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Dáil Éireann díospóireacht -
Tuesday, 6 Jul 1982

Vol. 337 No. 5

Ceisteanna—Questions. Oral Answers. - Under-Age Drinking.

5.

asked the Minister for Justice if he is aware of the substantial increase in under-age drinking; if so, if he considers that a review of existing legislation is necessary; and when such legislation will be introduced.

6.

asked the Minister for Justice the number of convictions within the past year for the offence of knowingly supplying alcoholic drink to a person under 18 years of age.

7.

asked the Minister for Justice if he intends to amend the legislation under which fines are imposed on publicans who knowingly serve alcoholic drink to juveniles as the maximum fine at present is £5.

I propose to take Questions Nos. 5, 6 and 7 together.

A review of intoxicating liquor legislation has been carried out with special reference to the serious problem of under-age drinking and I am at present considering what specific amendments I might recommend to the Government. If the Government decide that amendments should be introduced, they will, of course, come before the House in the normal way.

Provisional figures obtained in respect of the year 1981 indicate that, in that year, there were 19 convictions for the offence of knowingly supplying or selling intoxicating liquor to persons under the age of 18 years.

Will the Minister not agree that his reply is entirely unsatisfactory? This is a serious problem but there have been only 19 convictions in the past year and the Minister has not given a firm date to introduce legislation to control the sale to teenagers of alcoholic liquor by publicans and supermarkets, and it is causing intense problems certainly in Dublin city and county and probably throughout the country. Will the Minister give the House a definite date for what he is proposing and will he state when the House is likely to see such legislation?

I agree with the Deputy that the number of convictions in this area is very low having regard to the number of complaints received by all Deputies about this matter. However, I must make the point that, as Minister of State, I had a memorandum ready for Government when I left office but it lay with my predecessor for eight months. I have now reactivated preparation of that legislation and I am at this time taking into consideration additional views that have been communicated to me.

Is the Minister aware that district justices are on record as asking for an increase in the maximum fine? Further, is he aware of the difficulties of publicans in determining the age of young drinkers? Would he consider a scheme for age identification of young drinkers? This is successful in parts of the country and many publicans are looking for it.

I am aware of the difficulty but I would not be prepared to support the view that there should be an identification card system on a statutory basis.

Will the Minister indicate if the review of the licensing laws includes a review of the situation whereby young people can buy alcohol in off-licences and in supermarkets?

That aspect is being examined along with other matters.

Is the Minister aware that one of the reasons for the small number of prosecutions and convictions is because of the presence in the Act of the word "knowingly", and the difficulty that centres on proving that? Will he agree that in this instance it would be appropriate that a conviction should follow where a publican has failed to exercise due care in determining the age of the would be customer?

I agree that is the difficulty.

Will the Minister state if the remarkably long delay on the part of successive Governments to introduce essential legislation in this area has been due in any way to pressure from the publicans' lobby?

The views of the publicans were communicated to me at my request, and at their request in so far as they met in the past. Pressure applied by any individual grouping has not influenced the present situation.

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