’s #PricklessNight campaign.

Under no circumstances is it acceptable that you would find yourself at risk of unconsciousness or losing control because of the actions of another individual. The lack of consent and the taking of a substance, however it is applied, in this context are appalling and need to form a stand-alone offence.There have been too many instances of, and too many discussions about, spiking in recent years. There needs to be a stand-alone offence for this form of assault. As was very well articulated by my colleague, Senator Ward, the fact is that the definition of assault needs to evolve. It needs to respond to the prevalent threat to young people, particularly those who are out. The idea that you cannot leave your drink down without the possibility of it being interfered with is quite appalling. There is that sense of putting a duty and responsibility on an individual to mind their own drink, when actually, they should just be entitled to have their drinks and to get up and dance. They should do those things while being free of the fear of wondering if they will make it home intact, if they will be safe tonight, if they will be threatened, if there will be theft or if they will be assaulted.

I spoke to a couple of young people who had complete blackouts after being spiked. They had no memory of what had happened. The insecurity of that goes on for a number of years afterwards. It does not go away. The fear of the what could have been or what might have happened is just terrible. Because of that fear and that threat, they have to get tests afterwards, take post-event contraception and everything like that as a result of the unknown factors.

We need a deterrent on the Statute Book. Where people engage in this offence, we need a very serious prosecution. The idea that this can be an indictable offence is very important. I want to congratulate them for their incredible work that has brought us to this point. I am very grateful that we had the opportunity to bring the Bill forward as a group. I am also grateful for the unanimous support for the Bill I thank the Minister.

Victor Boyhan (Independent)
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I welcome the Minister. I also welcome the members of Young Fine Gael who are in the Gallery. I agree with the Minister and previous speakers regarding the active engagement of young parties. I remember my early involvement in politics many years ago. It was either after Garret FitzGerald was in office, or around his time. One of the great things about it was that there was not a week that went by when there was not something being said about the rebels in Young Fine Gael who were stirring it up somewhere and were causing problems. It was fantastic. It was great media. They were young and dynamic. They were raising issues and introducing motions at their conferences. Of course, the media wrote about them and loved them. Many of them are in the Houses now. I want to say that to the people who are in the Chamber today and to those who are listening in. It is great to see young people engaging in politics. That is what it is. Most of us in this Chamber will have been involved in politics from a very early age. The path of politics is eventually to come into parliamentary democracy within these Houses. It is great to see them here. I commend them on their engagement in respect of this matter.

I will not repeat all the things that have been said. I will add that one of the great benefits of having a former Minister for Justice, colleague, and former Attorney General - I will not say he is an elder statesman, although he did celebrate his birthday here last night - sitting in the Seanad is that he brings wisdom and experience. There is some merit to what Senator McDowell has said in terms of another route or direction to bring this legislation. He did suggest half a day. I am happy to suggest that we would give it a day or two-----

Regina Doherty (Fine Gael)
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Or half an hour.

Victor Boyhan (Independent)
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-----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.

Ned O'Sullivan (Fianna Fail)
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Senator Dolan has six minutes. She is sharing time with Senator Currie, but she can use the six minutes if she wishes because we are ahead of ourselves.

Aisling Dolan (Fine Gael)
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I do not mind. I can share in case anyone else wants to come in a second time.

Ned O'Sullivan (Fianna Fail)
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We will keep an eye on it.

Aisling Dolan (Fine Gael)
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I thank the Minister very much for coming to the Chamber today. I also thank the members of Young Fine Gael, who are fighting for the cause, for being here. I thank them so much, because campaigning is what it is all about. It is about having fighting to get something changed and doing the hard work behind that. That is what those who are present did, and they brought the idea to the Fine Gael Senators. The fruits of their work have been brought before us today by Senator Ward.

The Minister will be aware of how passionately young people feel about this issue. We hear about it on the ground. We hear these horror stories. We all say, "Is it not great it has never happened to us?", but I would say there are a lot of people who it may have happened to who do not even want to speak about it. They do not want to think that it happened to them, because maybe it was something they did. They might think "Was it something I did? Did I walk away? Did I leave my drink unattended? God, maybe I had too much to drink before. What did I do?" We need to move away from that, because it is not the fault of any person who went out to have a good night, enjoy themselves with their friends and just have fun. It should not be the fault of any one person. It is someone else who is trying to take advantage. That is what we want to put a stop to here.

