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Dáil Éireann debate -
Thursday, 27 Apr 1978

Vol. 305 No. 11

Ceisteanna—Questions. Oral Answers. - Under-Age Drinking.

35.

asked the Minister for Justice (a) the number of prosecutions that have been instituted for offences in connection with under-age drinking since June 1977; (b) the number of proprietors of licensed premises who have been prosecuted for serving alcoholic drink to people already under the influence of drink since June 1977, and (c) the number of prosecutions that have been instituted in the same period for drunken driving.

The reply is in the form of a tabular statement which, with the permission of the Ceann Comhairle, I propose to circulate with the Official Report.

The figures sought in the question are as follows and relate to the period from 1 July 1977 to 31 March 1978:

(a) prosecutions initiated in respect of offences involving under-age drinking (supplying drink to persons under age)

34

(b) proprietors of licensed premises prosecuted for serving intoxicating liquor to drunken persons

4

(c) prosecutions initiated in respect of drinking-and-driving offences:

(i) Driving or attempting to drive mechanically propelled vehicle (m.p.v.) while drunk

2,169

(ii) Being in charge of m.p.v. while drunk

163

(iii) Driving or attempting to drive m.p.v. with blood/alcohol concentration above prescribed limit

675*

(iv) Being in charge of m.p.v. with blood/alcohol concentration above prescribed limit

25*

(v) Refusing to provide preliminary specimen of breath

99*

(vi) Refusing to provide, or permit taking of, blood/urine specimen at Garda Station

93*

*On 20 October the Director of Public Prosecutions issued a direction that the operation of the excess blood/alcohol concentration legislation (the breathalyser law) be suspended. On his instructions, 341 of the 675 prosecutions mentioned at (iii) and 11 of the 25 mentioned at (iv) were withdrawn. No new prosecutions in respect of the offences at (iii), (iv), (v) or (vi) have been initiated since 20 October 1977.

36.

asked the Minister for Justice if he will consider the introduction of legislation, the effect of which would be to enable sellers of alcoholic drink to request the production of special identification cards by persons they consider to be under the legal age for the purchase of alcoholic drink, such cards to be issued at local Garda stations, on production of birth certificates.

As regards questions which ask whether particular changes in the law will be proposed I would refer the Deputy to the answer to Question No. 31 by Deputy O'Keeffe on today's Order Paper.

In replying to parliamentary questions on under-age drinking on 13 December last—Volume 302, columns 1179 to 1182—I said that I believed that the problem of drinking by young persons is a social one related to the drinking habits of the community generally, and that legislative changes or police action can at best have a marginal effect in dealing with this problem. I am convinced that only concerted action by the community, that is, parents, teachers, licensees and so on, will have any significant effect on it.

There are practical difficulties in introducing a system of identity cards. In any case licensees are not obliged to sell drink to any person. If a licensee considers that a person is under-age, it is open to him to refuse to serve drink to that person or to demand satisfactory proof of age.

Would the Minister accept that, even though legislative change is not the answer to the problem, some changes should help in reducing the extent of the problem?

In my answer I said that there are practical difficulties in relation to the question of identity cards. I have specifically asked members of the Department of Justice to see if there is any way to overcome these practical difficulties in the hope that this might help the situation.

Would the Minister not accept that items such as off-licence sales to 15-year-olds is not helping the problem and should not be permitted?

I accept that that does not help the situation.

Does the Minister agree that a change of that kind would help?

It is a matter that must be given serious consideration.

The Minister referred to Question No. 31 at the beginning of his answer to this question. May I ask the Minister if we are to expect such a reference on a regular basis and, if so, would he consider the difficulty of Opposition Deputies who, while respecting the Minister's difficulties, feel that a Minister less worthy than the Minister for Justice might use the device as a means of evading straight answers to straight questions?

I assure the Deputy and the House that I will not do anything to interfere with the parliamentary rights of any Member of this House. I appreciate the importance of that right and I have always done so.

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