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Irish Mirror
Irish Mirror
National
Louise Burne

People found guilty of spiking in Ireland face 10 years in jail under proposed new legislation

The Government will not oppose new legislation that will see those found guilty of spiking someone sentenced to up to 10 years in jail.

Justice Minister Simon Harris told his colleagues that 75 cases of spiking were recorded on the Garda PULSE system in the first nine months of last year. This involved drugs being placed in drinks or injected into victims.

Fine Gael Senators have suggested the legislation that is currently being debated in the Seanad. Minister Harris told his colleagues that it should not be opposed.

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The proposed new offence will see a preparator punished if they are found to have administered, injected or otherwise caused a victim to take a substance that they do not consent to taking.

A perpetrator will be punished when they intend to overpower or sedate them for the purposes of engaging in a sexual act, causing harm, making a gain or causing a loss to the other person or other committing an offence with or against the person.

The Bill provides for a defence to show that the substance was administered for a lawful reason or with a lawful excuse or was with the other person’s express and conscious consent.

A Government spokesman said that there was “limited data” available on the prevalence of spiking.

A review of the Garda PULSE system found that in 2022, there were 40 drink-related spiking incidents, 24 needle-related incidents and 11 “unspecified” incidents.

In 2021, there were 26 drink-related, 36 needle-related and fewer than 10 unspecified incidents.

Charge sheet or summons created for 10 people during this period.

A Government spokesperson said that Minister Harris “recognises that spiking is a serious offence that must be dealt with robustly”.

However, he added that it is “not clear that issues arising are necessarily legislative ones”.

He noted that there is ongoing research being undertaken in a number of jurisdictions and this will inform whether any further action needs to be taken.

Minister Harris said that further consideration will be required before the proposed legislation moves forward and that he will seek advice from the Attorney General on the matter. He will also seek a submission from the Director of Public Prosecution, as well as the input of the Garda Commissioner Drew Harris.

Elsewhere, Tánaiste Micheál Martin received Government approval for Ireland to participate in four European Defence Agency projects.

Three of the projects relate to the collaborative procurement of vital equipment to protect members of the Defence Forces.

Involvement in these projects will provide an opportunity to secure defensive equipment and ammunition.

An Ammunition Project will be used to fast-track the procurement of ammunition to supply Ukraine. However, Ireland has constructively abstained from the supply of lethal equipment, and it won’t be participating in this aspect of the project.

Mr Martin must seek Government approval to partake in this project.

Housing Minister Darragh O’Brien also requested that the Government noted the SIPTU Retained Firefighters intention to commence weekly phased levels of Industrial Action from June 6.

He told his colleagues that contingencies are being developed to ensure public safety and continued emergency service provision.

The National Directorate for Fire and Emergency Management has developed guidance that will underpin the development of a contingency plan in each local authority to ensure emergency cover.

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