We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Seanad
‹ An tOrd Gnó - Order of Business

Spiking Bill amendment

Summary

Senator Seery Kearney proposes moving the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023 ahead of other business, arguing spiking should be a stand-alone offence. Senator Dolan seconds it and others strongly support the measure as a response to rising concern about drink spiking.

I propose an amendment to the Order of Business, that No. 18 be taken before No. 1. This will be seconded by Senator Dolan. The Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023 is being brought forward by the Fine Gael Group. Its purpose is to formally put spiking on the Statute Book as a stand-alone offence under the Non-Fatal Offences against the Person Act. Until now, an allegation of spiking is generally dealt with under poisoning and under sexual assault if it results in sexual assault. However, we believe that this is so serious it deserves to be a stand-alone offence. I pay tribute to Young Fine Gael, which has done a lot of work and advocacy in this regard. Last year, notifications to An Garda Síochána of spiking went from ten to 106. I think 106 is a drop in the ocean in terms of what is going on. I think of work done by people like Noeline Blackwell, who says that the drug of choice for spiking is giving people more alcohol than they think they are taking. This includes masking, where a person at a social event may think they are taking one shot when they may actually have been given three. This disables and disarms them for sexual exploitation and assault, physical assault for theft, or sometimes just for the fun of it. It is not funny to disable somebody to such an extent that they have no control over themselves, no knowledge of what happens and no memory of it the next day. It masks all sorts of assaults. The HSE has an incredibly useful website, which gives advice to people. It is important that we support an information campaign to ensure that when people are out socialising they are aware that there are actions they can take if they find themselves to be in a more drunken state or a less inhibited state than they had anticipated. They should get themselves to someone of safety, for example An Garda Síochána. They should borrow someone else's phone if their phone has been stolen, and they should never leave a premises with somebody they do not know. That may invariably result in sexual assault. In many instances, when we talk to people affected by this, we find they have never made a report to An Garda Síochána. They are too embarrassed that this happened, and carry some sense of culpability when they have none. This is an assault on someone, hence our desire to make sure this is a stand-alone offence on the Statute Book. The mere fact of its being there becomes a deterrent to people doing this as a joke, or for more sinister reasons.

Comment on this

I commend the motion being put forward by my colleagues Senators Seery Kearney and Dolan. It is important because parents right across this country are terrified at night when their kids go on a night out. Girls, in particular, are pretty good at sticking together. Young lads, or not so young lads, being young lads get up to all kinds of things. It is a terrifying situation now, particularly for families that have kids going out for the first time. There are so many worries. I would say the spiking of drinks is becoming a pandemic in places. I commend the motion to the House.

Today I raise the issue of policing in County Donegal. The new alignment of policing means that Donegal will be policed with superintendents in stations in Letterkenny, Buncrana and Ballyshannon. In essence, that means two thirds of Donegal will be without that level of service. In geographical terms, that means areas of Donegal equivalent to the counties of Sligo and Leitrim together. That cover is not good enough. It is not sufficient. We are losing our superintendent in Milford and we request a meeting with the Minister for Justice relating to service provision in Donegal. The population of all of west Donegal from right down at the bottom to Sliabh League, and right up to Horn Head and Fanad Head really multiplies during summer months and holiday seasons. The cover is not sufficient and we need a debate on that sooner rather than later.

Comment on this

Go raibh míle maith agat a Chathaoirligh agus a Threoraí.  Over the past few weeks we have been drip-fed plans by the Tánaiste and Minister for Foreign Affairs, Deputy Martin, to hold a series of public consultations in June on neutrality and joint security arrangements, but, we are assured, not on joining NATO. However, I think reasonable people have a right to be suspicious about Government talk about consultations with the public these days.

The consultation prior to aspects of the new well-being curriculum in schools does not seem to have captured the general will of the public, for example. Nor did the prior consultations on the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, which is currently drawing unprecedented negative international attention to our blind spots around free speech. Consultations or talk of them can often be a fig leaf. They often take place after the decision has been made on important issues. We saw this recently in Inch, County Clare, when a Government spokesperson indicated that any prior consultation might have given the local community an opportunity to disagree with the Minister's plan on the accommodation of migrants. We should all shrink from populism but that was very revelatory of a very unhealthy and undemocratic impulse within Government in these times.

