Dáil debates

Tuesday, 8 July 2008

Intoxicating Liquor Bill 2008: Committee and Remaining Stages

 

9:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

What will be the practical import of the amendments and the regulations? Deputy Ó Snodaigh made a reasonable point. An alleged offender will be questioned by a garda, presumably at the scene of the public disorder or drunken state. He or she will be taken to the Garda station and an arrest will be made followed by a caution and a charge. Is it envisaged the person will be released at that stage into the community? When will the court hearing take place? Is it envisaged the regulations will be similar to those relating to driving offences? Will higher penalties be applied to those who opt to go to court? If so, that will be in marked difference to the regulations governing driving offences because a vehicle is not involved. Will the Minister place a greater burden on a person who feels his constitutional right to appear before a court will result in a greater fine or penalty being imposed by virtue of taking such an option? As we are not clear on these issues, I ask the Minister to take us through them. It is not sufficient to allow for regulations to be drafted outside the House where it or one of its committees would not have an opportunity to engage in formal discussion.

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