Dáil Éireann debate -
Tuesday, 10 Jun 2003

Vol. 568 No. 1

Written Answers. - Public Order Offences.

Conor Lenihan

Question:

670 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if he will consider the significant public order problems associated with under age drinking in parks and public green spaces, particularly at summertime; and if he will legislate accordingly. [15557/03]

Conor Lenihan

Question:

671 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if he intends introducing legislation to outlaw drinking in public open spaces as has been done already by some local authorities by way of by-law; and if he will introduce stronger penalties for the abuse of public open spaces in this manner. [15558/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 670 and 671 together.

As regards the Deputy's first question, section 33 of the Intoxicating Liquor Act 1988 already prohibits the consumption of intoxicating liquor in any place, other than a private residence, by under age persons. More generally, the gardaí have extensive powers under certain provisions of the Criminal Justice (Public Order) Act 1994 to deal with drink related problems wherever they occur and irrespective of the person's age. These powers have been strengthened significantly in the recently enacted Criminal Justice (Public Order) Act 2003 which will come into force on 28 June this year. That Act is designed to tackle the problem of drunken late night street disturbances and provides for the closure of premises such as pubs, off licences, late night clubs and food premises as well as the making of exclusion orders on individuals in addition to any penalty which may already be imposed under the 1994 Act.

Furthermore, as I already announced, I intend to bring a new Intoxicating Liquor Bill before the Dáil shortly which will tighten up the law quite considerably in relation to the sale and supply of drink. As regards the matter of the supply of drink to under age persons, the Bill will replace the existing provision in section 32 of the Intoxicating Liquor Act 1988 with a stronger provision which will prohibit the purchase or delivery of alcohol for consumption by a person under 18, except where it is for consumption in a private residence and with the explicit consent of parents or guardians.

In so far as specific measures to outlaw drinking in public open spaces, such as parks and green spaces are concerned, the provisions in the criminal law and intoxicating liquor laws which I have outlined above are general in their scope and effect and, as such, would certainly be capable of being enforced by the gardaí in these situations. However, as the Deputy has indicated, some local authorities have taken decisive action to control the consumption of alcohol in certain public places by adopting by-laws prohibiting the consumption of intoxicating liquor in public places within their administrative areas. I have been informed by the Department of the Environment and Local Government that the statutory basis for such action by local authorities already exists in Part 7 of the Local Government Act 1994 and the Local Government (By-Laws) Regulations 1995. The making of by-laws in relation to this particular issue is a matter for each local authority and no ministerial confirmation is necessary.