Dáil debates

Thursday, 26 June 2008

Intoxicating Liquor Bill 2008: Second Stage (Resumed)

 

1:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Fianna Fail)

I welcome the Bill and the debate and compliment the Minister for Justice, Equality and Law Reform and the former Minister in that Department, Deputy Brian Lenihan. While alcohol is part of the social fabric, for too long it has been widely abused. Legislative reforms are needed to tackle public disorder and alcohol-related harm resulting from excessive alcohol consumption. Every weekend we see evidence of this need on our streets and in the accident and emergency departments of our hospitals. The problem is not confined to large urban centres but also affects small towns and villages across the country.

The Bill will give effect to reforms recommended by the Government alcohol advisory group, which I thank for its work. The Bill tackles the increased visibility and availability of alcohol through retail outlets with off-licences, while tightening the conditions under which premises with on-licences qualify for special exemption orders permitting them to remain open beyond normal licensing hours. It also places renewed emphasis on enforcement of licensing law, particularly in regard to underage drinking.

The Bill also strengthens public order provisions by including measures to curtail alcohol consumption in public places, especially by those under 18 years, and allowing the Garda to seize alcohol. The Garda Síochána will also have powers to seize alcohol from any person, regardless of age, where the consumption of alcohol in a public place is causing, or likely to cause, a breach of the peace.

We have one of the highest alcohol consumption levels in the European Union. Average consumption of pure alcohol per person over 15 years of age in 2006 was over 13 litres, a frightening statistic.

The proposals in the Bill represent a coherent and carefully balanced package of practical measures and reforms which are designed to reduce access to alcohol, including its visibility within retail outlets, while also strengthening measures to tackle public disorder and anti-social behaviour on the streets and in our communities.

I welcome the new Garda powers to seize alcohol which are in addition to existing powers to deal with public order offences. The new powers will permit early intervention by the Garda and help to prevent offences taking place. There has been too much of an increase in the number of supermarkets, convenience stores and petrol stations with off-licences in recent years. At the same time, there has been a remarkable increase in the scale and frequency of alcohol promotions and price discounts. The result has been a marked increase in alcohol availability and visibility within these mixed trading premises. I feel sorry for people grappling with problem of alcoholism who have to enter these premises to buy their groceries and see all the alcohol promotions before them. That is not a satisfactory situation.

The Bill provides for the separation of alcohol products from other products in premises which are engaging in mixed trading, such as supermarkets, convenience stores and petrol stations. There is a need to curtail the availability of such products in these outlets. We also need to support our traditional pubs because in the main they have served us well over the years. They were very careful in regard to their licences which had to be renewed every year. They were pragmatic in regard to how they dealt with underage and overage drinking and persons whom they felt could have consumed too much alcohol. They were sensible people in the main and compliant with the legislation.

The proposals set out in Part 2 contain reforms relating to the sale and consumption of alcohol, including measures to improve compliance with and enforcement of licensing law. Section 4 proposes generally to restrict off-sales of alcohol to the period between 10.30 a.m. and 10 p.m.; and 12.30 p.m. to 10 p.m. on Sundays and St. Patrick's Day. The existing concession which permits the sale of alcohol from 7.30 a.m. to 10.30 a.m. in supermarkets and convenience stores is being repealed. That is a welcome measure.

At present, a wine retailer's off-licence may be obtained directly from the Revenue Commissioners with a District Court certificate. Applicants for a spirit retailer's off-licence or a beer retailer's off-licence require such a certificate. As recommended by the advisory group, section 5 provides that in future an applicant for a wine retailer's off-licence will also require a District Court certificate.

Section 6 extends the grounds on which the District Court may refuse to grant a certificate for a spirit, beer or wine retailer's off-licence. Similar grounds already apply to applications for on-licences under the Intoxicating Liquor Act 2000. Objections may be made at the relevant District Court hearing by the local Garda superintendent and local residents or residents' groups. When granting a certificate, the District Court may also impose a condition that a CCTV system be installed.

Following discussions with the trade bodies representing supermarkets and convenience stores, the Minister is considering whether a code of practice proposed by the sector is a workable alternative to section 8. As part of the code, the sector would sign up on a voluntary basis to implementation of arrangements which, if implemented, would achieve the Bill's objectives. In particular, the code will require the display of alcohol in a specified part of the premises. It is vital to the success of any code that all supermarket multiples and convenience store groups sign up to it and implement it in an effective manner. Not only should they sign up to the code in writing but they should implement it in spirit and provide evidence to that effect.

The Bill is long overdue. I am pleased it is to be enacted before the summer recess. I hope, with the co-operation of all parties, that it will lead to an improvement in social life in Ireland.

I commend the Bill to the House.

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