I thank Senator Farrell and other Senators for raising this important issue for discussion in the House. I am very pleased to take part in the debate and to listen to the views which Senators have on this matter.
As a topic of conversation, the subject of under-age drinking is one on which almost everyone has an opinion to offer. Some of our opinions can be formed by personal experiences and some by experiences which have been related to us by others. Some people can even have an obvious and easy solution to suggest, but Members of this House will agree that resolution of this problem is not an easy one.
As a parent myself it concerns me that our young people, however many or few, would be turning to alcohol at an early age. For this reason I do not approach this matter with a closed mind. However, what is needed is a clear, calm look at the systems, including legislation, which are in place and decisive action to remedy any shortcomings.
I am aware that there is a substantial body of legislation in place already. It might be useful in the first place for me to briefly outline the legal position on the sale of alcohol to under-age persons in particular.
The licensing laws contribute, and must continue to contribute, an important part to the overall effort of curbing the supply of alcohol to persons under the age of 18 years. The statutory provisions specific to addressing the problem of under-age drinking were the subject of review in the Bill which led to the Intoxicating Liquor Act, 1988. That Act contains a comprehensive set of provisions designed to tackle the problem.
Those provisions make it as difficult as possible for persons under 18 years to purchase alcohol lawfully, or to be in possession of it or to consume it, other than in a private residence. Section 31 of the Act makes it an offence for a licence holder to sell or deliver alcohol to a person under 18 years of age or to permit consumption of alcohol by, or the supply of alcohol to, such persons.
The law also recognises the possibility of persons buying alcohol for under-age persons and provides for specific penalties in this regard. It is an offence, under section 32 of the Act, for any person to purchase alcohol for consumption by a person under 18 years in any place other than a private residence.
Section 33 of the Act provides that it is an offence for any person under 18 to purchase alcohol, whether in an on-licence or off-licence, or to consume it in any place other than a private residence.
Section 34 makes it an offence for a person under 15 years of age to be in a bar at any time. There are exceptions provided for in this section, however, such as the children of the licensee or those otherwise resident in a licensed premises, or where a child is accompanied by his or her parents or guardians.
Section 35 provides that if a licence holder allows an under 18 year old to be present in the part of the licensed premises where an exemption is in force, an offence is committed. A licensee is also prohibited from employing under 18 year olds other than 16 and 17 year old close relatives and apprentices.
Breaches of any of these provisions attract penalties by way of fines. However, the seriousness with which a breach of the laws in relation to under-age drinking is viewed is made more forcibly in that any infringement of these laws will result in the holder of an intoxicating liquor licence, on conviction, having his or her licence mandatorily endorsed. As Senators will be aware, a third live endorsement results in automatic forfeiture of the licence.
In so far as legislation can contribute to combating abuse of alcohol by young persons, the controls provided for in the 1988 Act were generally regarded as going as far as criminal legislation could reasonably be expected to go. Enforcement of the legislation is, of course, a matter for the Garda Síochána and I am told by the Garda authorities that the legislation is enforced in a uniform fashion countrywide. However, I am sure Senators will agree that legislation, and the enforcement of such, alone cannot be the only solution to the problem. There are, of course, other non-legislative measures which can be taken. For example, the gardaí are involved in identification card schemes for persons aged under 18 years. These schemes are operated by the local gardaí in conjunction with the Licensed Vintners Association, with funding in most cases from local publicans. There are over 100 of these schemes in operation.
In general, these schemes have been considered to have been reasonably successful and to have assisted in reducing the level of alcohol use by persons under the age of 18 years in the areas in which they were introduced. I want to take this opportunity to pay tribute to the agencies, voluntary and statutory, which have contributed to these local schemes. It is in part because of the success of these schemes that I have now moved to introduce the national voluntary scheme.
Arrangements for the introduction of a national voluntary age card scheme on the basis of provisions in the Act of 1988 are in the course of being drafted in my Department for introduction in the new year. I have taken a personal interest in this matter because of the importance I attach to tackling the problem of under-age drinking. I have also had a number of meetings with the Garda Commissioner on the subject and have discussed the matter again with him within the past few weeks.