It is really important that our young people are taking the time to put this forward and to put the work into this on behalf of young people across the country. Now, people are going to be a little bit more conscious when they are out. They can put trust in a friend and let their friends know where they are and how they are doing on a night out. It is a habit and a routine, but it is a good habit to have, so that people will know where you are. Young people feel safe in that way. I would like it if young people, and particularly young women, were not placed in situations where they are vulnerable . It is never nice to be in a such a situation, to feel powerless, to feel that you no longer have the capacity to act, to feel that you do not have full capacity and when that has been done to you. It is shocking.

There are so many situations in which women can feel powerless because of what somebody says. There are so many times when women do not even put their hand up or want to speak at a public meeting or whatever because they are fearful of what other people think about what they might say or whether they know enough about all of this.Often, women do not even put their hands up or want to speak in a public meeting or session because they are fearful of what other people will think of what they might say, or wonder whether they know enough about the subject. The fact that we are meant to feel powerless because of a substance being added to a drink is even more shocking again. I thank the Minister for his time today and for his interest in this, and I thank Young Fine Gael.

Emer Currie (Fine Gael)
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I thank the members of Young Fine Gael for their hard work on this, in identifying an issue that really needed to be focused on to shine the spotlight on it. I thank Senator Ward for helping to bring it to this point, and Senators Doherty and Seery Kearney for their involvement. It is great to be part of a party that is a campaigning party, because that is what it is all about. I very much support the idea that spiking is a stand-alone offence, because there are layers to this. It is not just as simple as poisoning legislation, as many people have said. It is not just the spiking element of it; it is the intent to inflict more harm thereafter. The victims are put in a situation where they lose all their capabilities, they are put in a state of extreme vulnerability and then suffer the consequences, whether that is a sexual attack or a theft. Whatever the consequences, they are long-lasting. I would imagine that everybody has experienced spiking to some extent. If they have not, they will know somebody who has been spiked, they will have been in the presence of somebody who has been spiked, or they will have been that person. It is that common. I was in the pharmacy last week, and noticed that you can now buy sachets for €4.95 to put into a drink to see whether or not it has been spiked. I have two young daughters, who are eight and ten. The way time goes, it will not be long before they start going out. I am imagining myself as that parent, stuffing those sachets into their purses for fear of something happening to them. I do not want them to live in a world where they go on a night out, have fun at an age where they are supposed to be experiencing the best in life, and perhaps experience something awful.

My biggest concern is not just that we deliver on this, but the numbers. The numbers do not make sense, considering we all know somebody who has been spiked. There have been 75 spiking incidents recorded on PULSE for the first nine months of this year and 106 were recorded last year. People are not reporting incidents. I think that goes back to the issue of whether they feel they are somehow responsible. There is a grey area here. We are still in a position where victims are thinking it was just that they drank too much. It cannot be a grey area. It needs to be black and white. In 2021, there were only 26 drink-related spikings and 36 needle-related spikings. It does not make sense to me that there would be more needle-related spikings than regular spikings. Part of this has to be about communication, and reaching out to people from an early age. We must put across how this is entirely unacceptable. It is a crime and it should not be tolerated. I look forward to the legislation being progressed.

On the Minister's last day as Minster for Justice, I thank him sincerely for all his work in the past six months. I appreciate him coming to Bragan Bog on Monday for what was a very moving experience, and for supporting the families of the disappeared. I thank him for all of his work.

Tim Lombard (Fine Gael)
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I lend my full support to the legislation that is being proposed. It is a very worthy piece of legislation that needs the attention of the Government in an appropriate manner to make sure we can get it on the Statute Book. I acknowledge the good work done by Young Fine Gael to progress the legislation, working with my colleagues in the Seanad to make sure it was drafted appropriately. It is a wonderful piece of legislation. There is a gap in the Statute Book. This legislation needs to be enacted to ensure that we have suitable and competent legislation that can protect people from spiking when they go out. I was actually asked to do a bit of work with Kinsale Community School a few months ago, on a podcast on the spiking issue. Transition year students did a survey on spiking in the school. The response from the student population to the issue was amazing. When there are fourth years who are campaigning to promote the issue, more needs to be done on awareness and through legislation. The issue needs to be talked about in a public forum at more regular intervals. That is really important. The one thing I took from the conversation with the fourth years of Kinsale Community School was the need for an awareness campaign. There is a huge issue about improving awareness, talking about it, and having a campaign highlighting what could happen to you on a night out if your drink got spiked.

