Dáil Éireann Debate, Wednesday - 4 April 2007
80 Mr. Gilmore asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will use the powers available to him under Section 22 of the Intoxicating Liquor Act, 2003 to provide for the traceability of alcohol sold for consumption off premises; and if he will make a statement on the matter. [12910/07]
Amharc ar fhreagraThe position is that section 22 of the Intoxicating Liquor Act 2003 provides for the making of regulations specifying particulars which are adequate to enable the licensee and the licensed premises concerned to be identified to be affixed to containers in which alcohol is sold for consumption off licensed premises.
While the labelling of containers in which alcohol is sold with a view to combatting under-age consumption is an attractive idea, significant challenges would need to be overcome in order to render it effective in practice. These challenges arise under two headings.
Firstly, practical difficulties will be encountered where several individual containers are packaged together for sale, e.g. an enclosed six-pack of bottles; a plastic-wrapped tray of cans; or a nailed wooden box containing bottles of wine. This raises the important issue of whether the label should be attached at the point of sale or earlier in the supply/ distribution chain. Attaching labels at an early stage would be simpler but this would create logistical difficulties for importers and distributors and lead in turn to increased distribution costs. Moreover, in the case of imports from EU countries, such additional labelling requirements could be regarded as infringing internal market rules relating to free movement of goods.
Also, it would be naive to overlook the possibility of labels being removed, or rendered non-legible, after sale. The possible transfer of the contents from a labelled container to another unmarked container cannot be ruled out either.
Secondly, from an enforcement perspective it is clear that possession by an underage person of a labelled container does not in itself constitute proof that the alcohol in the container had been illegally supplied to that person by the licensee whose particulars appear on the container. It may have been taken from the family home or have been sold to a person over the age of 18 in good faith before being passed on to the underage person. Indeed, a labelled container may have passed through several hands before finding its way into the hands of an underage person.
Issues relating to the evidential value of being found in possession of a labelled container were raised during consultations on implementation of section 22 of the 2003 Act and the matter was subsequently raised with the Office of the Attorney General. The Attorney General's Office has expressed serious doubts about the evidential value of possession of a labelled container and doubt is, therefore, cast on the utility of any regulations that might be made under section 22 of the 2003 Act.
One option that could possibly be considered in the context of future legislation would be a presumption that any alcohol container found in the possession of an underage person had been purchased by that person from the licensee identified on the container until the contrary was proved. However, the Attorney General's Office has also advised that such a proposal would raise serious constitutional issues and would run the significant risk of being found to be inconsistent with Article 38 of the Constitution.
For these reasons, I do not, as I have already stated on a number of occasions, intend to make regulations under section 22 of the 2003 Act at this time. I will, however, give serious consideration in the context of future legislation to any reasonable and workable proposal that would deal with this matter without giving rise to the difficulties that I have already outlined.
