Dáil Éireann Debate, Tuesday - 6 April 2004
359 Mr. Murphy asked the Minister for Justice, Equality and Law Reform if he will extend the powers of local authorities to enable them to enact by-laws preventing the drinking of alcohol in parks owned by community councils in the context of public order legislation. [10778/04]
View answerI understand that the power to make by-laws of this nature is already available to local authorities. In fact some local authorities have already 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, Heritage and Local Government that the statutory basis for such action by local authorities is to be found in Part 7 of the Local Government Act 1994 and the Local Government (Bye Laws) Regulations 1995, that the making of by-laws in relation to this particular issue is a matter for each local authority and that no ministerial confirmation is necessary. Any proposals to amend that legislative framework would be a matter for the Minister for the Environment, Heritage and Local Government.
In so far as my area of responsibility is concerned, the Garda Síochána has extensive powers under certain provisions of the 1994 Criminal Justice (Public Order) Act to deal with drink related problems wherever they occur and irrespective of the person's age. These powers have been strengthened very significantly in the Criminal Justice (Public Order) Act 2003 which came into force on 28 June 2003. 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 the making of exclusion orders on individuals in addition to any penalty which may already be imposed under the 1994 Act. Furthermore, the Intoxicating Liquor Act 2003 tightened up the law quite considerably in relation to the sale and supply of drink. With regard to the matter of the supply of drink to under-aged persons, the Act prohibits 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 Garda in these situations.