I am very aware of the issue. Two christmasses ago, a neighbour of mine, who is a fine, strong young man, was on a night out and woke up on the side of the street with his phone, wallet and watch gone. He does not remember anything about what happened. This man is a rugby player and a fine, solid bloke. It was amazing the effect this incident had on him in the weeks following the event. There is a huge issue around awareness and what we need to do, but the big issue is the legislation. The legislation needs to be strong enough to support victims. These people are going on a night out, like all of us did back in the day, and all of a sudden they find themselves in a very vulnerable situation. As others have said, what is required is for this legislation to be brought forward in a timely manner so we can protect our young people from what is happening out there. I do not think the figures on spiking incidents are accurate. There is a lot of underreporting of incidents. As I have said, we all know somebody who has been affected by the issue. It is about making sure we can get the legislation brought forward to protect those people.

In summing up, I compliment the fourth years of Kinsale Community School on their work and on what they have done on the awareness campaign. They have started the campaign in their own school and have brought the issue to the fore. I said previously that this legislation would be brought forward on the floor of the Oireachtas. I am delighted now that has happened. This legislation will now be a part of the laws that are required to ensure we can keep our young people safe out there. I acknowledge the Minister's good work over the past few months. He has been an excellent Minister for Justice. I wish him the best when he moves back into his main portfolio. He has been very competent, capable and good to work with. I thank him for his time.

Micheál Carrigy (Fine Gael)
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I welcome the Minister. I echo Senator Lombard's comments in complimenting the Minister on the work he has done in the Department of Justice over the past six months. He has been extremely proactive and I congratulate him. I also want to pay tribute to Young Fine Gael for taking on this campaign over the past 12 months, and for highlighting the issue. Some people probably felt spiking is not an issue in certain areas, but it is an issue on the ground. Despite the figures that have been published with the prevalence of reported cases, the reality is that multiple cases are not being reported. I pay tribute to the members of Young Fine Gael, and in particular, Eoghan Gallagher, who has just joined us. He has done a considerable amount of work on this.We all get involved in politics, at whatever age, to try to make positive changes for those in our community. This shows that by getting involved in a youth political organisation, particularly Young Fine Gael, a person can take on something that he or she sees is an issue, tackle it, campaign on it, work with the elected representatives, and come here on the day to actually get legislative changes made that are going to make a difference and make life safer for people when they go out socially. That is really what it is about. It is about protecting and making safe those who are going on a night out, especially females, who are the main targets of spiking.

I remember that when I was going out and had an active social life, which is too far away for me to wish to recall, this was never talked about, it never existed, it never happened and we never had to worry about it. I am a parent of three young boys, but in particular for parents of young girls going out, unfortunately, that has changed from what it was then to what it is now. That is a worry and, as Senator Currie said, people are actually going out and paying €5 to test their drink because they cannot go out safely. That cannot be tolerated.

I pay tribute to Senator Doherty and Senator Ward, who have taken on the legislation and worked with Young Fine Gael to bring it here today. Senator Lombard mentioned secondary schools, which is where we need to expand this. The promotion of this campaign has been in the universities and we need, collectively, to roll that out through our schools and make sure people highlight the issues in order that we reduce the incidence of this. I call on some of the national organisations I have met in regard to the so-called lid levy project, on which Young Fine Gael is also working. We want to get the Licensed Vintners Association and the Vintners’ Federation of Ireland on board with this campaign to highlight it in their own premises and make sure staff are sufficiently trained to watch out for instances of this, but also to put in measures that will stop people being able to do it.

I welcome the legislation. I pay tribute to Young Fine Gael and to Senator Doherty and Senator Ward. I look forward to it being enacted in law.

Barry Ward (Fine Gael)
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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.

Ned O'Sullivan (Fianna Fail)
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That ends our discussion. Before moving on, I add my compliments to the young political activists in the Visitors Gallery for bringing this to the fore. Even though they are not of my persuasion, as the great poet Macaulay said, on occasions like this:

And even the ranks of Tuscany,

Could scarce forbear to cheer.

That is a Latin tag and they might want to look up that one.

Ned O'Sullivan (Fianna Fail)
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When is it proposed to take Committee Stage?

Barry Ward (Fine Gael)
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Next Tuesday.

Ned O'Sullivan (Fianna Fail)
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Is that agreed? Agreed.