Cyprian Brady (Dublin Central, Fianna Fail)

I welcome the opportunity to speak on the Bill. The vast majority of people in this country are affected by this issue, some more directly than others. My constituency of Dublin Central, which includes the central north side of the city, probably has the highest concentration of off-licences and licensed premises in the country. I welcome the introduction of new legislation to contribute to reducing and eliminating the misuse of alcohol and the anti-social behaviour which results from this misuse. Communities throughout the country, not just in cities, have at some stage experienced the results of the misuse of alcohol.

Having worked for many years with local communities in my constituency, I am extremely aware of the problems associated with the misuse of alcohol, particularly where it involves the young. I am also aware of how this can impact on the lives, careers, families and communities of those affected. As the Minister stated yesterday at the launch of the Bill, this is a response to a deepening problem of alcohol misuse and it will also reduce public disorder and crime associated with alcohol misuse. It is not a killjoy measure or one conjured up by a nanny state. This is to assist in tackling problems which are consistently being raised by communities and groups throughout the country. It is a very balanced approach to what is an issue for many.

The Alcohol Related Harm in Ireland report, published by the HSE in April, shows how alcohol misuse is exacerbating our crime problem. Some 46% of those who committed murder or manslaughter were intoxicated at the time of their crimes, drunkenness was a factor in more than one third of all fatal crashes and public order offences committed by adults increased by 247% between 1996 and 2002. These are stark realities which emerged in this report and they require immediate intervention. To be fair to the Department of Justice, Equality and Law Reform and the present and the previous Minister, that immediate response is included in this Bill.

I am concerned following recent reports that our young people are now among the biggest binge drinkers in Europe. The statistics are horrific. Not all young people abuse alcohol or are adversely affected by the use of alcohol but for those that are, the initial binge drinking can be a first step to a life of crime. I have seen this at first hand in communities in my own area where young children, for whatever reason but mostly from boredom, become involved in the taking of alcohol with the result that they enter a spiral from which they cannot escape. Despite the many supports and programmes that are in place throughout the city, these young children find themselves in a position where they are helpless to help themselves. In the small minority of cases where they actually become addicted, it can have a devastating affect on a community or a family. Anybody working in this field will tell us that the age of young people who are becoming addicted, not just to alcohol but also to drugs, is falling.

The Bill attempts to tackle alcohol abuse and address the public order and licensing aspects of what is a national problem. When we hear reports of vulnerable communities, particularly elderly people who have their lives disrupted, often on a daily basis, by adults and children who abuse alcohol, we must take action. Studies have been undertaken on the effect of these issues. The Bill will go a long way towards addressing many of the problems these people and communities are experiencing.

I was concerned with two particular aspects of the Bill which the Minister addressed yesterday. In particular, the measures could have impacted on the livelihood of people who are trying to run respectable businesses to the highest possible standards. Primarily due to the concerns raised by Dr. Holmes in regard to the increased availability and visibility of alcohol, particularly off sales, the Bill in general makes provision for the following. Off-sales of alcohol will be permitted only between the hours of 10.30 a.m. and 10.00 p.m., or 12.30 p.m. to 10.00 p.m. on Sundays. A point which surprised many is that shops, supermarkets and garages can currently sell alcohol from 7.30 a.m. Another section deals with wine off-licences, which are currently available directly from the Revenue Commissioners but which will in future require a District Court certificate. Also, the grounds on which an objection may be made to the granting of a District Court certificate for an off-licence will be extended to include consideration of the needs of the neighbourhood. I will address this point later as it is crucial.

The Bill also states that alcohol products must in future be displayed and sold in supermarkets, convenience stores and so on in a specified area which is structurally separated from the rest of the premises. As I said, my area has a high concentration of small convenience stores which service large apartment complexes or estates further out in the suburbs. The majority of retail outlets agree that the concept of having a separate area for merchandising alcohol is a good way to go, including the use of turnstiles, as used in the North of Ireland. However, in many cases, this is not practical or possible due to the size of the store and also due to the requirement to employ a separate staff member and have a separate till to process the sale of alcohol.

We had detailed discussions with the Minister, Deputy Dermot Ahern in recent days. I was delighted to hear it has been decided, in consultation with the retail organisations and individual business people, that there will a code of practice which they will voluntarily implement — in many cases the codes and requirements are being enforced voluntarily. As a result, the Minister is willing to consider deferring the implementation of any structural changes that may be required in retail premises, specifically with regard to the sale of alcohol.

Having spoken to many business people in my own area, many of whom are very responsible, I know that if we had gone down the road of enforcing the segregation and separation of alcohol, because of the nature of retail sales and the competition which exists in that market, some of these retail outlets could have turned into off-licence premises solely, which would defeat the whole purpose of the Bill in reducing access to alcohol. Due to the size of the outlets, the nature of the business and the areas in which the convenience stores are located, it would not have been practical for them to take on refurbishments and additional staff. I was very much heartened by the Minister's decision to re-examine the issue and to defer any implementation pending consultation with the business people and their representative associations.

Members might not be aware that some retailers may need up to a dozen different licences before they can open their doors. Obviously one needs a licence to sell alcohol but one also requires a licence to sell lottery tickets, fresh food, fruit, stamps, fish and hot food, to name but a few.

