Vol. 526 No. 1
137 Mr. Boylan asked the Minister for Justice, Equality and Law Reform when he will introduce the appropriate legislation or amendment in order to prohibit the consumption of alcohol in public places; and if his attention has been drawn to the frustrations the gardaí are experiencing at present in view of the fact they do not have the powers to deal with this type of activity. [23448/00]
The law already contains a number of substantive measures to deal with drinking in public places. Under the Intoxicating Liquor Act, 1988, it is an offence for any person under 18 years of age to consume alcohol in any place other than a private residence in which that person is present either as of right or by permission.
Section 4 of the Criminal Justice (Public Order) Act, 1994, makes it an offence for any person 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 to himself or herself or to any other person in the vicinity. Section 5 of the 1994 Act creates the offence of disorderly conduct in a public place and section 6 creates the offence of using or engaging in any threatening, abusive or insulting words or behaviour.
Section 4 of the 1994 Act also empowers the Garda to confiscate alcohol where it is suspected that an offence under that section is being committed or where it is suspected that an offence under sections 5 or 6 is being committed and the alcohol is relevant to those offences.
Section 8 of the 1994 Act empowers the Garda to "move on" persons who are acting in a manner contrary to the provisions of a number of sections including sections 4, 5 or 6 or who are loitering in a public place in circumstances which give rise to apprehension for the safety of persons or property or the maintenance of the public peace.
While I have no plans for further legislative changes, the operation of the law in this area is being kept under review by my Department. I shall also, of course, take into account any recommendations that may be made on the subject matter by the Commission on Liquor Licensing which I have established, with the approval of the Government, to review all aspects of the liquor licensing system.
