408. Deputy Séamus McGrath asked the Minister for Justice, Home Affairs and Migration for an update on the commitment in the Programme for Government to introduce stronger laws to combat the spiking of drinks and related offences. [46469/26]

Minister for Justice, Home Affairs and Migration: 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 fostering a zero-tolerance approach to all forms of domestic, sexual, and gender-based violence (DSGBV).

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 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 three 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 seven years imprisonment.

Where the drugging took place for the purposes of committing a substantive offence, the perpetrator may also be charged with that substantive offence (e.g. such as rape or sexual assault, theft etc.), or where that offence was not completed, an attempt to commit a substantive offence.

While a complex area of law, an attempt in general terms can be considered to be committed where a person takes sufficiently proximate steps towards the commission of the offence, with intent to complete the crime.

An Garda Síochána takes all reports of spiking seriously and thoroughly investigates to determine the exact nature of each incident including results of toxicology reports in each case.

I would advise any victims of similar incidents or any form of spiking to come forward and report to local Gardaí.

As regards other initiatives to combat the spiking of drinks, last year, the Department of Culture, Communications and Sport launched a new, ‘Safe & Sound’ safety training initiative which includes new policy templates for a wide range of businesses in the Night-Time Economy such as pubs, restaurants, hotels, nightclubs, theatres, cultural venues, festivals, gyms, taxi services, and more.

The free online training is currently available in the nine Night-Time Economy Pilot areas (Dublin City, Cork City, Limerick City, Galway City, Kilkenny City, Drogheda, Sligo, Buncrana, and Longford Town), and delves into the various aspects of vulnerability after dark. It is specifically tailored and developed for those working at night, providing workers with an increased awareness of their responsibilities and duty of care, and training in actions that must be taken to reduce identified risks. The online training offers a number of express 30-minute modules which includes drink spiking prevention and response strategies.

More broadly, the Implementation Group for the Report of the Night-Time Economy has been in place since 2022 and was established to oversee the implementation of the Night-Time Economy Taskforce recommendations. There are a range of actions in the Night-Time Economy Taskforce Report aimed at tackling the challenges to a safe Night Time Economy.

This year the Department of Culture, Communications and Sport formed a dedicated Night-Time Economy subgroup on safety to further progress the recommendations in the Taskforce Report. The subgroup includes membership from the HSE, my Department, the Department of Health, An Garda Síochána and the Dublin Night-Time Advisor and Longford Night-Time Advisor.

The work of the group will aim to examine and develop initiatives and strategies that improve and enhance public safety to support a safe, welcoming and inclusive night-time environment for those enjoying a night out and for people working in the Night-Time Economy.