These consultations on neutrality appear to be happening at a time of increasing and enforced globalisation. This goes alongside a diminution of the sense of nationhood which has held our country, or at least this part of it, together for the last 100 years this week. One hundred years of peace has been helped by our policy of political alignment allied with military neutrality. Rather than bargaining now whether to trade our politically aligned neutrality or erode the triple lock on our military involvement in international peacekeeping, we should think about better ways to use and deploy our neutrality. I may not be quoting Frank Aiken quite accurately but a statement attributed to him from 1957 captures a sentiment I want to express today. He said that our policy of neutrality is not based on fear but on courage, not on evasion but on initiative, not on apathy but on concern for the future of mankind. We need courage today to tell our European neighbours when enough is enough. Our initiative is called upon now to help to solve an unwelcome war which, yes, involves unjust aggression from Russia, but a war which is haemorrhaging Europe. We have talents in spades for this work, as evidenced by our encounter with former Taoiseach Bertie Ahern this week in this House. Concern for the future of Europe and mankind requires that this initiative be seized from the hawks on both sides. Make no mistake, Bakhmut is Europe's modern Somme. The thousands of young lives being sacrificed in the tunnels and streets of that place are crying to heaven for angels of peace. Ukrainian and Russian families are being destroyed by a conflict which can never have a winner. It is a conflict being urged on by leaders far from the battlefield. Now is not the time to be cosying up to NATO or questioning our neutrality. It is the time to exercise the power of our neutrality by being tireless about peacemaking efforts, just as we were tireless about seeking a seat on the UN Security Council a couple of years ago. That would be a much better use of the considerable talents of our Department of Foreign Affairs. Away with fear and evasion, and let us put our diplomats on the highways in pursuit of peace.

Comment on this

To begin with, I am going to say something I do not say very often: well said, Senator Mullen.

Today I want to raise the issue of the State pension. A key commitment in the programme for Government is that the State pension should be benchmarked to 34% of average earnings in the State. This was a very welcome commitment, one that I think all parties would support. The problem of course is that we are nowhere near that figure. Right now, the pension is €265 per week. If it was at the benchmark of 34% of average earnings, it would be at €318 per week. We are €53 behind. We all know pensioners who have come through a horrendous winter of high energy costs and bills. They have suffered enormously from social isolation because they simply do not have the money to go out in the way that they used to before the cost-of-living crisis. They are battling against inflation rates for food of over 12.5% at the moment. People are really struggling. It is interesting to note that in a week when Fine Gael was kite-flying on tax cuts, the Taoiseach was asked where he stood on his commitment over the 34% average benchmark and he said he could not remember it. That is what he said. He said he was not sure if it was in the programme for Government. What does that tell us about the commitment, or lack thereof, from Fine Gael, in particular?

I very much welcome the new pension promise campaign launched by my own union, SIPTU, in conjunction with Age Action Ireland, the National Women's Council of Ireland, the Irish Senior Citizens Parliament and Active Retirement Ireland. This campaign is calling for the Government to deliver on its promise to benchmark our State pension. This will ensure that people have an adequate living so they can not just pay their bills but go out and socialise and continue to have an active and fulfilled life. I am calling for a debate on this matter because we really need to have a conversation about what the priorities of the Government should be. I am firmly of the view that the priority should not be tax cuts for the well off. The priority should be to ensure that our vulnerable older people get the pension they deserve. Equally, I want to endorse the call from the Irish Congress of Trade Unions this morning for a €2 increase in the minimum wage. One of the principles we should all be able to agree on is that people who work for a living should be able to earn a living. We know that in the current cost-of-living crisis, that simply is not the case for too many low-paid workers. I remind everyone that we have one of the largest proportions of low-paid workers of any state in Europe. It is time to talk about priorities ahead of the summer and ahead of the budget in October. I very much endorse the pension promise campaign by my union, SIPTU, and I am calling for a debate on the issue.

