Michael McDowell (Dublin South East, Progressive Democrats)

Yes. I met Senator Quinn on Friday afternoon when he was donating a horse to the Garda Síochána in Ballinteer and discussed this matter with him. The same issue that arose in relation to the transport of goods between countries applies to the European dimension to this also. I have a problem, perhaps, in relation to this. Again, I had to take the regulation route because I did not want to go the notification route to the European Union. I have come to the conclusion that the previous law, which was never commenced because people began to worry about its practicality, was a very blunt instrument and that in some circumstances it might be possible, for example, in the case of sealed boxes of wine, champagne and brandy, to rip them open, stamp them and affix labels to them. That would be ridiculous and utterly futile if the aim was to stop under age drinking. The two issues would be totally unrelated.

I have repealed the section which never commenced and I am replacing it with an enabling section which allows the Department to generate proposals effective by regulation to require the marking of alcohol sold for consumption off the premises. I have raised in the other House and mentioned here some of the difficulties in relation to this matter. Would one label every bottle in a six pack? How would one get to the bottles in the middle of the six pack? Would one rip open every bubble wrapped tray of drink and affix labels to every bottle and would one have to put them back together again to sell as one unit? Would one open every box of wine and affix stickers on each bottle? We have to ask ourselves whether this would be practical. If there is a practical way, I will bring forward regulations to achieve that end. I do not want the off-licence trade to be subjected to a crude obligation which was valueless compared to the disproportionate cost of implementing it.

Senator Henry can tell Senator Quinn, in getting her double Superclub points, that what we have decided to do is recast the existing mandatory provision which was never commenced with an enabling provision based on regulations which will be tailor made to the issue and only be made if practicality determines they will be of some benefit to the community.