Pat Carey (Dublin North West, Fianna Fail)
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Question 283: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that many holders of Garda ID cards have been told at the entrance to pubs and nightclubs that these cards are not acceptable and that passports are the only form of ID which will be accepted at these venues; his views on whether this valuable document should be required; and if he will make a statement on the matter. [24092/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The position is that section 31 of the Intoxicating Liquor Act 1988, as amended by section 14 of the Intoxicating Liquor Act 2000, prohibits the sale or supply of intoxicating liquor to persons under the age of 18 on licensed premises, as well as the consumption of intoxicating liquor on such premises by such a person. Section 36A of the 1988 Act, as inserted by section 13 of the 2000 Act, provides that where a licensee is convicted of an offence under section 31, the District Court shall, in addition to any penalty imposed, make a temporary closure order in respect of the premises concerned.

Section 31(4) of the 1988 Act, as amended by section 14 of the 2000 Act, provides that in any proceedings for a contravention of section 31 of the 1988 Act, it shall be a defence for the licensee to prove that the person in respect of whom the charge was brought produced to him or her an age card relating to that person. The age card referred to here is the age card issued by the Garda under the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999. These regulations set out detailed provisions in relation to the application and authentication procedure as well as procedures for the preparation and issue of age cards.

Section 34A of the 1988 Act, as inserted by section 15 of the Intoxicating Liquor Act 2003, provides that a licensee shall not permit a person aged at least 18 years but under the age of 21 to be in the bar of licensed premises after 9 p.m. if that person does not produce an age document. In this context, age document is defined as including a Garda age card, a passport, an identity card of a member state of the European Communities or a driving licence.

I see no good reason that a licensee should refuse to accept a Garda age card for proof of age purposes. I would encourage licensees, where possible, to request production of the Garda card for the purposes of complying with sections 31 and 34A of the 1988 Act. Acceptance of an alternative form of age document, for example, a passport, will be appropriate in the case of young tourists or visitors.

If a licensee suspects that a Garda age card has been forged or altered, the Garda should be notified as it is an offence to forge a document purporting to be an age card, alter an age card, or use such a document or an altered age card with intent to deceive.