Terence Flanagan
Ceist:572. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce legislation on public drinking (details supplied); and if she will make a statement on the matter. [30881/14]
Amharc ar fhreagraTuesday, 15 July 2014
Ceisteanna (572)
Freagraí scríofa
The position is that powers have been given to local authorities to make bye-laws in relation to use, regulation or management of land, services or any other matter under their control or management in Part 19 of the Local Government Act 2001 (previously Part VII of the Local Government Act 1994). Many local authorities have used these powers to introduce bye laws prohibiting the consumption of intoxicating liquor in public places within defined geographical areas. The legislation also provides for offences, which may be prosecuted by the local authority itself or by a member of the Gardaí, and for appropriate penalties.
Furthermore, under section 37A of the Intoxicating Liquor Act 1988, as inserted by section 14 of the Intoxicating Liquor Act 2008, where a Garda suspects that a person is under 18 years of age and that that person, or anyone accompanying him or her, is in possession of intoxicating liquor for consumption by a person under 18 years in a place other than a private dwelling, the Garda may seek an explanation and if not satisfied with the reply, he or she may seize the intoxicating liquor. The Garda may also seek the name, address and age of the person suspected of being under 18 years of age. It is an offence for a person, when requested by a Garda, to refuse to give his or her name, address and age, to give a name, address or age that is false or misleading, or to refuse to hand over the bottle or container.
Moreover, section 8A of the Criminal Justice (Public Order) Act 1994, as inserted by section 19 of the Intoxicating Liquor Act 2008, provides that a member of the Garda Síochána may, in certain circumstances, seize and remove intoxicating liquor in a bottle or other container from any person regardless of age. The powers of the Gardaí under this section also include power to request the person to provide his or her name and address, to desist from certain behaviour and to leave the place concerned in a peaceable and orderly manner. These powers may be exercised where the Garda concerned believes that the person is acting in a manner that is causing, or is likely to cause, a nuisance or annoyance to others or is, or is likely to be, a danger to persons or property or to cause a breach of the peace. Any failure by a person to cooperate with a request to hand over intoxicating liquor or to give his or her name and address is an offence.
Question No. 573 answered with Question No. 567.