Seanad debates

Wednesday, 18 June 2003

Intoxicating Liquor Bill 2003: Second Stage.

 

Sections 13 and 16 clarify the existing exception of drinking in a private residence with parental consent. The Minister should reconsider this. The provisions of section 31(2) of the 1988 Act may be too wide and may encourage irresponsible parents and guardians, on one hand, while facilitating retrospective parental consent to avoid prosecution or conviction, on the other. There have been cases of under age persons ordering alcohol, from cider to spirits, and having it collected and delivered by taxi to a private residence as though ordering a pizza. This provision should be reworked so that, in the event of a prosecution, it would be open to a court to hold that the purchase for, supply to or consumption by a person under 18 years in a private residence would not be unlawful where there was explicit consent from that person's guardian and where the surrounding facts and circumstances were reasonable in the opinion of the court. In this event, the court could have regard to issues such as the quantity and type of alcohol purchased, supplied or consumed, the location and time of consumption and whether there was parental or adult supervision at the relevant time.

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