Michael McDowell (Dublin South East, Progressive Democrats)

I see considerable merit in the thrust of Senator Henry's amendment and I am glad that she is not pernickety about the exact wording or whatever. On foot of what she said on Second Stage, one of my officials attended a meeting of the strategic task force on alcohol this morning. The task force discussed the issue of responses other than just the fines imposed by the District Court, particularly for repeat offenders before the court, so that we do not simply wash our hands of them. People can commit one offence of being drunk and disorderly without anybody having to send them off for treatment or whatever. As a result of the discussion that took place this morning, we are exploring the possibility of devising a list of places where such treatment is available for circulation to members of the District Court.

Drunkenness offences are much more likely to occur in the context of the public order legislation, so the question arises as to whether we should attempt this in the context of the licensing law, the public order law or a sentencing powers statute. I am contemplating bringing proposals to Government, not for guidelines – I hate to use that word because it is misunderstood – but for a statutory statement of powers in respect of sentencing policy. There are a number of possible places where the Senator's proposal could be located legally. If we come to the view that it should be done in the context of the licensing law, then rather than attaching it to this particular area, I propose – in the context of the general revision in 2004 – to locate it in a new law where it would have effect, not just for this offence but for all sorts of licensing law offences.

I am grateful to the Senator for raising this matter. We are already taking this seriously to the point of complying with the substance of the Senator's argument by considering ways of bringing the District Court's attention to the options open to it in this area. It may be desirable to enshrine this principle in law in the first instance so that it will be brought to the attention of District Court judges in order that they will not simply stamp the conviction on to the charge sheet or summons and move on to the next business and that their attention will be drawn to the need to do something further. This is comparable to how, with some motoring offences, the need to re-sit the driving test has been introduced, rather than simply disqualifying people and letting them start all over again at the end of the disqualification period as if nothing had happened.