Spiking Offences Bill 2026: First Stage

I move: That leave be granted to introduce a Bill entitled an Act to make provisions for the offence of spiking to be considered a standalone offence; to establish toxicology pathways for victims of this offence; and to provide for related matters. Along with my colleague Máire Devine, I am introducing the Spiking Offences Bill 2026. I thank the advocate groups, Safe Gigs Ireland and Spiking Ireland, for their assistance and guidance with this legislation. I especially thank Hazel Behan, who is an advocate and survivor of sexual violence, and Sinn Féin councillor in Wexford Aoife Rose O'Brien, who is a long-time campaigner and a survivor of spiking and rape, for their very personal contributions to this legislation. Since 2022, 278 spiking incidents have been reported to the Garda. None of these reports has resulted in a prosecution under the current legislation, the Non-Fatal Offences against the Person Act, where spiking is considered poison. Even though 278 people presented to the Garda to report incidents of spiking, we have had zero prosecutions. That shows there is a problem. Sexual violence centres estimate that this figure is only the tip of the iceberg as many instances of spiking go unreported. We often speak about spiking in the context of what might happen next, whether someone intended to sexually assault, rob or otherwise harm the person they spiked. We need to recognise that the act of spiking itself is already a violation. Support groups and survivors report that countless women, as well as members of the LGBTQ+ community, have shared their experience of spiking. They are different people in different circumstances, but there is a common thread. Someone made a decision about their body without their knowledge or consent. A person's bodily autonomy has been taken from them. Their ability to make decisions about their own safety has been interfered with. Their consent has been disregarded entirely. This is harm, regardless of what follows. What is sometimes lost in the conversation about spiking and crimes like this is the lasting impact on the person who experiences them. The impact does not necessarily end when the substance leaves the system. It can follow them into their next night out or next social gathering. It is important that we do not have to wait for something worse to happen before we acknowledge that the person has been harmed. Spiking should not have to lead to sexual assault or robbery to be a crime. The absence of a further offence does not mean the absence of a victim. That is why this Bill makes spiking a stand-alone offence. The second part of this Bill, which probably falls under the Minister's remit, is to have a statutory toxicology pathway for victims of spiking. Councillor Aoife Rose O'Brien of Sinn Féin has given me full permission to tell part of her experience. She was spiked with a very high dosage of a sedative and raped. She woke up in a different house, very frightened, and still under the influence of the drugs she was spiked with. She was petrified and unable to understand what had happened. When she got home, she called CareDoc, which refused to do a blood test. They referred her to Wexford hospital's accident and emergency department, which also refused to do a blood test. She was forced to call An Garda Síochána and report the incident of rape. She was then transferred to Waterford hospital, where a blood test was done. It took over 24 hours after she was initially spiked to get the blood test. Here lies the problem. The substance could have left her system. If she had not reported the rape, she would not have received a blood test. What happens to a person who was spiked, had their bodily autonomy taken away from them and was not the victim of sexual assault? Where is the pathway for that person to get tested? That is why we enshrine a statutory toxicology pathway into this Bill, so everyone who was spiked gets a timely toxicology test. During discussion with stakeholders, I have been made aware of a new phenomenon with spiking - spiking a person for the craic. It is absolutely horrendous. People are singling out a vulnerable person, who is often alone, and spiking them for a group's amusement. This is absolutely horrific. I am aware of this happening to a 92-year-old man. This is another reason this Bill is so important. The impact on this 92-year-old man was very frightening. He was not sexually assaulted or robbed, but he is a victim nonetheless. This Bill aims to protect him and others from spiking and bring perpetrators to account.

It is not opposed.

I move: "That the Bill be taken in Private Members' time."