Comment on this

I too want to support Senator Gavan's call for a debate on the level of the national minimum wage. Yesterday in the Dáil, Labour Party Deputies brought forward a motion highlighting the appalling situation of children with additional needs being left to wait for years for an assessment of need. As we all know, getting an assessment is one thing but trying to access the services can be an enormous struggle. The situation on the north side of Dublin in the community healthcare organisation, CHO, 9 area is the worst in the country, with 2,428 children waiting 12 months or longer for an initial contact. I know progress is being made and it is important to acknowledge that, particularly in the inner city with the City Connects programme, but we need to see some much more of this type of initiative. Yesterday was an example of politics working well involving the inspirational campaigner Cara Darmody, my Labour Party colleagues and, to be fair, a Minister and a Minister of State. The Minister, Deputy O'Gorman, and the Minister of State, Deputy Rabbitte, have put commitments in place that if by 1 August we do not have the six regional hubs for these assessments, which are vital for children, there will be funding in the budget. The solutions are far from perfect. Contracting to the private sector for the assessments, for example, is not ideal. I know that on the north side of Dublin it is nearly impossible to get on a waiting list for a private assessment, let alone the public list, where there is a wait of two to three years. Weeks and months are vital in a young child's life and we cannot wait. If there is any spare capacity, it has to be used.

We cannot take our eye off the ball on the issue of recruiting and retaining psychologists, occupational therapists, speech and language therapists, physiotherapists and all who work within the children's disability network teams, CDNTs. Our health and education systems have to get smart about they operate. Let me tell you the story of Tristan, who is autistic and has been attending services for years. With the support of his parents, he is due to go to secondary school in September. This is a fantastic achievement for him but it was not without much heartache and stress in trying to find that place. His parents spent most of last year trying to secure this. The family now faces a fresh hurdle. That is the very basic ask of securing assistive technology for Tristan. We have a crazy situation whereby in order to get assistive technology within the school system, there has to be a report from within the CDNT by an occupational therapist, who in turn sends the report to the special educational needs organiser, who in turn sends it to the Department of Education. As the local CDNT does not have the resources or the wherewithal to produce that report, Tristan is being prevented from securing the assistive technology he was getting when he was in primary school. I know the National Council for Special Education has said that it is looking to move to a system where it will grant funds to schools as opposed to individuals. We need to get smart about how our system operates, particularly with the resourcing issue.

Comment on this

I welcome the inspired appointment this week of the new chair of the North East Inner City Task Force. The new chairperson is none other than Mr. Jim Gavin, who will be familiar to everyone in the House. Jim is a Dub and a very successful GAA manager.

He brought the Dubs to no less than five All-Ireland championships. He is also the director of operations at the Irish Aviation Authority. My hope and ambition for him and the north-east inner city is that he brings his professionalism, precision and winning ways to that area.

I welcome the opening of the new community grants for 2023 in the north-east inner city. This year the grants have a theme of physical realm, environment and streetscape improvements. The grants are available. Applications are open and being accepted until 2 June. I encourage all community groups in the north-east inner city to avail of the grants and take the support that is there for them.

Comment on this

I thank Senator Seery Kearney for introducing the Bill on spiking. It is crucial.

Comment on this
Jerry Buttimer An Cathaoirleach Fine Gael

The Senator might formally second that, please.

Comment on this

I formally second it. It is the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023. I thank Senator Seery Kearney for introducing it on behalf of all Fine Gael Senators. I thank Senator Doherty and acknowledge the work we have done with Young Fine Gael. Spiking is a terrible experience for anyone, especially when they are enjoying themselves on a night out. I encourage people to come forward, report this to the guards if they feel it has occurred and to talk with trusted people. It is shocking to think there is such a high incidence, particularly when people are coming back out to enjoy themselves after lockdown. After years in which young people were not able to go out and enjoy themselves, to hear this is increasing is shocking. People should be safe when they are out and that is what this Bill is about.

I was flicking through the channels last night and got to see "Gaelic in the Joy". It is the story of young men in Mountjoy playing Gaelic football and their coaches. Seeing the training, the ice-cold baths, the mental strength it took to withstand them and the coaching involved made me laugh. It showed the importance of sport to help people find a better path and give them mental strength. In Castlerea Prison last year, the Minister, Deputy McEntee, opened an equestrian centre, which was all about how we engage with people in prison, particularly around sport and empathy with animals. We will have a big contingent. That group will play in Croke Park but the west will be playing in Croke Park this Sunday against Dublin. We have both Roscommon and Galway. Galway is in there at 2 p.m. for hurling and Roscommon at 4 p.m for football. There will be a big contingent from the west in Croke Park this weekend. I am looking forward to it.

My colleague Deputy Dillon has spoken on GAAGO. We need to look at how this is available to people. The Roscommon match is on GAAGO and not being televised. This is a huge issue that needs to be tackled.

Comment on this