Tommy Broughan (Dublin North East, Labour)
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Question 84: To ask the Minister for Justice, Equality and Law Reform if the relevant section of the Intoxicating Liquor Act 2003 will be activated to ensure that alcohol sold in off licences is traceable; and if he will make a statement on the matter. [35705/05]

Joan Burton (Dublin West, Labour)
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Question 86: To ask the Minister for Justice, Equality and Law Reform if he will introduce revenue traceability stamps on all non-draught alcohol products for sale here; and if he will make a statement on the matter. [35708/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 84 and 86 together.

The position is that section 22 of the Intoxicating Liquor Act 2003 provides for the making of regulations specifying particulars which are adequate to enable the licensee and the licensed premises concerned to be identified to be affixed to containers in which intoxicating liquor is sold for consumption in off licensed premises.

While the labelling of containers in which intoxicating liquor is sold with a view to combatting under-age consumption of intoxicating liquor is an attractive idea, significant challenges would need to be overcome in order to render it effective in practice. These challenges arise under two headings.

Practical difficulties will be encountered where several individual containers are packaged together in advance for retail sale, for example, a six-pack of bottles; a plastic-wrapped tray of cans; or a nailed wooden box containing bottles of wine. This raises the important issue of whether identification labels should be attached at the point of sale or earlier in the distribution chain. Attaching labels at an earlier stage might be simpler but it could create logistical difficulties for importers and distributors and this would lead in turn to increased distribution costs. Moreover, in the case of imports from other EU member states, it is likely that such additional labelling requirements would be regarded as infringing internal market rules.

From an enforcement perspective it is clear that possession by an underage person of a labelled container does not in itself constitute proof that the intoxicating liquor in the container had been illegally supplied to that person by the licensee whose particulars appear on the container. It may have been taken from the family home or have been sold to a person over the age of 18 in good faith by the licensee before being passed on to the underage person. Indeed, a labelled container may have passed through several hands before finding its way into the hands of an underage person.

Issues relating to the evidential value of being found in possession of a labelled container were raised during consultations on implementation of section 22 of the 2003 Act and my Department subsequently raised them with the Office of the Attorney General. The Attorney General's office has expressed serious doubts about the evidential value of being in possession of a labelled container and doubt is, therefore, cast on the utility of any regulations that might be made under section 22 of the 2003 Act.

One option that could possibly be considered in the context of future legislation would be a presumption that any intoxicating liquor container found in the possession of an underage person had been purchased by that person from the licensee identified on the container until the contrary was proved. However, the Attorney General's office has also advised that such a proposal would raise serious constitutional issues and would run the significant risk of being found to be inconsistent with Article 38 of the Constitution.

For these reasons, I do not, as I have already stated on a number of occasions, intend to make regulations under section 22 of the 2003 Act at this time. I will, however, give serious consideration to any reasonable and workable proposal that would deal with this matter without giving rise to the practical, enforcement and evidential difficulties that I have already outlined. The introduction of tax stamps for containers in which intoxicating liquor is sold is a matter for the Minister for Finance and the Revenue Commissioners.