Anne Rabbitte (Galway East, Fianna Fail)
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9. To ask the Minister for Justice and Equality if she will be bringing forward new measures to tackle underage drinking. [15527/17]

Anne Rabbitte (Galway East, Fianna Fail)
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My question is whether the Tánaiste will be bringing forward new measures to tackle underage drinking.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is there are robust provisions in place regarding the sale and the consumption of intoxicating liquor by persons under the age of 18 years. The law in this area was most recently amended by the Intoxicating Liquor Act 2008, which amended the Licensing Acts 1833 to 2004 and the Criminal Justice (Public Order) Act 1994 with the aim of reducing access to alcohol and at the same time strengthening measures to tackle public disorder and anti-social behaviour.

The sale of alcohol products to underage persons is prohibited under licensing law. As the Deputy knows, it is an offence under section 31(2) of the Intoxicating Liquor Act 1988, as amended, for a licenceholder to sell or deliver, or permit another person to sell or deliver, intoxicating liquor to a person under 18 years of age. This applies equally to premises with off-licences, including supermarkets, convenience stores and similar outlets, and those with on-licences such as public houses. The penalties were substantially increased in 2008. On conviction for a first offence, a mandatory closure order of between two and seven days will be imposed, together with a fine of up to €3,000. The penalties for a second or subsequent offence is a closure order of between seven and 30 days and a fine of up to €5,000. In addition, the licensee is required to continue to pay staff for the duration of the closure period.

Moreover, under section 32 of the 1988 Act, as amended, it is an offence for a person to purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years or to deliver intoxicating liquor to such a person. Under section 33 of the 1988 Act, as amended, it is also illegal for a person under 18 years to buy intoxicating liquor or to consume it in any place outside their home or in another person's home where they are present by right or with permission.

There is very detailed legislation about this. Clearly, the implementation or monitoring of it is a highly challenging issue. We know we have a very serious problem in respect of young people's drinking, which is not least seen in our road statistics. Alcohol features in many of the fatalities we see on the road, particularly among younger people. It is a group we need to target in this regard.

Additional information not given on the floor of the House

The Intoxicating Liquor Act 2008 also provided the Garda with significant additional powers to address the problem of alcohol sales to persons under the age of 18 years. Section 14 contains provisions which allow a garda who believes with reasonable cause that a person is under 18 years and that that person, or anyone accompanying that person, is in possession of intoxicating liquor for the purpose of consuming it in a place other than a private dwelling, to seek an explanation and if not satisfied with the reply, he or she may seize the intoxicating liquor if it is not handed over voluntarily.

Section 14 of the 2008 Act also makes provision for the test purchasing of alcohol products. The primary objective of the scheme, which entered into force on 1 October 2010, is to enable the Garda to target those licensed premises which are suspected of engaging in illegal sales to young people. This scheme provides the Garda Síochána with an additional instrument in its overall enforcement programme.

The Garda national age card scheme is an important proof-of-age mechanism in respect of the sale of intoxicating liquor. The scheme is administered by An Garda Síochána and has facilitated the Garda, in co-operation with the licensed trade, to address and combat underage consumption of intoxicating liquor.

The Criminal Justice (Public Order) Act 1994, which was amended by the 2008 Act, also permits An Garda Síochána to seize bottles or containers containing intoxicating liquor where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner. Incidents of public disorder and anti-social behaviour arising from the abuse of intoxicating liquor are investigated by the Garda and dealt with in an appropriate manner, including by caution, fixed charge penalty notices or commencement of proceedings.

In addition, the Public Health (Alcohol) Bill, the overall objective of which is to reduce alcohol consumption and to address the underlying causes of alcohol misuse, includes a number of provisions aimed specifically at children. For example, the Bill makes provision for restrictions on the content, placement and volume of alcohol advertising. The aim of the restrictions is to protect children from exposure to alcohol advertising and to break the positive associations between alcohol and lifestyle, for example, advertisements linking alcohol with social or sporting success. The Bill also prohibits the sponsorship by alcohol companies of events where the majority of individuals taking part are children or aimed particularly at children. The Bill commenced Committee Stage in the Seanad on 26 October last and I understand from my colleague the Minister for Health, who is responsible for the Bill, that it will recommence Committee Stage in the Seanad during the current session of the Oireachtas.

