I wish to share time with Deputy Pat The Cope Gallagher. Perhaps the Acting Chairman will let me know when ten minutes of the slot has expired.
Like other Members, I welcome the opportunity to speak on the Intoxicating Liquor Bill. I commend the Minister on his prompt response to the report of the alcohol advisory group, which reported in March this year after only being set up in January. I compliment the group on its quick work and the Minister on the speed with which he brought this legislation before the House because it is a very important issue.
There is not a town or village in the country today which does not have problems relating to public disorder. I welcome that the Bill will tackle public disorder and alcohol-related harm. Society in general is suffering, as well as people's enjoyment of their environment.
The health of individuals — in many cases, under age people — is also suffering as a result of problems related to the sale of alcohol to them. It is important action is taken to curtail drinking in public places, particularly by under age drinkers. In every town in the country we know the various locations where under age people congregate to drink alcohol, and it is important that this Bill provides measures to tackle the problem. We have facilitated the necessary mechanisms for gardaí to be able to act on the problem.
To put the issue in context, between 1996 and 2002 public order offences increased by 247% in this country. That sets the tone and indicates very clearly to us what we already know from anecdotal evidence. This is a serious problem along the length and breadth of Ireland. Sadly, we have the largest number of binge drinkers in Europe among our young population.
Traditionally, all our social events in Ireland tend to have drink as a central focus, which is disappointing. It will take many years to change our cultural attitude to drink in this country, although this is a welcome first step. I welcome the Bill being brought before the House.
To me, one of the most important parts of the Bill is section 18, which I will focus on in the small amount of time available to me. This deals in particular with the new powers being given to the Garda Síochána to seize bottles or containers in the possession of people who appear to be under 18, and where it is assumed by gardaí that alcohol is intended to be consumed by a person under 18 in a place other than a private dwelling.
This is important, even regarding my own town of Castlebar. I can identify many places where under age people are drinking. In the past, gardaí probably felt they did not have the necessary powers to confront these individuals, seize these containers and stop the practice. These young people eventually congregate around chip shops later in the night and this is where all the public order problems seem to happen, as much alcohol has been consumed from many of the off-licences in the town. Drink has been obtained by these people and sometimes it is bought for them by people older than 18, which is an act that must be frowned on by society.
In fairness to many off-licences, petrol stations and supermarkets, they have a strict policy. Having spoken with a deputation from small supermarkets in my own locality in recent weeks, I know they have a very strict policy on the sale of alcohol to under age people. They also have a very strict training programme. It must be acknowledged that these shops have a very serious policy and in some shops, staff face instant dismissal if alcohol is sold to a person under 18.
It is very clear that in businesses where the name of the operator is over the door, a reputation is valued very strongly. These people are anxious to ensure alcohol is not sold to people under 18. Many of these operators have asked that some form of a national identification card system be put in place to make their job a little easier.
Another section of the Bill deals with the segregation of alcoholic products from other parts of the shop so they can be closed off. There is also the option of selling alcohol from behind a counter. To my mind, the most important thing we can put in place is that, at the point of sale, a person over the age of 18 should be able to prove this to the person at the till. That would be an effective step. I welcome that the Minister is prepared to look at a code of practice with regard to the segregation within these places of business. If we could strengthen the position at the point of sale, it would be an effective mechanism.
With regard to section 18, I welcome the new powers permitting the seizure of bottles and containers of alcohol where there is a reasonable apprehension of public disorder. This can happen even when people are over the age of 18. This is an important strength to give to the Garda Síochána in dealing with the idea of public order or where gardaí feel public disorder is about to take place. It is important that aspect is there irrespective of age and it may be the most critical part of the Bill. Public disorder is one problem society at large is crying out for us to do something about and it is important that it is tackled.
Sections 12 and 14 of the Bill relate to penalties. I welcome that penalties have been strengthened. If penalties are not severe enough to ensure compliance, sadly, it will not occur. I welcome the minimum penalty of two days closure where it is shown that alcohol has been sold to persons under the age of 18. This will ensure publicans and those selling alcohol will put measures in place so that sale of alcohol to minors will not happen. It is critical this provision be put in place.
Section 9 of the Bill relates to extended opening hours. I have some points on this, particularly as it relates to late bars. At the moment many late bars are applying for special exemption orders. My understanding is these were intended to be made available through the District Court for special occasions. In practice, many late bars in every town in the country get exemption orders every Friday, Saturday and Sunday night.
The difficulty is there are now many people, including those from nightclubs and late bars, congregating on the street at the same time. If the focus in the courts, when they are granting these exemption orders, was to give them only for a special occasion — the original intention — it would provide a necessary safeguard.
I welcome the new provisions where the District Court can require that a CCTV system be installed. This is important in terms of tackling crime, identifying those who are guilty of public disorder on our streets and in ensuring premises are fully compliant with safety standards. It is hard to believe the measure had to be introduced in this Bill and did not exist before. It is an important provision.
My main point is that we should try to restrict the number of special exemptions given by the District Court in the first place. This would make it easier, certainly in towns, for gardaí to monitor the level of public disorder and number of premises people leave at a late hour. As is consistently pointed out in debates on this issue, the reason for having pubs and nightclubs close at different times is to prevent the patrons of all licensed premises converging on the streets at the same time. The special exemption orders should be reviewed on the basis that they negate this reason.
On the sale of alcohol, I welcome the provision to require wine off-licences to obtain a certificate from the District Court because it is a transparent mechanism. I welcome, in particular, the provision that in granting new off-licences consideration will be given to the needs of the neighbourhood in question and the adequacy of the existing number of off-licences in the area.
I am aware of a small supermarket in my town which was doing good business in the sale of groceries and had no plans to enter the off-licence trade. However, as every small grocer now has an off-licence and people are no longer prepared to stop at a grocery and an off-licence, the owner was compelled to obtain an off-licence to continue the core grocery business. The proliferation of off-licences and small supermarkets selling alcohol is creating a major problem in terms of the visibility of alcohol and its accessibility to young people. This is a disappointing development but I am not sure what action can be taken to roll it back.
While I welcome the code of practice, I ask the Minister to give serious consideration to introducing a identification card to try to improve the regulation of off-licences.
