Emmet Stagg (Kildare North, Labour)
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Question 187: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to ensure the more effective enforcement of the law in regard to the sale of alcohol and particularly the sale of alcohol to persons under age; and if he will make a statement on the matter. [21104/08]

Dermot Ahern (Louth, Fianna Fail)
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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, 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.

Operation Encounter, which was commenced in February 2002, specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons. All members of An Garda Síochána proactively target public disorder and anti-social behaviour, including offences relating to underage drinking. Areas subject to such behaviour have been identified as hot-spots by local Garda management and additional foot and mobile patrols are directed in these areas during such times when these offences are more likely to occur. All such incidents, detected by members on patrol or reported to An Garda Síochána, are dealt with immediately and the suspected offenders are dealt with in accordance with the law. Almost 475,000 offences have been detected since the commencement of Operation Encounter.

I am also informed by the Garda authorities that at a recent crime conference for senior Garda operational officers, measures were discussed and identified to ensure enhanced and more uniformed enforcement of liquor laws, particularly in regard to the sale and supply of alcohol to young persons.

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.

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.

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.

I am informed by the Garda authorities that they are satisfied that adequate resources are available to enforce the laws in relation to the sale of alcohol.