Fianna Fáil TD Brendan Smith has called for a new law making the despicable act of drink spiking a more serious offence to be prioritised.
The Cavan-Monaghan TD said the proposed legislation going through the Oireachtas, which would introduce greater penalties for this dangerous behaviour, is urgently needed after official figures show a rise in drink spiking in recent years.
He also said he has been made aware of a number of cases anecdotally in his constituency in recent months.
Spiking is a crime under section 12 of the Non-Fatal Offences Against the Person Act 1997, which provides offence of administering a substance capable of interfering with the victim’s bodily functions, and 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.
Deputy Smith said: “Spiking is a sinister and dangerous act that can be devastating for vicitims. We need to make the laws strong to make it easier for victims to report and to raise greater awareness of this despicable behaviour. A new bill – the Non-Fatal Offences Against the Person Amendment Spiking Bill 2023- has passed the Seanad. Now the Dáil must approve it.
“There has been a sharp rise in the number of these incidents in recent years. Garda figures show that in 2022, there were 106 reported cases of drink spiking, a rise on the 2021 figures. And in my own constituency I’ve been made aware by parents of young girls of despicable spiking cases. Every effort must be made to ensure legislation surrounding spiking is strengthened.”
Minister for Justice Helen McEntee TD, in response to a parliamentary question from Deputy Smith, said spiking is already a crime but they are examining whether it needs to be updated.
“A number of legislative proposals for a separate offence 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,” she said.
“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.”
ENDS 28/03/2024