Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 490: To ask the Minister for Justice, Equality and Law Reform the initiatives he plans to pursue to address the issue of underage drinking which is so prevalent in small rural and large urban centres; and if he will make a statement on the matter. [23557/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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A consultation process on my proposals for a Bill to streamline and modernise the liquor licensing laws by repealing the Licensing Acts 1833 to 2004 and replacing them with updated provisions more suited to modern conditions has recently concluded. I will take account of the views of organisations and individuals who responded to my request for submissions in the context of drafting the Bill.

I am conscious of public concerns regarding alcohol-related harm in our society and my proposals contain both safeguards and increased penalties that are intended to combat such harm. These include: requiring all planning authorities to address the regulation and control of the location of licensed premises in their development plans; requiring applicants for retail licences, including off-sales licences, to present proof of planning permission and certification of compliance with planning conditions and fire safety standards to the District Court; extending the jurisdiction of the District Court to all retail licences and giving specified notice to parties, including the health authority and members of the public, the right to object to the grant of a licence; streamlining the system for renewing licences and clarifying the right of members of the public to object to renewal in any particular case on stated grounds; strengthening provisions designed to combat sales to under-age persons by, for example, requiring all off-sales premises to have written policies and control procedures; supplementing existing offences relating to under-age consumption of alcohol with a new offence of being in possession of a forged Garda age card; and increasing the levels of penalties and sanctions, including a proposal that all temporary closure orders should involve closure for a minimum of two days.

My proposals will also allow the Garda to object to applications for new retail licences on the grounds of an undue risk of public nuisance or a threat to public order or safety. In addition, the proposed Bill will contain provisions for dealing with drunkenness and disorderly conduct on licensed premises, as well as combating the sale and supply of alcohol to under-age persons.

Furthermore, I am taking a number of initiatives to strengthen the powers available to the Garda Síochána to combat public order offending and anti-social behaviour which are often related to abuse of alcohol. I have proposed a fixed charge procedure regarding certain public order offences in the Criminal Justice Bill 2004, which is awaiting Second Stage in the Dáil. Section 29 of the Bill amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to certain public order offences under that Act. The procedure will apply to an offence under section 4 — intoxication in public place — and section 5 — disorderly conduct in a public place. It is intended that the fixed penalty procedure will be an alternative to criminal proceedings being taken in the first instance.

I am concerned that people, particularly the elderly, feel threatened by forms of harassment which of themselves may not be criminal offences but which may cause distress. I intend to include in the Criminal Justice Bill a provision which will empower the Garda to apply to the courts, by way of civil procedure, for an anti-social behaviour order.

The obligation to produce an age document in order to gain admission to the bar of licensed premises is intended to assist licensees to comply with legislative provisions relating to underage consumption of alcohol and to assist the Garda in enforcing the law.

The national age card scheme was initiated in April 1999 under the provisions of section 40 of the Intoxicating Liquor Act 1988. The scheme was introduced to help curb the growth in underage drinking by introducing a specially designed age card. Section 40 of the Intoxicating Liquor Act 1988 provides that the Minister for Justice, Equality and Law Reform may by regulations provide for the issue of an age card to those who have attained 18 years of age and are, therefore, legally entitled to purchase and consume alcohol in licensed premises. The Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 set out detailed provisions in respect of the application and authentication procedure as well as procedures for the preparation and issue of age cards. To date, more than 181,000 cards have been issued by the Garda authorities.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It does this by providing for the closure of premises such as pubs, off licenses, late night clubs and food premises, as well as the making of exclusion orders on individuals, in addition to any penalty they might receive under the 1994 Public Order Act.

I am informed by the Garda authorities that Operation Encounter, which commenced nationwide in 2002, is designed to address specifically public disorder, underage drinking and other related issues, and targets key offences under the Criminal Justice (Public Order) Act 1997 and the Intoxicating Liquor Acts, particularly offences committed by, or on behalf of, persons under 18 years.

The Garda secondary school programme has been introduced as part of the social, personal and health education programme for second level students. One module in this programme deals with substance abuse and incorporates the various issues relating to alcohol use and abuse.