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Dáil Éireann díospóireacht -
Tuesday, 6 Nov 2001

Vol. 543 No. 2

Written Answers. - Legislative Measures.

Cecilia Keaveney

Ceist:

668 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if there is legislation in place to deal with minors who are intoxicated in public places; and if he will make a statement on the matter. [26177/01]

Cecilia Keaveney

Ceist:

669 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if there is adequate legislation in place to deal with minors who are engaged in anti-social behaviour; and if he will make a statement on the matter. [26178/01]

I propose to take Questions Nos. 668 and 669 together.

Under-age drinking and anti-social behaviour by young persons are complex and, on occasion, interlinked issues that require a combination of preventative and enforcement strategies, of which legislative measures can only ever be one component. Nevertheless, there already exists a wide range of relevant legislation, to which reference only to the main provisions may be made here.
The Intoxicating Liquor Act, 1988, is designed to make it as difficult as possible for persons under the age of 18 years to be sold alcohol, to be in possession of it or to consume it other than in a private residence. The Intoxicating Liquor Act, 2000, strengthens the law in this regard by providing for the removal of the "reasonable belief" defence of licence holders in selling alcohol to under-age persons and by providing that, where a conviction for the sale of alcohol to an under-age person is upheld, the licensed premises may be closed for a specified period.
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 she or he might be a danger to himself or herself or to any other person in the vicinity. These provisions, in conjunction with the voluntary age card scheme that I introduced in 1999, will contribute further to the combating of under-age drinking in public places.
With specific regard to public order, section 5 of the 1994 Act creates the offence of disorderly conduct in a public place; section 6 creates the offence of using or engaging in any threatening, abusive or insulting words or behaviour; and section 8 empowers the Garda Síochána to "move on" persons 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.
I am satisfied that existing legislation is adequate to deal with the issues of under-age drinking and anti-social behaviour. However, although I have no plans for legislative change, the operation of the law in these areas will continue to be kept under review by my Department.
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