Written answers

Wednesday, 17 September 2014

Department of Justice and Equality

Liquor Licensing Laws

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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625. To ask the Minister for Justice and Equality her plans to enact sections 9 and 16 of the Intoxicating Liquor Act 2008; and if she will make a statement on the matter. [33778/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that the Government has already agreed to replace the current RRAI voluntary code of practice on the display and sale of alcohol products in mixed trading outlets with a statutory code of practice under section 17 of the Civil Law (Miscellaneous) Provisions Act 2011. It is intended that the statutory code will operate for a 2-year period, after which its effectiveness will be jointly evaluated by the Departments of Justice and Equality and Health. The results of this joint evaluation will inform any future decision on implementing the statutory provisions on structural separation which are set out in section 9 of the Intoxicating Liquor Act 2008. Preparatory work on the statutory code of practice is currently under way and I hope to be in a position to launch a consultation process on the contents of the code, as required under section 17 of the 2011 Act, in the coming weeks.

Section 16 of the 2008 Act, which contains provisions for the making of regulations concerning conditions for the sale, supply and consumption of intoxicating liquor, was commenced with effect from 30 July 2008. However, from the outset it was recognised that a joint North/South approach to restricting alcohol promotions would be desirable; otherwise, the effectiveness of any measures introduced in this jurisdiction could be undermined by means of increased cross-border shopping if similar measures were not introduced in Northern Ireland. During discussions in early 2012 between my predecessor and the Minister for Social Development in Northern Ireland, the desirability of implementing a joint North/South approach to restricting certain 'volume-based' alcohol promotions was agreed.

The Department of Social Development in Northern Ireland subsequently launched a consultation process on draft proposals to restrict bulk purchases of alcohol products in supermarkets and other premises with off-licences. Arising from this consultation process, and following the expression of concerns by the Assembly's Social Development Committee, the Minister announced that he had decided not to proceed with restrictions on bulk purchases from off-licences. I am currently considering this matter.

As regards future action, the position is that the Government has agreed that the forthcoming Public Health (Alcohol) Bill will give Environmental Health Officers (EHOs) statutory enforcement powers in relation to regulations made under section 16 of the 2008 Act. Following enactment of this legislation, I will consider how best to proceed with the making of such regulations. In this context, I remain conscious that the effectiveness of any future restrictions in this jurisdiction could be undermined by the lack of corresponding measures in Northern Ireland.

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