Joe O'Toole (Independent)

I move amendment No. 2:

In page 6, lines 25 and 26, after "person" to insert "is incapable or".

We must carefully examine the tests of the terms "drunkenness" and "drunken". It struck me that one might be of the reasonable apprehension that a person was intoxicated and also be of the view that the person would not be a danger to himself or herself or others, but would be utterly incapable of doing anything to himself or herself or others and should not under any circumstances be served any more drunk. I am concerned that the interpretation of the term "drunken" would require a person to conclude that a person might endanger himself or herself, whereas a person could be completely incapable without there being a risk of endangerment.

The amendment seeks to change the provision in order that it should read, "A drunken person means a person who is intoxicated to such an extent as would give rise to a reasonable apprehension that the person is incapable or might endanger himself or herself or any other person in the vicinity and "drunk" and "drunkenness" are to be construed accordingly". The amendment is self-explanatory and seems a sensible suggestion in this prohibitive legislation.