Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 418: To ask the Minister for Justice, Equality and Law Reform the penalties under the Public Order Act for alcohol related disorder; and his plans to increase this penalty. [15481/09]

Dermot Ahern (Louth, Fianna Fail)
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Most public order offences involving alcohol related disorder are prosecuted under the Criminal Justice (Public Order) Act 1994. Sections 4 and 5 of that Act are of particular relevance to alcohol related offences. They relate to offences of intoxication in a public place and disorderly conduct in a public place, respectively.

The Deputy will be aware that the fines for sections 4 and 5 offences were increased last year by an amendment to the 1994 Act in the Intoxicating Liquor Act 2008. The maximum fine for persons convicted of an offence under section 4 is now €500 and the maximum fine for a conviction under section 5 is now €1000. I would also draw the Deputy's attention to Section 8 of the 1994 Act. That section provides for a Garda to direct a person to desist from behaving in a manner contrary to the provisions of section 4 and 5. The Garda may instruct the person to leave the vicinity of the area in question. Failure to comply with the direction is an offence punishable by a fine or up to six months imprisonment, or both. The maximum fine was increased to €1000 by the 2008 Act.

The Deputy will be aware that section 3 of the Criminal Justice (Public Order) Act 2003 provides for exclusion orders. Certain restrictions can be imposed by these orders. The 2008 Act presented an opportunity to further enhance Garda powers to combat alcohol related disorder with the insertion of a new section 8A into the 1994 Act. Section 8A provides that a Garda may confiscate intoxicating liquor from a person and may direct that person and any accompanying persons to leave the area in a peaceable manner. A person convicted of an offence under this section is liable to a fine of up to €1000.

I would also inform the Deputy that in September 2008, I introduced Regulations that provide for the issue of fixed charge notices for offences under sections 4 and 5 of the 1994 Act. These Regulations permit a Garda to serve a fixed charge notice on a person who, in the opinion of the Garda, has committed one of these offences. The notice provides for the option of paying a fixed charge of €140 in respect of disorderly conduct and €100 in respect of public intoxication, instead of being prosecuted for the relevant offence. These Regulations gave effect to sections 23A and 23B of the 1994 Act which were inserted by Section 184 of the Criminal Justice Act 2006. I have no plans at present for further changes in the level of penalties but I will be keeping the situation under review.