Dáil Éireann díospóireacht -
Wednesday, 2 Feb 2000

Vol. 513 No. 4

Written Answers. - Underage Drinking.

Jack Wall

Ceist:

86 Mr. Wall asked the Minister for Justice, Equality and Law Reform the measures, if any, he will introduce to compel publicans to display the name of their premises on their bags in order to assist the gardaí in tracing the source of alcohol sold to minors in view of the widespread problem of under age drinking; and if he will make a statement on the matter. [2669/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I have indicated to the House on a number of occasions, by way of reply to parliamentary questions, the provisions in the law which apply to the problem of underage drinking. Chief among those provisions, contained in the Intoxicating Liquor Act, 1988 are that it is an offence for any person under 18 years of age to purchase alcohol, or for someone else to purchase alcohol for any person under 18 years of age, whether in an on or off-licence, or to consume it in any place other than a private residence; it is an offence for a licence-holder to sell or deliver alcohol to a person under 18 years or to permit consumption of drink by, or the supply of drink to, such a person; intoxicating liquor in the possession of under-18s in any place other than a private residence may be seized by the gardaí; persons under 15 years are not allowed into the bar of a licensed premises unless accompanied by a parent or guardian; no person under 18 years is allowed in the part of licensed premises where an extension under a special exemption order is in force; and under-18s are not allowed on off-licensed premises unless accompanied by a parent or guardian.

The Garda Síochána are given powers under the 1988 Act to demand names and addresses, seize intoxicating liquor, arrest without warrant and enter and inspect premises.

In January 1999 I made regulations for a national voluntary age card scheme under section 40 of the Intoxicating Liquor Act, 1988. Those regulations came into effect on 19 April 1999. Any person who has attained 18 years of age is entitled to apply for an age card at his or her local Garda station. The scheme is intended as an additional deterrent against underage drinking.

Following the Government's approval of my proposals for the drafting of an Intoxicating Liquor Bill, the Bill will contain provisions to strengthen the law further on underage drinking. It will do so through removal of the reasonable grounds defence in any proceedings against a licensee; closure of a licensed premises for a specified period, and; an increase in fines generally.

The Bill will be published as soon as possible in this session.

The certain suggestion made by the Deputy for improvement in the law is not without difficulty. A licensee who is prepared to break the law in the first instance by selling or supplying alcohol to persons under 18 years of age might not feel compelled to comply with a law which would oblige him or her to advertise the fact that he or she is breaking the law. On that basis, the suggestion might not contribute to the efforts of the gardaí in this area. The code of law which will apply on enactment of the Bill should offer comprehensive and effective deterrents and sanctions in the area of underage drinking.