On a wider front, Senators will be aware that I have recently received the report of the Sub-committee on Legislation and Security of the Oireachtas Joint Committee on Justice, Equality and Women's Rights in relation to a review of the liquor licensing laws. As would be the normal case, any reform of the Licensing Acts would require the matter be the subject of consultation with interested parties. In this regard I decided to allow for a limited period of consultation in which to allow parties to respond to the report, or make other observations regarding the licensing laws. The closing date for such contributions was 30 September 1998 and in excess of 60 submissions were received.
My objective in this was to ensure that any legislation that is brought forward by the Government in due course will take into account the many views of people in this complex and difficult area. Additionally, I received the interim report of the Competition Authority in September. This report, while not relevant in its specifics to the problem of under-age drinking, also has important implications for the licensing code. The reports, together with the submissions received, are in the course of being examined as part of the consultative process which I have engaged in with a view to careful and in-depth examination of the question of amending legislation. The specific recommendations contained in the Oireachtas committee's report in relation to under-age drinking are receiving particular attention.
Moreover, I am at present giving consideration to a proposal that, in proceedings against a person charged with the offence of selling or permitting the sale of alcohol to a person under the age of 18 years, the defence of "reasonable belief" that the person served was over the legal age should be abolished. This, in conjunction with the introduction of the national age card scheme, to which I have already referred, will further strengthen the hand of all agencies in the fight against the scourge of under-age drinking. While the national voluntary age card scheme, together with penalties for breach of the law, should help with the supply side of the under-age drinking problem, they do not tackle the problems on the demand side.
I am sure Senators will appreciate that legislative measures and Garda action alone cannot provide the solution to the problem of under-age drinking. They will not, for instance, deal with the ever decreasing age at which young people commence drinking. I understand that recent surveys have claimed that some youngsters become regular drinkers from their early teens. Like any parent, I have to be concerned at this situation. There is a perception that there is widespread flouting of the law in this regard and that the level of enforcement is not as rigorous as it should be. The Garda Síochána has a difficult job to do and I know that it actively enforces the law in this regard.
The annual crime report of the Garda Síochána for 1997 shows a total of 1,397 referrals to the national juvenile office for drink related offences and also that a number of prosecutions were followed up. The Garda Síochána community relations section also runs a schools programme throughout the country. The objective of this programme is to make young people aware of the dangers of involving themselves in crime generally. Included in the programme would be discussions about the dangers inherent in under-age drinking.
To be effective in dealing with this issue we must also look at the packaging of the product. Modern day television and other advertisements lead to drinking being seen by more and more young people, including those in their early teens, as an accepted and desirable way of life. It is clear that under-age and excessive alcohol consumption cannot be effectively addressed by concentrating only on law enforcement measures — though law enforcement clearly has an important part to play. It is an area which needs to be dealt with on a cross-agency basis and it requires significant community input and support.
I should also mention at this stage the national alcohol policy which was launched in September 1996. This policy document is directed at reducing the prevalence of alcohol related problems in Irish society through an emphasis on moderation in alcohol consumption. The document covers a broad range of alcohol related issues, including historic, cultural, economic and legal factors relevant to the use and abuse of alcohol. It also covers matters such as education, advertising, prevention, diagnosis and treatment strategies. The problem of under-age drinking is given particular attention in that both the issues of youth and alcohol and the role of parents and family, and their part in any solution to the problem, are adverted to.
It is clear that legislative measures, Garda activity or even Government action alone will not solve the problem. It is up to all of us, parents, teachers, those involved in the licensing trade and public representatives, to share the responsibility to tackle the problem. That is why the Government will introduce the national voluntary age card scheme. It is time this was done. The regulatory power to introduce this scheme was contained in an 1988 Act. It has not been introduced in the intervening period.
With a view to buttressing and helping others involved in the fight against under-age drinking, it is entirely appropriate, desirable and necessary that I introduce this measure. It will not resolve the problem on its own. However, it will be of assistance. In so far as we can assist, we must do so. That is why I am giving consideration to eliminating the defence of reasonable belief. This, together with the introduction of the card, should be of assistance in the fight against under-age drinking.
We owe it to our young people to help them to lead full and productive lives as valuable members of our society. I acknowledge the fact that the vast majority of publicans would not, under any circumstances, wilfully serve drink to a young person. I also acknowledge the help given and the work done by the representative associations of publicans in this regard.