Vol. 428 No. 5
9 Mr. Gregory asked the Minister for Justice her views on claims that a disco hall (details supplied) in Dublin 1 is used as a major distribution centre for the illegal drug ecstasy between 1.30 a.m. and 8.30 a.m. at weekends which is outside the opening hours provided for under licence, that the gardaí have no powers to force its closure and so curtail the drug distribution and that three other disco halls (details supplied) are also used as drug distribution centres.
The Public Dance Halls Act, 1935, makes provision for the licensing, control and supervision of places used for public dancing. Under this Act, persons who wish to use premises for public use as a nighclub or a discotheque or to hold public dances, or to operate a dance hall, ballroom or nightclub, must apply to the courts for a public dancing licence in advance. These licences are renewable on an annual basis, unless revoked or surrendered earlier. The 1935 Act also provides that no place, whether licensed or not licensed for the sale of intoxicating liquor, should be used for public dancing unless a public dancing licence granted under this Act is in force. The use of a place for public dancing without such a licence is a breach of the legislation. Furthermore, if intoxicating liquor is sold on such premises they must be licensed for this purpose. The 1935 Act also provides that any member of the Garda Síochána or any other person may appear in court and "be heard in opposition to such application and may adduce evidence in support of such opposition". The Deputy will appreciate that the issuing and revoking of such licences is, however, a matter for the courts. They are independent in their functions and are subject only to the law and the Constitution.
All the premises referred to by the Deputy are very closely monitored by the Garda Síochána. Where there is evidence of breaches of any of the conditions set out in the licences or of any criminal activity all appropriate action, including prosecutions where appropriate, is taken. The Garda have also brought a significant number of charges against persons using these premises and as some of these charges are pending I am constrained in discussing these matters further.
The Garda authorities have carried out an extensive investigation into one of the premises referred to by the Deputy which does not seem to apply to the courts for a public dancing licence. A file in relation to these premises has been prepared by the Garda and has been sent to the Director of Public Prosecutions for his directions.
The Garda authorities are very alert to the dangers of the drug known as "ecstasy" which first appeared in Ireland in 1991. I am, however, informed by the Garda authorities that there is no evidence of large scale abuse of this drug. A number of measures have been taken by the Garda authorities to counter the use of "ecstasy" including the monitoring and surveillance of events which attract a teenage following and where substances of this kind may be available. For obvious reasons I cannot give details to the House of specific locations and events which are the subject of such surveillance and monitoring as to do so would adversely affect Garda operations. However, I am informed by the Garda authorites that these measures are proving effective and have resulted in a number of charges and seizures being made in connection with the possession and use of "ecstasy".
As the House is aware drug offending is treated very seriously by the Garda authorities and drug enforcement is a priority. The drug situation in Dublin and elsewhere in the country is monitored continuously. All strategies adopted by the Garda to deal with the problem are the subject of ongoing review so that the problem is dealt with as effectively and efficiently as possible. The Garda authorities are satisfied that the problem of "ecstasy" abuse can be dealt with effectively as part of their ongoing strategy for dealing with the drug problem in Ireland.
Will the Minister agree that the urgency of this question was brought home very forcibly by the news this morning of the tragic death of a young man carrying some 300 "ecstasy" tables internally and that this means of concealment is all to common and presents a particular difficulty to gardaí? Will she further agree that this is a rapidly growing problem, not alone in Dublin but in Cork and many other parts of the country? Huge profits are being made from the distribution of this drug and major criminal and buisness interests are involved. One distribution network has been established in the dance and disco halls which I have brought to the Minister's attention and, without updating the law, the Garda are unable to act effectively by closing halls operating outside the terms of their licence. The proprietors of such halls are fully aware of the powerlessness of the Garda and the inadequacy of the existing law.
I want to help the Deputy to elicit information, but he is making a statement.
I am asking a number of questions. Will the Minister agree that big business profiteers benefit at the expense of individuals such as the unfortunate young man who died on a plane to Dublin in the last few days?
I explained to the Deputy in my reply that the Garda have been monitoring closely each of the locations which the Deputy mentioned in his question and I am not in a position to give him the information he requires in regard to a number of those places because of ongoing prosecutions. The Deputy is probably also aware, in relation to the other venues he mentioned, that prosecutions have taken place successfully and that the Garda, in monitoring each of those premises, are careful to put together a case in relation to prosecutions where necessary. I agree with the Deputy that the leaseholders or the owners of such premises have a huge responsibility to society and to those who frequent their premises to ensure that no illegal activity is carried out on their premises.
Will the Minister agree that under their licence, the halls and clubs in question should close and dancing should cease at 1 a.m. but that this requirement is ignored by the proprietors and that the premises remain open and dancing continues until 5 a.m. or later, particularly on Fridays and Saturdays? Large quantities of the drug `ecstasy' have already been seized by the Garda but the after-hours opening continues specifically for the purpose of drug distribution and the penalty for failure to comply with the licensing regulations——
The Deputy should ask a question.
I am asking a specific question. Will the Minister agree that when the proprietors are brought before the courts the penalty imposed is a mere £5 per occasion and that the Garda have no power to force closure of such premises? Legislation is urgently required to give the Garda the necessary powers——
The Deputy is imparting quite a lot of information rather than seeking it.
I am very grateful to the Deputy for all the information he has given, but I think he is aware that this information is also available to the Garda. As I said in regard to two of the cases — the two about which I think the Deputy is most concerned — in one case a file had been prepared by the Garda and is now with the Director of Public Prosecution for a decision. In the second case the Garda acted immediately where the premises was found to be in breach of the licence given by the courts. This is important because, as the Deputy knows, there have been cases where the Garda have gone to court, objected to licences being given to premises but regarding which a decision was made by the court which went against the Garda recommendation. Neither the Garda nor the Minister for Justice has any control over this. It is important to realise that the Judiciary has independence in this regard, and I do not think Deputy Gregory or I would want to interfere with that.
Let us come to deal——
I have two brief questions.
It must be a very brief, relevant question.
I have two very brief questions.
No, one brief question only. The Deputy has had quite a good innings.
Thank you, a Cheann Comhairle. Will the Minister also investigate reports that city centre business premises and other properties are being bought by drug dealers who profit from huge sales of "ecstasy"? These details are available and are known to the Garda. Will the Minister have——
The Deputy is raising a separate matter.
——these cases thoroughly investigated.
I would appreciate the Deputy giving me the names and any other details in relation to his allegations so that I can have them investigated.
Let us deal with other questions to the same Minister. Question No. 10 in the name of Deputy Pat Cox.
