Written answers

Tuesday, 13 May 2008

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 489: To ask the Minister for Justice, Equality and Law Reform the steps he is taking to enforce the new alcohol laws with regard to underage drinking; and if he will make a statement on the matter. [18040/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Provisions for controlling supply to and consumption of intoxicating liquor by persons under the age of 18 years are contained in the Intoxicating Liquor Act 1988 and subsequent legislation.

The Intoxicating Liquor Bill 2008, which I intend to bring before the Oireachtas shortly, will further strengthen provisions relating to underage drinking. For example, it will provide a statutory basis for test purchasing of alcohol which will assist the Gardaí in their enforcement activities. Parental approval will of course be required in all cases and appropriate safeguards will also be taken to protect the welfare of the young person concerned. The Bill will also provide for increases in fines for certain offences under the Licensing Acts, including the sale and supply of alcohol to persons under 18 years. Moreover, a minimum closure period of two days will apply in future in cases where a temporary closure order is imposed by the court.

The Bill will also contain provisions permitting the Gardaí to seize alcohol from persons under 18 years where the Garda believes the alcohol is being or is to be consumed by persons under 18 years. In addition, the Gardaí will have new powers to seize alcohol and to move on persons found with alcohol where there is an apprehension of nuisance or fear for other persons or a likelihood of a breach of the peace. I am also taking the opportunity presented by this Bill to increase the fine levels in the Criminal Justice (Public Order) Act 1994. The Bill when enacted, will significantly increase the powers available to An Garda Síochána in tackling the problems caused by consumption of alcohol.

The national age card scheme of An Garda Síochána has facilitated the Force, in co-operation with the licensed trade, in addressing and combating the problem of underage drinking. The age card scheme allows any person who has attained 18 years of age to apply for an age card at his/her local Garda Station in order to confirm that they have attained the legal age for the purchase of intoxicating liquor.

The new age card introduced in 2006 has state of the art security features. Its design has been greatly enhanced and includes an image security feature that is supplied only to Government projects worldwide. Currently there is no matching technology or method by which this technology can be copied.

Under the Garda Síochána Act 2005 the Minister for Justice, Equality and Law Reform has the power to set policing priorities for An Garda Síochána. One of the priorities set for 2008 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available, including behaviour warnings and closure orders.

I am informed by the Garda authorities that Operation Encounter was commenced by the Commissioner in February, 2002 to target public disorder and anti-social behaviour against the community and local businesses. The Operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1996 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons.

Section 184 of the Criminal Justice Act 2006 amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to the public order offences of intoxication in a public place (section 4) and disorderly conduct in a public place (section 5) as an alternative to proceedings being taken in the first instance. I am informed by the Garda authorities that work on the necessary arrangements for the introduction of these provisions is under way with a view to their introduction as soon as possible this year.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 490: To ask the Minister for Justice, Equality and Law Reform if he will include a proposal (details supplied) in the Intoxicating Liquor/Public Order Bill 2008. [18076/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Government Legislation Programme provides for publication later this year of a comprehensive Sale of Alcohol Bill which will modernise the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated and streamlined provisions.

It is intended that this legislation will clarify matters relating to the relationship between licensing law and the planning and development code. It will provide, for example, that a certificate entitling the applicant to obtain a licence to sell alcohol shall not be granted by the Court unless it is satisfied that appropriate planning permission for the premises concerned has been obtained and that any conditions attached to such permission have been complied with.

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