Dáil Éireann debate -
Wednesday, 4 Feb 1998

Vol. 486 No. 4

Written Answers. - Maintenance of Public Order.

Denis Naughten

Question:

128 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to increase penalities for public drunkeness and abusive behaviour in public places; and if he will make a statement on the matter. [2880/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Criminal Justice (Public Order) Act, 1994 contains a number of provisions which deal with the problem of drinking in public places and abusive behaviour. Section 4 of the Act makes if an offence for any person to be present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he or she might be a danger either to himself or to herself or to any other person in the vicinity. The penalty on conviction is a fine of up to £100. Under section 5 of the Act it is an offence for a person to engage in disorderly conduct in a public place either between certain night-time hours or at any other time after having been requested by a garda to desist. The penalty on conviction for this offence is £500.

Where a person uses or engages in any threatening, abusive or insulting words or behaviour in a public place with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned, section 6 provides that he or she will be liable to a fine of up to £500 or to imprisonment for up to three months or to both. Furthermore, section 8 of the Act empowers a garda to "move on" persons who are acting in a manner contrary to the provisions of sections 4, 5 or 6. A person who is found guilty of failure to comply with such a direction may be liable to a fine of £500 or to imprisonment for up to six months or to both. I believe that the penalties provided in the Act are sufficient and I have no plans at present to increase them.