Joe Costello (Dublin Central, Labour)

I am pleased to have the opportunity to say a few words on this Intoxicating Liquor Bill 2008. There is a sense of déjÀ vu in seeing another intoxicating liquor Bill as every Minister for Justice, Equality and Law Reform produces one and expects that it will do the business. We see a new Bill each session after the failure of a previous Bill put forward by a Minister for Justice, Equality and Law Reform. The problem remains as stark, dire and difficult to deal with after each Bill.

The former Minister emphasised extending the opening hours of public houses but the current Minister emphasises the reduction of the opening hours of off-licences. It is a case of one steps in and the other steps out; a shift in one direction is followed by shifts in other directions.

The provisions of this Bill are pragmatic and should have an impact in addressing the situation they are meant to address. They aim to resolve some of the public order issues that are related to the abuse of alcohol. However, it is seldom that legislation effects a significant improvement in matters of this nature. There is already much legislation relevant to this area that is not being implemented properly. Policing is haphazard and ad hoc and operates differently in different parts of the country, different counties and urban and rural areas. A certain flexibility exists in terms of Garda powers and this is an issue. For example, in County Mayo, for the offence of serving drink to minors, there is a high level of prosecution of owners of public houses and off-licences. In other areas prosecution for such offences hardly occurs. How robustly the legislation is implemented depends on the superintendent or chief superintendent in charge. This area could be addressed without new legislation.

There is an issue of lack of responsibility in the industry. There is a willingness to allow situations where people consume too much drink to develop and a blind eye may be turned to individuals, who could well be adults, purchasing drink in off-licences for minors. In general the industry has much to learn and the suggestion that it should be responsible for a fund to treat the negative effects of alcohol should be examined as such a scheme would show a certain level of responsibility.

The Leas-Cheann Comhairle has often raised the issue of labelling and traceability. It was included in the previous legislation and the 1999 legislation but it has never been implemented. The Minister had the power to implement it but did not do so and nor did his predecessor. There is not much sense in introducing such provisions if they are not to be implemented. Labelling bottles, containers and cans of alcohol to identify where the product was sold, whether it be an off-licence, convenience store or supermarket, would be very useful for the Garda. Gardaí would be helped by knowing the source of the product they find being abused in a field and such labelling should not be beyond the abilities of modern science, considering the extent to which barcoding for prices and stocktaking exists in shops. That would be very helpful.

Part 3 of the Bill, which sets out some new Garda Síochána powers, involves an amendment to the provisions of the Criminal Justice (Public Order) Act 1994 relating to the seizure of alcohol. The Garda already has a considerable body of powers which could be implemented. Its power to seize containers of alcohol in public places, at public events, etc., is not being implemented. I suppose it is a starting point.

I am pleased the alcohol advisory committee, which was established in January 2008, produced a report in March 2008. It is almost a record for a body of that nature to report within three months. This legislation, which results from that report, was published within a further three months and probably will be passed this month. It is something of a record to meet all such deadlines. The chairman of the committee, Mr. Gordon Holmes, did sterling work with this report, as he did with previous reports. His practical work in dealing with these issues certainly represents a service to the country.

The three central issues which are covered in this legislation, in the interests of curtailing public disorder and anti-social behaviour on the streets, are quite separate. The Bill addresses the increase in the number of supermarkets, convenience stores. petrol stations and off-licences selling alcohol, deals with the number of special exemption orders and sets out certain sanctions. We are so used to anti-social behaviour on our streets that we are almost immune to it. Such disorder does not surprise us greatly. When one travels around public places, such as city streets and housing estates, on weekend nights, one observes this major problem. One of the features of modern Ireland is the inordinate amount of disquiet and, in many cases, fear that is caused by groups of people who rove around in possession of containers of alcohol, or already having consumed alcohol. This is a relatively new phenomenon in so far as it did not precede the Celtic tiger to any great degree. New measures are required to deal with such actions, which have caused many people a considerable amount of grief.

Ireland is a nation that sees alcohol as its favourite drug. Irish people have been happy to consume it over the years. There is nothing new in that respect. Alcohol seems to attract people of all classes and ages. It is associated with junior certificate, leaving certificate and university students. It is at the heart of virtually every social event, including communions, confirmations and weddings. The social lives of most Irish people revolve around alcohol. Legislation of this nature will not change that culture. The need to address that culture may well be another day's work.

As we consider the nuts and bolts of every Bill that is presented, we should also focus on our broader philosophy — the thrust of what we are trying to do. It is not just a question of public order, which is the issue on the ground. We also need to reflect on why public order offences represent such a huge problem. I suggest that Ireland has never had a responsible attitude to alcohol consumption. Irish people who are not pioneers tend to engage in over-consumption. What is seen in Ireland as normal consumption of alcohol is seen on the Continent as binge drinking. The attitude of most European people to the consumption of alcohol is different from the actual experience in Ireland.

Much more work, involving much more time than we can give to this Bill today, is needed if we are to address the issues I have mentioned. Such a detailed consideration of these matters is the only way we can deal with this problem. Regardless of the amount of effort we put into legislation, it will not represent more than the tip of the iceberg. This problem is often highlighted on television when Irish sporting teams play abroad. There is something extremely boorish about the behaviour of certain characters in the stands who wave the flags of public houses or wear Guinness t-shirts. They are indicating it is their culture to have an affiliation with a public house or an alcoholic product. I suggest that they are non-cultural — rather than cultural — expressions and symbols.

I do not doubt that the availability of alcohol is one of the factors that contributes to the problems under discussion. The ready availability of alcohol leads to greater consumption of alcohol. The same would be the case if drugs were freely available. The trade in alcohol of supermarkets, off-licences, convenience stores and forecourts has mushroomed in recent years. There has been an increase in this area since the advent of the Celtic tiger. Now that the Celtic tiger is no more, I hope there will be a reduction in such activity. The new approach to the consumption of alcohol involves more drinking outside the public house, specifically in the home. There was a time when the consumption of alcohol was concentrated in public houses.

We need to consider how alcoholic products are presented in supermarkets and convenience stores. If one goes into a regular supermarket, one will find that alcohol is stocked in the same aisle that contains soft drinks, such as Lucozade, Coca-Cola and Pepsi. A child who is looking for a soft drink has to go to the same aisle as those who are looking for alcohol. There is a lot to be said for separating both types of refreshment. A different type of clientele is attracted to each. If young people find alcoholic products juxtaposed with soft drinks, that will make it easier for them to approach such products, including hard liquor. I agree with the idea of outlawing the below-cost selling of alcohol and certain types of promotion of alcoholic products.

We have not really spoken about the sale of alcohol Bill, which will make certain provisions in respect of sponsorship and advertising by alcohol companies. It is of major importance that associations involved in sporting and other healthy activities distance themselves from tobacco and alcohol companies which have used despicable mechanisms to sell their products. While there is no relationship between the two categories of organisation, they are always linked as if one leads to the other.

I am happy enough with the proposed restriction on the opening hours of off-licences. If off-licences are open from 10.30 a.m. to 10 p.m., people will have enough time in which to sell alcohol. I do not see a problem with that. I suggest that we could provide for a later opening time on St. Patrick's Day, as the proposed 12.30 p.m. opening time is a little early. The agreement that off-licences in Dublin city centre should not open until 4 p.m. on St. Patrick's Day, which was brokered by the Lord Mayor of Dublin, has resulted in a significant reduction in the awful mauling around the place at an early hour that has been associated with St. Patrick's Day in recent years. I do not see the reason for restrictions on the early houses. They are few and far between and the issue is one we can examine with a view to allowing them continue. They do not tend in any way——

See this speech in context