Dáil debates

Thursday, 26 June 2008

Intoxicating Liquor Bill 2008: Second Stage (Resumed)

 

1:00 pm

Photo of Mary WallaceMary Wallace (Meath East, Fianna Fail)

I warmly welcome the provisions of this Bill. Alcohol consumption is an integral part of Irish life that can, and often does, lead to problems for individuals and for the wider community when it is misused. Alcohol harm is visible throughout Ireland — on the streets, in the courts, hospitals, workplaces, schools and homes. Our first concern is to ensure the protection of our young teenagers. Despite the tendency to blame under age drinkers, the vast majority of alcohol harm occurs among the adult population where it manifests itself in terms of accidents, hospital admissions, street violence, drunk drinking, alcohol poisoning, suicides, alcohol dependency, cancers and cirrhosis. Our focus is on young teenagers who deserve the protection of the legislation and on gardaí in our communities who deserve the support of legislation to deal with issues related to anti-social behaviour.

Alcohol consumption per capita in the Irish population increased by 17% during the past 11 years with the average consumption of pure alcohol per person in Ireland over 15 years of age being 13.36 litres. This figure has been mentioned previously in the debate. Having regard to the fact such alcohol consumption is 30% above the EU average and, in particular, that up to 20% of adults do not consume alcohol, the amount consumed by those who do is even greater and this increases the likelihood of alcohol related harm and public order offences. Abuse of alcohol is also common among those aged under 18 years of age. This happens everyday in our communities and we are all concerned about what is happening to our young teenagers. We have statistics in this area. The 2006 national study of health behaviour in school age children found that half of those aged 15 to 17 years reported being current drinkers and more than a third reported having been "really drunk" in the previous 30 days.

We need to strengthen our resolve to tackle alcohol related problems. We need to take responsibility both collectively and individually. We also need to examine our social acceptance of alcohol and the signal that it sends particularly to our young people. We must ask ourselves if adults provide an appropriate example to younger people in regard to alcohol. It also needs to become socially unacceptable for people to be excessively drunk on our streets. This change can only occur when we stop excusing such behaviour. It is a change which can be achieved, but it can only occur through multi-sectoral action.

In order to tackle the problems of alcohol misuse in our society, I support the view that we need to take a twin-track approach in terms of strategies and interventions. On the one hand, we need to target vulnerable populations and, on the other, we need to have policies to target the population at large in order to be effective in addressing this issue. This is the policy approach being taken by the health promotion unit of the Department of Health and Children. We firmly believe that certain additional measures are required, particularly regarding price and the ease of availability of alcohol. It is for these reasons that we have a particular interest in and warmly welcome this legislation.

The Bill contains important reforms of the licensing laws and public order legislation to address the adverse consequences of alcohol misuse in our society. I particularly commend the Minister on the changes proposed in this legislation in regard to addressing public order problems. Many communities are concerned about the abuse of alcohol by persons under the age of 18. This legislation gives gardaí powers to seize alcohol from persons they adjudge to be under age and who cannot satisfactorily prove that they are over 18, and to move them on from the location in which they are consuming that alcohol. This will be particularly welcomed by communities concerned by the anti-social behaviour of young people congregating in unoccupied and derelict buildings and building sites, at river banks and on the streets. A person who fails to co-operate either in handing over the alcohol or in providing his or her name, age and address may be arrested and charged with an offence.

I also welcome the powers afforded to gardaí to dispose of the seized alcohol provided they retain a record of it. I am aware of reports in my own area of parents coming to the local Garda station seeking the return of alcohol confiscated from their children. I am amazed at such behaviour, which raises serious questions of parental responsibility. I welcome the introduction of fixed charge penalties, or on-the-spot fines, and the arrangements being made for the payment of these charges. These measures provide gardaí with stronger powers in regard to early intervention and assistance in the prevention of offences. The facilitation of the gardaí in responding to and preventing unacceptable behaviour will be welcomed by communities throughout the State.

