Dáil Éireann Debate, Tuesday - 11 November 2008
382 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the penalties under an Act (details supplied) for alcohol related disorder; his plans to increase this penalty; and if he will make a statement on the matter. [40039/08]
Amharc ar fhreagraThe Criminal Justice (Public Order) Act 1994 is the enactment under which most public order offences are prosecuted, including those for alcohol related disorder. Sections 4 and 5 of that Act are of particular relevance to alcohol related offences. They relate to offences of intoxication in a public place and disorderly conduct in a public place, respectively.
The fines for sections 4 and 5 offences were increased by the Intoxicating Liquor Act 2008, which I introduced earlier this year, to a maximum fine of €500 for persons convicted of an offence under section 4 and a maximum fine of €1000 under section 5.
Section 8 of the 1994 Act is also relevant. Under that section, a Garda may direct a person to desist from behaving in a manner contrary to the provisions of section 4 and 5 and may instruct the person to leave the vicinity of the area in question. Failure to comply with the direction is an offence punishable by a fine or up to six months imprisonment, or both. The maximum fine was increased to €1000 by the 2008 Act.
A new section 8A was inserted into the 1994 Act by the 2008 Act. It provides that a Garda may confiscate intoxicating liquor from a person and may direct that person and any accompanying persons to leave the area in a peaceable manner. A person convicted of an offence under this section is liable to a fine of up to €1000.
In September I signed Regulations that provide for the issue of fixed charge notices for offences under sections 4 and 5 of the 1994 Act. Under the Regulations, if a Garda is of the opinion that a person has committed one of these offences, the member may serve on that person a fixed charge notice. The notice offers the person the option of paying a fixed charge of €140 in respect of disorderly conduct and €100 in respect of public intoxication, instead of being prosecuted for the offence. These Regulations gave effect to sections 23A and 23B of the 1994 Act which were inserted by Section 184 of the Criminal Justice Act 2006.
I have no plans at present for further changes in the level of penalties but I will be keeping the situation under review.