The offer of a voluntary code of practice governing issues such as signage, access, availability and staff training is welcome. Staff in shops must be properly trained in customer service and in handling alcohol and cash. Outlets must invest in voluntary training programmes to ensure that only persons over the age of 18 are sold alcohol. We have heard anecdotal evidence of some retail outlets employing people under the age of 18 and allowing them to sell alcohol. We have heard other reports of persons selling alcohol who have very limited English, which can cause difficulties. It is important that high standards are enforced by the retailers themselves. Many of the retailers to whom I refer are small family businesses whose name is over the door and who have a certain standing and credibility to maintain in their communities. The onus is on them to ensure that proper training and information is provided to staff in upholding the law.

There has been much discussion about the early morning houses, a large number of which are located in my constituency. I have met many proprietors of such premises in recent days. Most early houses are run by families who have been in the business for generations. They were originally provided with a six-day licence to sell alcohol from 7 a.m. to facilitate those who worked on the docks and in the markets which are situated in central Dublin. Years ago, Dublin only came to life at 8 a.m. and most people went into work in the centre of the city. The city then effectively closed down at night, with most pubs, restaurants and shops shut by midnight. Today, we have a changed city which is cosmopolitan, busy and which caters for more than 1 million people. It is effectively a city that never sleeps and the number of people working at night or doing shift work has increased enormously in the past decade. I saw a petition from one particular early house which was signed by taxi drivers, nurses, doctors, gardaí, retail and service staff, postal staff and other community workers. All of those people are doing shifts or working throughout the night and are as entitled to go to a pub for some relaxation at the end of their working day as those who work from 9 a.m. to 5 p.m.

Many proprietors of early houses have pointed out that the problem of the negative consequences of the misuse of alcohol and the anti-social behaviour resulting from that does not occur between the hours of 7 a.m. and 10 a.m. The vast majority of the problems occur between 11 p.m. and 3 a.m. While a small number of the early houses open at 7 a.m., many do not open until 10.30 a.m. because that is the nature of the business. Very few of them engage in off-sales. The Minister has tackled that issue in this legislation, by precluding early houses from selling off-sale alcohol before 10.30 a.m. A lot of the early houses have a very regular clientele which has been built up over many years.

These are my two main issues of concern and I am glad to see that the Minister is aware of them and has pledged to deal with them. On the wider issue, alcohol abuse by some young people can be tackled by parental control, educational programmes and a restriction in the availability of low-cost alcohol, particularly in multinational supermarkets. We must ensure that the existing laws are implemented. In that context, alcohol promotions are a significant issue. I remember a discussion some years ago regarding alcohol promotions in colleges and universities. Alcohol companies were providing so much alcohol to clubs and societies that, in effect, the students were drinking for nothing. The companies were sponsoring their drinking and it was worth their while to do so. Promotions permit access to large volumes of alcohol and must be tackled. I welcome the fact that the issue is dealt with in this Bill.

The sale of large quantities of alcohol through "two for the price of one" promotions, whereby one can buy a dozen cans of a particular brand of alcohol and get another dozen free, is widespread among large multinational retailers. They use such promotions as loss leaders to attract customers into their stores, who then buy other goods. It has led to an enormous increase in the availability of alcohol, in terms of portability and accessibility. These issues are being tackled in the legislation, which will lead to a reduction in the negative consequences of the misuse of alcohol.

I welcome the introduction of increased powers for the Garda Síochána, which will contribute significantly to combating public disorder. The Bill provides for gardaí to seize alcohol from individuals if they suspect them of breaching public order. The power to seize was always a problematic issue. The gardaí currently have the power to seize, but only under certain conditions. This Bill strengthens the ability of the gardaí to seize alcohol from individuals they suspect of causing a problem.

The Bill also includes reforms to existing licensing laws that will allow the District Court to grant special exemption orders to nightclubs, late bars and other venues, with the aim of improving safety. The use of CCTV cameras is crucial in this area and it will be a statutory requirement for late-opening bars and nightclubs to install such equipment. CCTV systems have proven very useful in situations where people have been hurt and indeed, were used in the course of the investigation of a murder outside a nightclub. The use of CCTV in off-licences and retail outlets is crucial. It can help to tackle the issue of under age drinking. I know that some young people can appear to be older than they actually are, but retailers must ask for identification and CCTV cameras can police this.

The Stardust nightclub fire is still a source of comment for many people. Adequate fire safety in late night venues is crucial. We have seen incidents around the world where inadequate fire safety measures in late night venues has led to many deaths.

The sale of alcohol under a theatre licence will only be permitted during normal licensing hours in future. This is part of the licensing system that was being abused by a small number of proprietors but it is being nailed down in this legislation. An anomaly existed whereby some premises could remain open beyond normal hours without having to obtain special exemption orders. There were approximately 91,000 applications in one year for such orders. Again, this is all about addressing the misuse of alcohol and the consequences of misuse. The Bill is very strong on that. However, the Government can only go so far. This Bill is a start in terms of combating the problems associated with alcohol misuse.

There is a considerable amount of legislation in place. While we must ensure that the legislation is adequate and effective, personal responsibility must be part of the solution. Parents have a pivotal role in keeping younger children away from the dangers of alcohol and society has a collective role in addressing this problem. The Minister recognised that in his few words last night. This legislation uses a commonsense approach. This approach, matched by individual and collective responsibility by society, will address some of the problems and make a difference to the quality of life of our citizens in our communities.

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