2356. Deputy Mark Ward asked the Minister for Justice, Home Affairs and Migration the details of the number of reports to the Gardaí of incidences of spiking another person with a drug or substance without the persons knowledge, for each of the past three years; and if he will make a statement on the matter. [57952/26]

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, which is a criminal offence under section 12 of the Non-Fatal Offences Against the Person Act 1997. The offence carries a maximum penalty of three years imprisonment.

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.

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. Section 13 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.

I am advised by the Garda authorities that the following analysis of spiking incidents, published on garda.ie in May 2024, may be of assistance: www.garda.ie/en/about-us/publications/general-reports/spiking-incidents-may-2024.pdf.

It contains an overview of spiking incidents between 2010 and 2023. Per the published data, the total count of spiking incidents reported in 2023 was 52.

I am further advised by An Garda Síochána that the total count of spiking incidents reported in 2024 was 61 and in 2025 was 58.

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. I would advise any victim of any form of spiking to come forward and report to local Gardaí..