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Dáil Éireann debate -
Thursday, 15 Nov 2001

Vol. 544 No. 2

Written Answers. - National Identity Card.

Michael Ring

Question:

135 Mr. Ring asked the Minister for Justice, Equality and Law Reform if he will make it com pulsory to produce an age card when purchasing tobacco or alcohol. [28445/01]

Legislative provisions prohibiting the sale of tobacco products to persons who have not attained 18 years of age come within the ambit of my colleague, the Minister for Health and Children, Deputy Martin, and are set out in the Health (Miscellaneous Provisions) Act, 2001, which entered into force on 1 August 2001. Further provisions relating to the sale, marketing and smoking of tobacco products, including the establishment of a Tobacco Control Agency, are set out in the Public Health (Tobacco) Bill, 2001, which was published by the Minister for Health and Children in August 2001. I am informed by the Department of Health and Children that the introduction of an age card for the purchase of tobacco products it is not provided for under the Public Health (Tobacco) Bill, 2001.

The principal legislative provisions relating to intoxicating liquor and persons under the age of 18 years are set out in Part IV of the Intoxicating Liquor Act, 1988, as amended by the Intoxicating Liquor Act, 2000. In particular, section 31 of the 1988 Act provides that the holder of a licence shall not sell or deliver, or permit any person to sell or deliver, intoxicating liquor to a person under the age of 18 years. It also provides that a licensee who contravenes these provisions is guilty of an offence.

Section 40 of the 1988 Act provides that the Minister for Justice, Equality and Law Reform may by regulations provide for the issue of an age card to those who have already attained 18 years of age and are, therefore, legally entitled to purchase or consume alcohol on a licensed premises. The national voluntary age card scheme which I introduced by way of the Intoxicating Liquor Act, 1988 (Age Card) Regulations, 1999, is designed to assist licensees in complying with the law. Its purpose is to provide evidence of age where a doubt exists. In any proceedings against a licensee for the sale of alcohol to an under-age person, it is a defence to prove that an age card was looked for and was produced. Neither the 1988 Act nor the 1999 Regulations preclude the use of other forms of personal identification for proof of age purposes but I would encourage use of the age card wherever possible. Serious penalties, including temporary closure of a licensed premises can result where a licensee is convicted of the offence of selling intoxicating liquor to an under-age person.

I believe that the current age card scheme, coupled with the substantial changes provided for in the Intoxicating Liquor Act, 2000, is proving an effective deterrent against under-age drinking. However, I am keeping the scheme under continual review and in that context I have recently established a review group within my Department which, in consultation with the Garda, will examine the operation of the scheme with a view to identifying any defects coming to light and, if necessary, make appropriate recommendations. I expect that this group will report to me by the end of the year.
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