Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 16 Dec 1997

Vol. 485 No. 2

Written Answers. - Drinking in Public Places.

Seán Haughey

Ceist:

309 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he will introduce legislation to create a criminal offence of drinking alcohol in public places with appropriate penalties and powers of enforcement for the Garda; and if he will make a statement on the matter. [22891/97]

Richard Bruton

Ceist:

314 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the initiatives, if any, he has to deal with the problem of drinking by young people in public places; and his views on whether the existing legislation which limits Garda action to confiscation of drink from those aged under 18 only is satisfactory. [22897/97]

I propose to take Questions Nos. 309 and 314 together.

The law already provides for offences in relation to drinking alcohol in public places. Under the Intoxicating Liquor Act, 1988, it is an offence for any person under the age of 18 years to consume alcohol in any place other than a private residence in which that person is present either as of right or by permission and a person found guilty of such an offence is liable to a fine of up to £50. The Garda have power to confiscate drink they find in the possession of any such young person.

The Criminal Justice (Public Order) Act, 1994, deals with situations where public drinking leads to disorderly behaviour. Under that Act, it is an offence for any person (regardless of age) to be present in a public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he or she might be a danger either to himself or herself or to any other person in the vicinity. A person found guilty of such an offence is liable to be fined up to £100. In addition, the Act gives power to a garda to confiscate alcohol where he or she suspects with reasonable cause that a disorderly conduct offence is being committed and also empowers a garda to "move on" persons who are intoxicated in a public place.

I understand that it is also open to local authorities to use their by-law making powers under the Local Government Act, 1994, to control the consumption of alcohol in public places.

While I have no plans at present to amend the liquor licensing or public order laws in relation to drnking in public places, I will keep the matter under regular review. Local authority by-laws are of course a matter for the local authorities concerned.

Barr
Roinn