Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Insurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform, and in the Justice Plan 2023.

It is intended that a number of sections of the Occupiers’ Liability Act 1995 be amended, in line with the Government policy objective of restricting the liability of occupiers. These proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.

The proposed amendments, which build on a Review Paper prepared by the Department of Justice in February 2021 contain four key developments:

- they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;

- they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;

- they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and

- they allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.

These amendments were included in the Courts and Civil Law (Miscellaneous Provisions) Bill, 2022 as committee stage amendments in the Dail on the November 22, 2022. This Bill was passed by Dáil Éireann on March 3, and it is expected to commence second stage in the Seanad in the comings weeks.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
Link to this: Individually | In context | Oireachtas source

80. To ask the Tánaiste and Minister for Justice and Equality what progress he has made in progressing the offence of spiking as a stand-alone offence, consisting of administering a substance without consent for the purpose of facilitating a sexual offence, and punishable with a sentence of up to ten years imprisonment; and if he will support the campaign to recognise the need to separate such an offence from that of poisoning. [17927/23]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Spiking a person’s drink is a very serious offences. Section 12 of the Non-Fatal Offences Against the Person Act 1997 provides for a general poisoning offence and already criminalises anyone who spikes a drink.

Section 12 of the 1997 Act applies to anyone who intentionally or recklessly administers a substance which is capable of interfering substantially with another person’s bodily functions, which explicitly includes inducing unconsciousness or sleep and would certainly encompass an intent to stupefy or overpower.

It is important to emphasise that where a sexual assault (which carries a 10-year maximum sentence) or rape (which carries a maximum of a life sentence) has taken place, then this may clearly be charged separately.

Another relevant offence is attempt to commit a rape or sexual assault. While this is a complex area of law, for present purposes an attempt occurs when the perpetrator takes sufficiently proximate steps towards the commission of the crime, and has the intent to complete the crime. The same maximum sentences apply where there is an attempt to commit a rape or a sexual assault.

A stand-alone offence, as proposed by the Deputy is, in effect, poisoning with an additional element of an intent to commit a sexual offence.

I have discussed this with the Deputy before during the Report Stage of the Criminal Justice (Miscellaneous Provisions) Bill 2022 and I can fully understand the Deputy’s motivation.

If the poisoning is used to actually commit a sexual offence, then that offence should clearly be charged, and would carry the penalties that I’ve set out. If the intent to commit a sexual assault is present and can be proven, then an attempt charge arises. If intent cannot be proven, then poisoning is charged.

The practical difficulties are clearly proving the poisoning has actually taken place, who committed it, and that the intent to take advantage of the victim’s drugged state is present. It is possible that the final intent element of a new offence would actually make it significantly more difficult to prosecute this heinous crime, and result in fewer prosecutions or fewer convictions.

As I stated recently in the Dáil, I hope to receive further information and observations in this area from the Garda Commissioner.

Finally, I would urge anyone who may have been a victim or who may have witnessed an incident of this type of crime – assault or sexual assault – to report it to the Gardaí, and they can be reassured that it will be pursued with the utmost seriousness.