Michael McGrath (Cork South Central, Fianna Fail)

I thank Deputy Fitzpatrick for agreeing to share his time with me and I welcome the opportunity to contribute on Second Stage of the Intoxicating Liquor Bill 2008.

We must acknowledge there is a problem in this country with regard to the abuse of alcohol. I emphasise the word "abuse" because there hundreds of thousands of people who consume alcohol in a responsible fashion on a regular basis. They get enjoyment from it and do so without causing harm to themselves or a nuisance to anyone else. It is important we put the debate in context. Notwithstanding this, we need to be honest with ourselves and acknowledge there is a problem with widespread abuse of alcohol in society. Some of the implications of the consumption of alcohol in an abusive manner, as the Minister outlined in his Second Stage speech, are a wake-up call, if one were needed, about the negative consequences of this problem. For example, he mentioned that alcohol is a factor in 28% of all attendances at accident and emergency departments in our acute hospitals, that alcohol is a contributory factor in 36% of fatal road crashes, that 46% of those who commit suicide are intoxicated at the time, and that alcohol is involved in 25% of domestic abuse cases. The abuse of alcohol also has a negative effect on the economy. It contributes to absenteeism and leads to poor performance at work. If we were to calculate the effect in monetary terms, although it would probably be impossible to do so, it would run into billions of euro. However, the personal costs are incalculable. If we consider some of the results of alcohol abuse, such as road crashes and domestic abuse, we can see that the fallout in society is very serious. This makes it all the more important that the House treat this Bill as a priority and ensure its passage at the earliest possible time.

People living in communities throughout the country are terrorised by the anti-social behaviour sometimes associated with the abuse of alcohol. Every politician in this House is contacted on a regular basis by constituents who are dealing with that in their daily lives. We must accept in this debate that our love affair with alcohol, as a country, is not without consequence. Gardaí have an extremely difficult job in dealing with the abuse of alcohol and its fallout in society. There is nothing we can do in this House that will in itself resolve the alcohol problem in Ireland, but there are measures we can adopt which will help the Garda in carrying out its difficult task of managing the fallout of alcohol abuse. These measures must, in line with this Bill, deal with two issues: public order and controls on the environment in which alcohol is sold in both the off-trade and the on-trade. I commend the Minister, Deputy Dermot Ahern, and his predecessor, Deputy Brian Lenihan, on the speedy adoption the report of the Government alcohol advisory group. The report was submitted, as the Leas-Cheann Comhairle knows, at the end of March. The general scheme of the Bill was published in April, and we are here now, sitting late, to deal with Second Stage. It is to be hoped we will move towards the final adoption of the Bill in the days ahead.

I welcome the contribution made by the Bill in curtailing the consumption of alcohol in public places and that it allows gardaí to seize alcohol from persons who are under age. I was mistakenly of the view that the Garda already had this power. Many gardaí have already been exercising it without it being in statute form. They did so in a discretionary manner and they will continue to use the power wisely. In Cork county and city, as Deputy Noel O'Flynn pointed out, specific by-laws are already in place prohibiting the consumption of alcohol in public places. I know from my experience in Cork county that this works quite well. It varies depending on the level of enforcement by the Garda, but my experience is that these measures are helpful and that young people fear the seizure of alcohol and the consequences of being caught drinking in a public place as it will be brought to their parents' attention.

It is important to point out that the new measures put forward in this Bill are additional to all of the existing powers of the Garda Síochána. They are not in themselves the answer to the problem but if used judiciously by the Garda they will help to deal with the problem of alcohol abuse. They will also facilitate early intervention. If a garda identifies a group of people drinking in a public place early in the evening he or she can intervene and possibly prevent problems that might arise three or four hours later when a lot more alcohol has been consumed.

I welcome the Minister's statement in the House that he is willing to consider a code of practice to be put forward by the retail trade with regard to the structural separation proposed in section 8 of the Bill. If a proper code of practice is introduced by the sector, provided it is subject to independent audit and verification, and if the evidence on the ground is that retailers are acting responsibly, the Minister will give them the benefit of the doubt and will not invoke the provisions of section 8 on structural separation.

I welcome the restrictions on the hours in which alcohol may be sold by the off-trade. They are sensible and helpful. It is important the measures we put forward are meaningful and effective and contribute in a tangible way to dealing with the fallout of alcohol abuse. When we were discussing this in the Fianna Fáil justice policy group, many of us made the point that controls at the point of sale are what really count. When a person approaches a counter with alcohol, what checks and balances are employed by the person behind the counter? Does he or she ask for identification? How does he or she ensure that the person is not intoxicated and is over 18 years of age?

I welcome the broadening of the scope of objections that can be put forward by residents and the Garda when applications are made for off-licences. That residents feel the demand for the off-trade has already been met in an area will be a justifiable reason to submit an objection to the issuing of a licence. It is important that the penalties we impose for recurring breaches of this Bill and previous Acts are serious and feared by the trade. The fact that a premises may be shut down for a minimum of two days is an important step forward.

Much has been said in this House and outside about the move from the on-trade to the off-trade and the consequences for rural Ireland and alcohol consumption generally. This is a fundamental point because when alcohol is consumed in a public house controls are in place. The majority of public houses are owned by an identifiable person who has an interest in ensuring the establishment is well run and does not get a bad name or attract attention from the Garda. The shift from the on-trade to the off-trade has meant more alcohol is now consumed in an uncontrolled environment, often at home or at parties. The same controls are not in place and this may account for some of the problems that have taken hold in the past number of years.

With regard to special exemption orders, I welcome that a condition can be imposed that, on the granting of such an order, a closed circuit television, CCTV, system must be installed by a licensed premises. The Minister should further extend this and require certain licensed premises to install CCTV in the surrounding area, perhaps covering up to 100 m either side of the premises on the street outside. In the event of problems spilling onto the street the Garda would have the resource of CCTV to avail of in a related investigation. I also welcome the fact that the District Court must be satisfied that all fire safety standards have been met before granting a special exemption order. I welcome the tightening of provisions relating to theatre licences and the fact that they will be subject to normal licensing hours, as will any other public house.

Some issues outside this Bill must be highlighted, particularly parental control. Many of the problems in society relating to alcohol abuse are associated with young people, under age in many cases, consuming alcohol in an uncontrolled fashion without supervision. No law can be passed in this House that will solve the issue of the abuse of alcohol; parents can achieve far more by working on the issue and I encourage them to do so.

The secondary purchasing of alcohol is already illegal but we should send out a loud and clear message that it is highly irresponsible of any adult to buy alcohol for an under age person. Many adults do so at a profit, which is a disgraceful thing to do, and we should not be shy in condemning the practice. Alcohol is now so cheap that we must put effective controls in place. Section 13 allows for test purchasing, that is, the Garda using an under age person to attempt to buy alcohol. Such sting operations have a much greater role to play, not just in terms of under age drinking but across a range of areas in criminal law. I welcome this provision and hope the Garda use it.

I look forward to more progress in future on traceability and ID. I welcome the fact that the Bill allows for the introduction of regulations dealing with alcohol being sold at promotions in a cheap and irresponsible fashion. I congratulate the Minister on bringing forward this Bill.

See this speech in context