Vol. 519 No. 4
115 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to introduce legislation which would tighten up the powers of the Garda to deal with drinking on public open spaces; and the further plans if any, he has to require parents to take some responsibility in relation to persistent public order offences of their children. [13947/00]
I would draw the Deputy's attention to the fact that the law already contains a number of substantive measures to deal with drinking in public places.
Section 33 of the Intoxicating Liquor Act, 1988 makes it an offence for any person under 18 years of age to purchase alcohol, whether in an on- or off-licence, or to consume it in any place other than a private residence.
While the Intoxicating Liquor Act, 1988, contains a wide range of controls designed to tackle the problem of underage drinking the new Intoxicating Liquor Bill, 2000, which is currently before the Oireachtas, will strengthen the provisions regarding the supply or sale of intoxicating liquor to underage persons.
Offences created by the Criminal Justice (Public Order) Act, 1994, include intoxication in a public place, section 4, disorderly conduct in a public place, section 5, and threatening, abusive or insulting behaviour in a public place, section 6. The Act also gave gardaí important new powers to deal with persons committing such public order offences. Section 8 provides that a garda may, where a person is acting in a manner contrary to the relevant public order provisions of the Act or otherwise loitering in a way which causes apprehension for the safety of persons or property, direct that person to desist from such behaviour and to leave the place concerned in a peaceable and orderly manner. It is an offence for a person to fail to comply with such a direction.
I am satisfied that the provisions to which I have referred deal with the problem referred to by the Deputy and I have no proposals to introduce new legislative provisions to increase Garda powers in this area.
In relation to the second part of the Deputy's question I would invite the Deputy's attention to sections 111 to 114 of the Children Bill, 1999 which was recently referred to the Dáil Select Committee on Justice, Equality, Defence and Women's Rights for Committee Stage. Those sections provide for the payment of compensation by parents and their binding over by the court to exercise proper and adequate control over their children. They also provide the court with the power to make a parental supervision order when a child is found guilty of an offence and the court is satisfied that a wilful failure by the parents to take care of or control the child contributed to the child's criminal behaviour.
