Dáil Éireann díospóireacht -
Tuesday, 17 Dec 2002

Vol. 559 No. 5

Written Answers. - Age Cards.

Pat Carey

Ceist:

348 Mr. Carey asked the Minister for Justice, Equality and Law Reform the range of documents which the proprietor of a licensed premises can request to establish the age of a customer; if the Garda age card complies with the requirements of the intoxicating liquor and equality legislation; and if he will make a statement on the matter. [26421/02]

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

Section 40 of the Intoxicating Liquor Act, 1988 provides that the Minister for Justice, Equality and Law Reform may by regulations provide for the issue of an age card to those who have already attained 18 years of age and are, therefore, legally entitled to purchase or consume alcohol on a licensed premises.

The Intoxicating Liquor Act, 1988 (Age Card) Regulations, 1999, set out the detailed provisions in relation to the application and authentication procedure as well as procedures for the preparation and issue of age cards. This scheme, which is operated by the gardaí, is designed to assist licence holders to comply with legislative provisions relating to under-age drinking by providing evidence of age where a doubt exists. I am pleased to say that the latest figures available to me indicate that over 80,000 age cards have been issued by the gardaí to date.

The 1999 regulations do not preclude the use of other forms of identification for proof of age purposes. However, in any proceedings against a licence holder for the sale of alcohol to an under-age person, it is a defence for the defendant to prove that an age card issued under the 1999 regulations was produced by the person in respect of whom the charge is brought. As the Deputy may be aware, serious penalties, including temporary closure of licensed premises, can result where a licence holder is convicted of the offence of selling intoxicating liquor to an under-age person.

In short, a licence holder must be satisfied that a customer has attained the age of 18 years and is, therefore, entitled to seek an age card under the general common law right to seek reassurance that one is not breaking the law in entering into a contract. The Equal Status Act, 2000, does not impinge on this right.