Jim Walsh (Fianna Fail)

The essence of the Bill is probably the definition of drunkenness, something which has engaged the minds of the Minister and the Department for some time. We expressed ourselves reasonably happy yesterday with the definition in the Bill but the more information we elicit from the Minister in this debate, the more clarity there will be. If we are debating it here, it will obviously give rise to considerable debate among solicitors and barristers in the courts. Taking the definition to mean the person is a danger to themselves or others, it can mean a person who has become obstreperous in a pub, even to a limited degree. The definition would also apply if the person appeared to be so intoxicated that they were a significant danger to themselves from falling.

I have one concern about the definition. One could have a definition of a danger to oneself which would be compatible with the drink driving regulations. If somebody drinks three or four pints and they have a motorcar outside the door, could the court assume that the person was allowed to consume too much drink and become a danger to themselves under the definition? I look forward to hearing the Minister's comments in that regard. Does the definition need to be refined further? I am not a lawyer so I do not know. The more clarity we can bring to the legislation, the better.

A judgment call will have to be made by publicans and that imposes a significant responsibility on them. There is an onus on the House, therefore, to make the legislation as clear as possible to ensure that the judgment call does not have such wide parameters that they will be interpreted differently by district justices.