Anne Rabbitte (Galway East, Fianna Fail)
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I thank the Tánaiste for her response and warm to her closing words, when she moved away from all the legislative pieces that are place. While the legislation is there, my question is about its implementation and enforcement. The Tánaiste talked about the 1998 Act and the issue of delivering alcohol to minors. That is where my biggest concern lies. I am at the stage of bringing teenagers to discos and when I pull up to the disco I am turning into one of those mothers who stays in the car and watches to make sure they go in the door. If I turn my eye and look down along the canal or the walkway, as it is called in Loughrea, I am watching the over-18s sell the cans and bottles. I am a mother in that moment, not a Deputy or anything else. I see the oranges being handed over that have been frozen with vodka, so they can suck on the oranges as they are standing there. I am talking about second and third-year discos.

On the enforcement of the 1998 Act, I suppose we are talking about community policing and so on, while they are doing a fantastic job they cannot watch every last bit of it. How can we progress it on to that part of enforcement?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I agree with the Deputy. As a mother of three sons who are thankfully now older, I can empathise with her concerns about young people. We have to approach this on a number of different levels. Enforcement is one part. My own view is that the Public Health (Alcohol) Bill is really important legislation. I am struck again and again by the ambivalent attitudes often displayed in this House when it comes to alcohol legislation. I must say I regret that. We need to be sending clear messages about our approach, within the Public Health (Alcohol) Bill and other legislation that is being recommended at present. We either want to deal with this issue or we do not. It requires a very serious and thorough approach. The Public Health (Alcohol) Bill is a very important part of getting the message across to our young people. The provisions in it aimed specifically at children are really important. The Bill makes provision for restrictions on the content, placement and volume of alcohol advertising. We all know that is so important when it comes to young people as they are influenced by this type of advertising. The aim of the restrictions is to protect children from exposure to alcohol advertising and to break the positive associations between alcohol and lifestyle, for example, advertisements linking alcohol with social or sporting success. We have to get serious about this if we want to deal with the issue. Of course it is about the legislation that is in place pertaining to young people. It is about enforcement of the underage provisions. However, our critical task as a society is to deal with these other issues, many of which are addressed in the Public Health (Alcohol) Bill.

Anne Rabbitte (Galway East, Fianna Fail)
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I thank the Minister. This is a topic in respect of which we need to get serious. We are sometimes too quick to point the finger, whether in the direction of the shopkeeper or the off-licence, but I believe there is an onus on parents to take responsibility and leadership. I also have to question the whole idea about the implications of below-cost selling and easy access to alcohol, particularly in very large shops where people walk in and see it.

Drinking on the streets and public order is another issue. There is a law in place to govern that but drinking when walking down a street before a game or on a balmy summer day is not the right message to be sending out because it is not legal in this country. I would love to see that law enforced more and, yet again, that is where increased community policing comes in. It is important to say that community policing is not the sole solution to this problem. Under age drinking is a huge problem that also needs to be addressed in the schools.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The antisocial behaviour we can see on streets and in estates and communities is very upsetting for local residents. The Deputy made that point very clearly. It is a very important part of local policing. There are now some new initiatives in the parks. The police are working where young people are gathering and getting to know them, and they are interrupting anti-social behaviour. We need to see more of that kind of policing in public places because this behaviour interferes hugely with people's quality of life, it is dangerous for the young people and it interferes with people who just want to use the park for recreational purposes. In my own area of Lucan and Clondalkin I have seen some very effective local policing in respect of these issues and I believe it is an increasing focus of community policing. I am very pleased that the development of community policing is a priority in the policing programme for this year.