Dáil Éireann Debate, Tuesday - 28 June 2016
60. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if she is aware of the difficulties for An Garda Síochána in policing anti-social activity associated with public drinking in view of the fact that this is not currently an offence and by-laws vary in this regard depending on the local authority, harbour authority, transport authority, and so on; and the steps she will take to address this escalating problem. [18271/16]
View answerI am advised that the Garda authorities engage regularly with local authorities and other relevant bodies, including those referred to, as well as business and community interests in relation to the management of public events, gatherings in public places and the maintenance of public order, including in relation to the misuse of alcohol and under-age drinking. Gardaí also implement relevant policing operations as required including with respect to areas favoured for public recreation during the summer months.
There is a range of legislation in place to address the misuse of alcohol in public places, including section 37A of the Intoxicating Liquor Act 1988, (as inserted by section 14 of the Intoxicating Liquor Act 2008), which provides that where a Garda suspects that a person is under 18 years of age and that he or she, or anyone accompanying him or her, is in possession of intoxicating liquor for consumption by a person under 18 years (other than in a private dwelling), the Garda may seek an explanation and if not satisfied with the reply, may seize the bottle or container of intoxicating liquor. The Garda may also seek the name, address and age of the person suspected of being under 18 years of age. It is an offence for a person, when requested by a Garda, to refuse to give his or her name, address and age, to give a name, address or age that is false or misleading, or to refuse to hand over the bottle or container.
Moreover, section 8A of the Criminal Justice (Public Order) Act 1994, (as inserted by section 19 of the Intoxicating Liquor Act 2008), provides that a member of the Garda Síochána may, in certain circumstances, seize intoxicating liquor from any person regardless of age. Gardaí may also request the person to provide his or her name and address, to desist from certain behaviour and to leave the place concerned in a peaceable and orderly manner. Gardaí may use these powers to prevent nuisance or annoyance to others and to forestall damage to property or a breach of the peace. Any failure by a person to cooperate with a request to hand over intoxicating liquor or to give his or her name and address is an offence.
In conclusion, I am advised by the Garda authorities that Gardaí continue to utilise the wide-ranging legislative powers which are available to them in dealing with the matters referred to. I might add that if the Garda Commissioner feels that there are other legislative measures that should be taken in this area I would of course give very careful consideration to any proposals which she might wish to make.
