Dáil Éireann díospóireacht -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Written Answers. - Constitutional Rights.

Finian McGrath

Ceist:

1341 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will review the constitutional rights of convicted drug dealers in the areas of entitlement to local authority housing, and ownership or part ownership of places or dwellings used for the socialising and entertainment of the general public. [15611/02]

Minister for Justice, Equality and Law Reform (Mr. McDowell):

The law on combating drug abuse in places used for public dancing, licensed premises and other places of entertainment is contained in the Licensing (Combating Drug Abuse) Act, 1997. Under section 2 of this Act, a person convicted of a drug trafficking offence is disqualified for life from obtaining an intoxicating liquor licence, a public dancing licence or a public music and singing licence. Such a person is also disqualified from being a shadow licence holder. A drug trafficking offence includes offences involving drug dealing. A court can also disqualify for life from holding any such licence a person who already held a licence at the time of the conviction for a drug trafficking offence. When this happens the premises cannot again have the relevant licence attached to it.

In addition, the 1997 Act provides for the revocation by the courts of public dancing and public music and singing licences of persons in whose premises controlled drugs were sold, supplied or distributed. Such persons are disqualified from holding such licences for five years and the premises cannot operate under such licences for those five years. Similarly, the owner of an intoxicating liquor licence in whose premises controlled drugs were sold, supplied or distributed can have his or her licence suspended by the courts for between four and five years depending on the time of the year the licence was suspended and during the period of the suspension, the premises cannot have an intoxicating liquor licence attached to it.

While the sanctions outlined relating to drug traffickers and persons on whose licensed premises controlled drugs are abused are severe, I consider them an appropriate and measured response by the Oireachtas to the problem. I am also satisfied that they do not conflict with the constitutional rights of any person.

I do not have any responsibility for policy in relation to the entitlement of drug dealers to local authority housing.