Dáil Éireann debate -
Tuesday, 24 Mar 1998

Vol. 488 No. 7

Written Answers. - Intoxicating Liquor Legislation.

Brian O'Shea

Question:

373 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the proposals, if any, he has for strengthening the powers of the Garda to deal with drinking in a public place; and if he will make a statement on the matter. [7403/98]

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

Under the Intoxicating Liquor Act, 1988, it is an offence for any person under the age of 18 years to consume alcohol in any place other than a private residence in which that person is present either as of right or by permission and a person found guilty of such an offence is liable to a fine of up to £50. The Garda Síochána have the power to confiscate alcohol which they find in the possession of such a young person.

Under section 4 of the Public Order Act, 1994, it is an offence for any person, regardless of age, to be present in a public place while intoxicated to such an extent as to give rise to a reasonable apprehension that he or she might be a danger to himself or herself or to any other person in the vicinity. The penalty on conviction is a fine of up to £100. Section 8 of the Act empowers the Garda to "move on" persons who are acting in a manner contrary to the provisions of section 4. A person who is found guilty of failing to comply with such a direction is liable to a fine of up to £500 or imprisonment up to six months or to both. In addition section 4 of the Act empowers the Garda to confiscate alcohol where it is suspected that an offence under that section has been committed or where it is suspected that other specified offences under the Act have been committed and the alcohol is relevant to those offences. It will be appreciated also that the 1994 Act contains a number of provisions in relation to disorderly behaviour which arise irrespective of whether alcohol is involved.

In the circumstances I have no proposals at present to increase the powers available to the Garda in this area but the matter will be kept under review.