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Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - Liquor Licensing Laws.

John Bruton

Question:

35 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he will request the Law Reform Commission to review the licensing laws and public order legislation, and examine measures in other countries in order that the relationship between alcohol consumption and public order offences can be reduced; and if he will make a statement on the matter. [26382/00]

The Deputy will appreciate that the licensing laws were the subject of considerable review by the Oireachtas Committee which reported in June 1998. The Intoxicating Liquor Act, 2000, which I initiated, took into account many of the recommendations of the Oireachtas committee as well as submissions I received from groups and members of the public. During the passage of that legislation, I also took account of the views of Members of the House. The review of our intoxicating liquor laws has not ended with this legislation and the House will be aware that on 1 November 2000, I established the Commission on Liquor Licensing under the chairmanship of Mr. Gordon Holmes. The membership of the commission represents a wide range of interests and the terms of reference include all aspects of the operation of the licensing laws, including an examination of systems in other countries.

We must not lose sight of the fact that the majority of persons who drink exercise a responsible attitude to alcohol consumption, and it would not be appropriate that measures taken to help curb drink abuse would have the effect of penalising those who behave responsibly. The new trading hours, introduced by the Intoxicating Liquor Act, 2000, reflect the changed pattern in drinking habits and are designed to facilitate the person who drinks responsibly.

There are negative consequences that result from the abuse of alcohol. We are all too well aware of the contributing role which excessive alcohol consumption plays in fuelling criminal and anti-social behaviour. Many of the attacks and assaults that happen on our streets, particularly late at night, and sadly even among people of a young age, have their origin in excessive alcohol consumption. The Intoxicating Liquor Act, 2000, strengthened the law against underage drinking and provided that, where a conviction for the sale of alcohol to an underage person is upheld, the licensed premises can be closed for a specified period.
While legislative measures, together with initiatives such as the voluntary age card scheme, can help to curtail the problem of underage drinking, it cannot be viewed as the total solution. Dealing with the underage drinking problem should not be seen as the province of State agencies alone – parents, the drinks industry and the media too must also play their part in helping to address the problem.
The Garda Commissioner, as well as formulating specific operational policing responses to the issue of violence on our streets, has brought together people to provide expert advice on the particular factors which appear to be at work in the manifest tendency towards serious violence in certain instances among young people. Expert advice of this kind – from psychologists, sociologists, etc. – must inform the type of police response required.
As to the immediate policing response, the Garda Commissioner has indicated on a number of occasions that special emphasis is being placed by the Garda on the enforcement of the law in relation to street crimes. A national public order initiative known as Operation Oíche has been launched by the Garda Commissioner to tackle street violence and public disorder on the streets of large towns and cities. This project essentially involves the strategic use of extra gardaí to tackle the problem of violence among young people at or in the vicinity of certain discos and places where youngsters gather at night. The operation focuses on the primary areas of public disorder, public intoxication, underage drinking, illicit drugs use and underage alcohol sales. Operation Oíche began as a pilot scheme in Dublin and was extended to large towns and cities which, in the Garda view, require a similar targeted response. Particular operations such as those I have mentioned require resources. I am glad to say that, as Minister, I have been able to secure a significant and sustained increase in the resources allocated to the law and order system generally. This increase in resources has occurred across the entire criminal justice system, not only in relation to the Garda Síochána but in other areas such as the prisons and the courts. Garda CCTV systems already in place have had a beneficial effect in addressing a variety of public order offences. Apart from providing greatly increased resources I have also been reforming the criminal law in very significant ways. An important function of the Minister for Justice, Equality and Law Reform is to take a proactive approach to law reform to ensure that the criminal justice system is equipped to respond effectively to the investigation and prosecution of the modern day manifestations of crime. Since coming into office, I have already piloted a considerable number of Bills through the Oireachtas. As well as the several Bills presently before the Oireachtas, my officials are currently working on the Criminal Justice (Garda Powers) Bill which I aim to introduce this year.
The question of research into the negative aspects of alcohol consumption and the measures that need to be undertaken to limit those effects can also be addressed outside the context of the licensing laws. They are, in effect, matters that fall to be addressed in the context of health promotion generally. In this context, the national alcohol policy is directed at reducing the prevalence of alcohol related problems. Given the number of initiatives already under way, I have no proposals to initiate a referral of the subject matter of the Deputy's question to the Law Reform Commission.
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