Conor Lenihan (Dublin South West, Fianna Fail)

We believe this part is in conformity with the Constitution. That is the best advice we have received from the Attorney General. I emphasise, in order for Members and others outside the House to be clear about the discussion, that rather than consider the theoretical legal implications of a measure, we are discussing the powers conferred on the Garda to make assumptions about why a person would refuse to be identified when asked simple questions about whether he or she is of age to be allowed to drink intoxicating liquor. This is a fair assumption and a fair power to pass on to the Garda. If someone is drinking in a public place and carrying cans, and such a person appears to the officer to be under-age, then the officer has a reasonable right to inquire of the age of such a person. The provision allows for this and does not represent a complicated change to life as we know it. However, I appreciate the Senator's concern on the human rights issue.