Written answers

Tuesday, 30 January 2024

Department of Justice and Equality

Legislative Measures

Photo of Ivana BacikIvana Bacik (Dublin Bay South, Labour)
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420. To ask the Tánaiste and Minister for Justice and Equality her plans to introduce a dedicated spiking offence; her plans to make spiking an indictable offence; and if she will make a statement on the matter. [4101/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Spiking is a serious offences with potentially devastating effects on victims.

Spiking is already a criminal offence under section 12 of the Non-Fatal Offences Against the Person Act 1997. This provides for a general offence of administering a substance capable of interfering with the victim’s bodily functions. Where spiking is committed with intent to commit a further offence (such as sexual assault or theft), that further offence, or an attempt to commit it, may also be charged.

A number of legislative proposals have been made on this issue, including most recently the introduction of a Private Members’ Bill in the Seanad in May 2023, which proposes a new offence covering the administration of a substance with intent to sedate or overpower for the purposes of engaging in a sexual act, make a gain or cause a loss, or commit any other offence. This PMB has passed the Seanad.

Submissions have been received from the DPP and the Gardaí on the relevant issues and consideration is being given to whether legislative changes are needed.

In December 2021, Minister Harris and I launched an information campaign with the Union of Students of Ireland to raise awareness of the signs of drink ‘spiking’ and to give guidance on how to help a potential victim. The initiative featured on various social media platforms.

This was primarily an information campaign. It gave people information on spiking – for example, what exactly spiking is, what signs to look out for, and what to do if you think you or a friend have been targeted. It also spelled out to perpetrators or potential perpetrators that spiking is a very serious offence. Anyone who may have been a victim or witness of assault or sexual assault is urged to report it to the Gardaí.

I would also urge anyone who has, or may have been, a victim or witness to a spiking incident to report it to the Gardaí.

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