Séamus McGrath (Cork South-Central, Fianna Fail)
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586. To ask the Tánaiste and Minister for Justice and Equality the number of convictions regarding the offence of poisoning or endangerment under the Non-Fatal Offences Against the Person Act 1997 where the suspected criminal act was drink spiking in each of the years 2022, 2023 and 2024; and the number of investigations carried out by An Garda Síochána where the suspected offence related to drink spiking and where a conviction was not secured or pursued. [56817/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Spiking is a crime that preys on vulnerability, that undermines consent and that can have devastating consequences for victims. As Minister I am committed to taking a zero-tolerance approach to all forms of domestic, sexual, and gender-based violence (DSGBV). The Programme for Government also includes a commitment to introduce stronger laws to combat the spiking of drinks.

Currently, there is no specific crime type of spiking. Spiking a person’s drink or spiking someone by injection are, in effect, poisoning, and are criminal offences under the Non-Fatal Offences Against the Person Act 1997, that can result in a three-year prison term.

Section 12 of the 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. A person guilty of the offence of poisoning may be subject to a maximum penalty of 3 years’ imprisonment. Depending on the nature of the substance that is administered, it may be possible to charge a perpetrator with endangerment under section 13 of the Non-Fatal Offences against the Person Act 1997. This provides that it is an offence to intentionally or recklessly engage in conduct which creates a substantial risk of death or serious harm to another. The offence of endangerment carries a maximum penalty of 7 years imprisonment.

An Garda Síochána take all reports of spiking seriously and thoroughly investigate to determine the exact nature of each incident including results of toxicology reports in each case. The nationwide roll out of Divisional Protective Service Units (DPSUs) has ensured that when victims of DSGBV-based crimes present to Gardaí, they are met with a consistently high standard of specialist, sensitive, professional and expert assistance. There is now a DPSU in every Garda Division. An Garda Síochána advise any victims of incidents or any form of spiking to come forward and report to local Gardaí.

I am advised by the Garda authorities that the following publication on garda.ie may be of assistance: www.garda.ie/en/about-us/publications/general-reports/spiking-incidents-may-2024.pdf. Per the published data, the count of incidents reported was 107 in 2022 and 52 in 2023. The total for 2024 was 61 reported incidents, each of which was investigated. There were fewer than 10 prosecutions initiated, relating to fewer than 5 of those incidents reported during the 2022 to 2024 period.