Vol. 566 No. 3
126 Mr. Costello asked the Minister for Justice, Equality and Law Reform his views on the final report of the Commission on Liquor Licensing; when he intends to introduce the promised legislation to amend the licensing laws; the main provisions of the proposed legislation; and if he will make a statement on the matter. [12901/03]
The Minister's intentions regarding future changes in the licensing laws are as follows. In its second interim report, the Commission on Liquor Licensing advocated a codification of the entire intoxicating liquor code. The Minister intends to act on this recommendation and the necessary preparatory work is already under way in the Department.
Codification will involve a consolidation of licensing provisions, which are currently spread across many statutes, into a single instrument. It will also involve reforms based on the commission's recommendations and the valuable work of the strategic task force on alcohol established by the Department of Health and Children. The intention is that the outline of the codification Bill will be available by mid-2004. The Commission made over 130 separate recommendations, the main thrust of which is directed towards a modernisation and streamlining of the licensing code and recognition of the need for compliance with and enforcement of its provisions. While many of the commission's recommendations relate to overall structural reforms that will require policy decisions, others are of a detailed and technical nature that will necessitate consultation with other Departments and State bodies such as the courts service. With the exception of a number of urgent recommendations, the commission's recommendations for legislative changes will be addressed in the context of the codification exercise.
As the Deputy may be aware, following submission in December last of the commission's report on admission and service in licensed premises, the Minister announced his intention to bring forward legislative proposals to respond to the commission's urgent recommendations in relation to drunkenness and disorderly conduct on licensed premises. In the meantime, he has decided to enlarge his package of proposals to include legislative responses to certain recommendations set out in the commission's final report. He will bring the package of proposals for an intoxicating liquor Bill to Government in the coming weeks, the intention being to do so within this session.
I am not sure I can thank the Minister of State for that reply in which there was not a single specific element. We have had four reports from the Liquor Licensing Commission.
There were several specific elements. I mentioned two Bills.
There was not a single specific element. We hear the Minister on a daily basis telling the media what he proposes to do. He says he will set up café pubs and that he will bar this and bar that, but the Minister of State cannot come to the House and provide me with one single specific proposal which will appear in the legislation.
I will.
The Minister of State has just made his reply, but he failed to provide me with a single proposal.
If the Deputy were to ask a question, I would be only too happy to accommodate him.
I hope he will outline specific proposals in the supplementary reply.
The Deputy did not ask about this in the main question. That is the problem.
We have had four reports from the Liquor Licensing Commission, the last of which was published last month. The strategic interim report to the Department of Health and Children referred to by the Minister of State was published over 12 months ago. The Minister speaks constantly about his plans, but he has not done a single thing. He is unable to come into the House to provide us with a single proposal. Will he put a levy on the drinks industry? Will he control advertising? Will he ban children from pubs and will he raise the age limit? Will he respond to the proposal mooted yesterday at the 30th annual conference of the Vintners' Federation? The federation says the responsibility for excessive drinking lies with the consumer. Vintners think it is nothing to do with them, but they sell the alcohol. All drink sold to under age persons or those who are already intoxicated comes from an off-licence or from a licensed premises. How will the Minister respond to that? Will the Minister of State provide the House with some specifics?
I am delighted to accommodate the Deputy. I gave very specific information in my initial reply. Emergency-type proposals will be introduced in this session and the main codification of the liquor licensing code to meet the other recommendations of the Liquor Licensing Commission will be introduced by mid-2004. There will be revised provisions in the Bill which is due before the House this session, including stronger penalties in relation to the sale and supply of intoxicating liquor to drunken persons and drunkenness on licensed premises. There will be stronger provisions in relation to the maintenance of order and prohibition of riotous behaviour and disorderly conduct on licensed premises. There will be a prohibition on promotional practices which lead to excessive consumption of intoxicating liquor on licensed premises and an extension of enforcement powers under the existing laws to uniformed gardaí. There will be wider use of temporary closure orders, closing time on Thursday nights will be brought back to 11.30 p.m. and there will be a new provision to allow local authorities pass a motion in respect of an application for an exemption, which will be taken into account by the court. There will be a prohibition on the provision of entertainment during drinking-up time and there will be an amendment to the Equal Status act to permit licensees to exercise discretion and exclude children under 15. Licensees will also be given discretion to exclude young persons of 15, 16 and 17 from licensed premises at any or all times and a new requirement will be introduced, whereby persons under the age of 24 must carry evidence of age document on licensed premises. Is that sufficient detail for the Deputy?
The Minister of State has just presented ten specific elements, which were precisely what I sought in my question. However, he was not going to give me those details had I not asked him a supplementary question. I asked what the main provisions of the proposed legislation were and I thank the Minister of State for his reply. The Minister of State made no reference to how the Minister for Justice, Equality and Law Reform will deal with under-age drinking in terms of the supply of drink. Recent surveys indicate that two thirds of 15 and 16 year olds are regular drinkers and half are binge drinkers. They cannot drink in this manner unless they are getting the drink from somewhere. How will the law be enforced? The gardaí in County Mayo are doing a fabulous job by enforcing the laws in relation to under-age drinking, but that is not being done anywhere else. The Minister of State has not given specific proposals as to how that will be done.
I have given the Deputy a number of specifics in a short space of time. These proposals will enable us to combat under-age drinking in so far as the drink is being supplied by licensed premises. I agree with the implications in the Deputy's question that licensed premises are not the only outlets that supply drink to under-age people – it is available in supermarkets and off-licences. We are introducing proposals to deal with the provision of alcohol to under-age persons in pubs, as they are commonly defined, but the question of how one deals with supermarkets and off-licences is a bigger one, which will be dealt with in the 2004 legislation.
