Vol. 318 No. 1
asked the Minister for Justice if he has satisfied himself with the present legal situation regarding the ease with which young people can purchase wines in supermarkets and off-licences, if he is aware of the growing social problem in this regard and the proposals, if any, to remedy the situation.
446.
asked the Minister for Justice if he intends to amend the legislation permitting the sale of alcohol to juveniles in off-licence premises and if he will further consider the feasibility of introducing identity cards for young people to ensure that under-age drinkers can be identified.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 445 and 446 together.
As I have stated on previous occasions, I believe 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 the problem. The co-operation of the community is essential in bringing to the notice of the Garda information concerning those who may be deliberately selling intoxicating liquor to underage persons.
The present position is that the Intoxicating Liquor (General) Act, 1924, prohibits, in general, the sale of intoxicating liquor for consumption "on" or "off" licensed premises to persons under the age of 18.
Section 11 of the Act prohibits the sale of intoxicating liquor to persons under the age of 18 but subsection (4) allows the sale or delivery of intoxicating liquor to a person over the age of 15 in a corked and sealed vessel containing not less than one reputed pint. If the exception were removed or modified, young people who may now avail themselves of the provision could find other ways of getting drink, for example, by getting companions who are over 18 to do the buying. On the other hand, the provision seems to serve no good purpose and if the Intoxicating Liquor Acts were being amended serious consideration would be given to proposing its repeal.
Various proposals for the amendment of the licensing laws, many of them relating to the problem of under-age drinking have been received by me and my predecessors over the years. I am examining amining all the proposals that have been made but, for a variety of reasons, I am not yet in a position to say what recommendations, if any, I will make. In the meantime I would think it best to emphasise again that, at best, legislative change cannot do a great deal in this very difficult area.
I have also dealt with the question of the introduction of identity cards on previous occasions and have pointed out that a licensee is not obliged to serve a person if there is a doubt as to the person's age. Accordingly an identity card system would serve the purpose of permitting certain people to be served who otherwise might or might not be served. There are people who consider that it should be what is called an absolute offence for an under-age person to be served. That means that it would be an offence for a licensee or his servant to serve a person genuinely thought to be of age if it turned out that he was in fact under age. Here again the main purpose served by an identity card would be to enable the holder to get drink then, in the absence of a card, he might be refused. If an absolute offence on these lines was created a large number of people in the 18 to 21 age-group would no doubt provide themselves with identity cards, whether the law provides for their issue or not, in order to be able to buy drink.
I do not think that a case for an identity card system has been established on the basis of its efficacy in the matter of ensuring that under-age persons do not get served with drink. It is, however, possible that the creation of an absolute offence of the kind mentioned would have at least some effect, though I have no doubt that such a development would not be welcomed by what I am certain are the vast majority of licensees who would be unwilling to serve a person who is under age.