I also welcome the reduction, by 29 hours per week, in the time during which mixed trading premises may sell alcohol. It always amazed me that people could purchase alcohol in the supermarket on the way to work. The legislation provides for the restriction of off-licence sales to the period between 10.30 a.m. and 10 p.m., and to between 12.30 p.m. and 10 p.m. on Sundays and on St. Patrick's Day. Like other speakers, I warmly welcome the provision whereby applicants for a wine licence will require a District Court certificate.

We are discussing this legislation against the background of a substantial increase in the number of off-licences and the impact of this on the availability of alcohol in communities. In the six-year period from 2001 to 2007, data from the Revenue Commissioners show that the number of off-licence permits issued for the sale of spirits and beer increased by 70%, from 790 to 1,300. These statistics merely confirm what is evident in communities throughout the State. The number of wine-only off-licences almost trebled in this period to 3,600. I welcome the provision which will permit gardaí or local residents to object to an application for an off-licence on the basis that it is not required to meet the needs of residents or because there is already a sufficient number of such outlets in the locality.

I also welcome the provision whereby the District Court may require the installation and operation during licensing hours of a closed circuit television system. This will be beneficial in deterring people from loitering in the vicinity of off-licences and in combating secondary purchases, that is, where under age persons try to persuade or pressurise adults to purchase alcohol on their behalf. We are all aware of this happening outside supermarkets and other retail outlets.

I strongly support the proposal to separate alcohol products from other products in supermarkets, convenience stores and petrol stations. We must send a strong message from this House to the trade. I understand from the Minister that the proposed codes of practice are under consideration merely as an initial step. We will all be satisfied if agreement can be reached on the operation of these codes so that they can achieve effective structural separation which is subject to independent verification on an annual basis. That is precisely what we want to achieve, whether it is done through the code or via the eventual implementation of section 8. The structural separation of alcohol products within premises, with the associated requirements regarding signage, warning signs, in-store advertising and staff training standards, must be overseen and enforced through an independent audit and verification mechanism.

I am aware of several pubs whose owners have taken advantage of the loophole in regard to theatre licences. In such cases, the objective is to allow for the sale of alcohol into the early hours and all the publican may have to do to satisfy the Revenue Commissioners of the authenticity of an application for a theatre licence is to provide some live music, additional seating and so on. Section 10 of the Bill closes off this loophole by stipulating that the sale of alcohol before and after performances in premises with theatre licences will only be permitted during normal licensing hours. I am extremely pleased with this provision.

I strongly support the proposal in section 13 on the introduction of test purchasing, whereby gardaí will be permitted to send a person aged 15, 16 or 17 years into a licensed premises for the purpose of seeking to purchase or being permitted to consume alcohol. Parental or guardian consent in writing will be required. We are hopeful this measure will lead to greater use of the Garda age card and to a stronger culture of compliance with provisions regarding under age drinking. Some shop premises and supermarkets act responsibly within their communities but those who do not should be aware that they may now be subjected to test purchasing.

I agree with Deputy Clune's comments on the effectiveness of the television advertisements which feature actors representing nurses, shopkeepers and other members of the community saying they have had enough of the consequences of the abuse of alcohol by others. Next Tuesday, 1 July, new strengthened codes on advertising and sponsorship by the alcohol industry will come into effect. The new codes should not be viewed in isolation but rather as one measure in a package of policy measures to address alcohol-related harm. In tandem with this, the health promotion division of my Department is commencing a process to identify areas in regard to alcohol advertising, promotions and sponsorships where legislative measures may be necessary to afford greater protection to young people. In addition, we are establishing a working group to examine the extent of existing sponsorship, including the terms and length of contracts. This group will seek to give direction on concerns regarding the extent of sports sponsorship by alcohol companies.

I assure the Minister for Justice, Equality and Law Reform that the health promotion unit of my Department is strongly supportive of this legislation. We welcome the important reforms of the licensing laws and the public order measures it contains. I am extremely pleased to see the Bill being implemented in advance of the summer recess. It will do much to address the adverse consequences of alcohol misuse in our society, particularly in terms of availability and access and Garda powers to deal with public order offences. Recent reports indicate that anti-social behaviour is a problem in many communities, particularly where young people congregate beside the river, in the forest, on the street or even in playgrounds. The additional powers for gardaí in this legislation will have a significant impact in communities. I welcome the Bill and wish it every success.

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