SECTION 1
Chairman: Amendments Nos. 1, 2 and 16 are related. Amendment No. 16 is consequential on amendment No. 2. The amendments may be discussed together....

...Deputy Aodhán Ó Ríordáin: I move amendment No. 5:

In page 8, between lines 23 and 24, to insert the following:

“Administering a substance with intent (“spiking”)

11. The Act of 1997 is amended by the insertion of the following section after section 12:

“12A. (1) A person who administers to or causes to be taken by another person (‘C’) a drug or other substance—

(a) knowing that C does not consent to what is being done, and

(b) with intent thereby to stupefy or overpower C so as to enable himself or herself or any other person to engage in sexual activity with or involving C,

is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a Class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or to both.

(3) In subsection (1), ‘sexual activity’ has the meaning assigned to it by section 2 of the Criminal Law (Sexual Offences) Act 2017.”.”.

I thank the Minister and her officials. This amendment aims to provide for a specific offence of "spiking", that is, "administering a substance with intent". The amendment states:

The Act of 1997 is amended by the insertion of the following section after section 12:

“12A. (1) A person who administers to or causes to be taken by another person ... a drug or other substance—

(a) knowing that ... [that person] does not consent to what is being done, and

(b) with intent thereby to stupefy or overpower ... [that person] so as to enable himself or herself or any other person to engage in sexual activity with or involving ... [that person],

is guilty of an offence.

The Minister will be aware of this activity. People on nights out are conscious of it, and many sexual assaults and rapes occur following the action of spiking. What we intend with this amendment is to provide for a specific offence of the spiking of a substance, that is, a drink, that a person may be consuming.

Deputy Helen McEntee: I thank the Deputy for this amendment. As he rightly said, this is an important area and one that has come to the fore even more in the past year or two. It is certainly something students, in particular, but younger people more generally have raised with me. That is why, last year, we had the awareness-raising campaign, working with the Garda and the Minister for Further and Higher Education, Research, Innovation and Science, trying to highlight what people need to look out for and how to tell if their drink is spiked but, more importantly, that they need to go the Garda if this happens. It appears that, for various reasons, many people do not necessarily do so...

Deputy Helen McEntee: I move amendment No. 9:

In page 19, after line 32, to insert the following:

"PART 7 FORENSIC SCIENCE IRELAND CERTIFICATE EVIDENCE

Certificates relating to receipt, handling, transmission or storage

36. (1) In any criminal proceedings, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to the receipt, handling, transmission or storage, as the case may be, specified in the certificate of any item so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.

(2) Subsection (1) shall apply regardless of whether the receipt, handling, transmission or storage of an item specified in a certificate under that subsection occurred prior to or after the coming into operation of this section.".

This amendment widens the circumstances in which certificate evidence may be provided in respect of the handing, receipt, transmission or storage of items by Forensic Science Ireland. As it stands, section 10 of the Misuse of Drugs Act 1984 allows certificate evidence to be given on these matters for drug offences. This system works well.

It allows evidence to be provided, for example, as to when a sample was received, how it was sorted, when it was opened, what controls were put in place and so on. This evidence, while important in establishing the integrity of the test results, is usually not contentious. Allowing evidence to be given in this way avoids delays in trials and the need for forensic officers to be diverted from their work to attend. This is similar to the situation with doctors, which we discussed previously. The amendment would extend this provision to non-drug offences. It is of note that the provision allowing evidence of the results of substantive analysis to be given by certificate will continue to apply only to drugs cases, as is the case with the medical certificate evidence. While a certificate provides evidence, it does not provide conclusive evidence. It remains open to the defence to challenge the evidence provided. Similarly, it remains open to anybody to call someone to challenge specific evidence where it is not contentious. Again, this amendment allows for this to be provided in all instances.

Deputy Pa Daly: I reserve the right to return to the subject of amendments Nos. 9, 10 and particularly 11 on Report Stage.
Amendment agreed to.

Deputy Helen McEntee: I move amendment No. 10:

In page 19, after line 32, to insert the following:

“Amendment of section 10 of Misuse of Drugs Act 1984

37. (1) The Misuse of Drugs Act 1984 is amended by the substitution of the following section for section 10:

“10. (1) In any proceedings for an offence under the Principal Act or section 5 of this Act, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to an examination, inspection, test or analysis, as the case may be, specified in the certificate of a controlled drug or other substance, product or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.”.

(2) The validity of any certificate under section 10 of the Misuse of Drugs Act 1984 that was signed by an officer of Forensic Science Ireland of the Department of Justice before the coming into operation of subsection (1) shall not be affected by such coming into operation.”.
Amendment agreed to....

[Click here for the full debate on the Oireachtas website]