Eoghan Murphy (Dublin South East, Fine Gael)
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Question 153: To ask the Minister for Justice and Equality his plans to introduce powers for members of An Garda Síochána to enable them to confiscate alcohol from persons drinking in public. [18031/11]

Alan Shatter (Dublin South, Fine Gael)
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The position is that section 37A of the Intoxicating Liquor Act 1988, as inserted by section 14 of the Intoxicating Liquor Act 2008, contains detailed provisions permitting a member of the Garda Síochána to seize intoxicating liquor in the possession of a person under 18 years of age. This power may be exercised where the member believes with reasonable cause that intoxicating liquor in a bottle or other container has been, is being or is intended to be consumed by the person concerned in a place other than a private dwelling.

Moreover, section 8A of the Criminal Justice (Public Order) Act 1994, as inserted by section 19 of the Intoxicating Liquor Act 2008, provides that a member of the Garda Síochána may, in certain circumstances, seize and remove intoxicating liquor in a bottle or other container from a person. The circumstances in which this power may be exercised include those where the member believes with reasonable cause that the person concerned is acting in a place other than a private dwelling in a manner that gives rise to a reasonable apprehension for the safety of persons or property or for the maintenance of the public peace.