Dáil Éireann Debate, Wednesday - 13 December 2017
121. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 246 of 12 July 2017, 113, 114, 115 and 116 of 28 September 2017 and 571 of 7 November 2017, if the report is now available; and if he will make a statement on the matter. [53329/17]
Amharc ar fhreagraI am advised by the Garda authorities that the number of ‘test purchasers’ used in any given test purchasing operation is not centrally recorded on PULSE. Parental/Guardian consent and agreement forms are required for each operation and are retained locally at each District. Consequently, An Garda Síochána is not in a position to provide the information requested as it would require a disproportionate amount of Garda time and resources to collate the data requested.
The test-purchasing of intoxicating liquor, as governed by section 37C of the Intoxicating Liquor Act 1988 (as inserted by section 14 of the Intoxicating Liquor Act 2008) came into operation on the 1 October, 2010 by virtue of the Intoxicating Liquor Act 2008 (Commencement) Order 2010, Statutory Instrument Number 449 of 2010. In accordance with Section 37(c) of the Intoxicating Liquor Act 2008, licensed premises are selected for the purposes of the application of this section, on the basis of location of the premises, complaints received by An Garda Síochána relative to such premises; the number and kind of contraventions (if any) of the Licensing Acts 1833 to 2008 relating to the premises and / or the clientele attracted to the premises, or any combination thereof.
The consent of the parent or guardian of a person who is at least 15 years of age but under the age of 18 years is required, in writing, to allow him or her be sent into a licensed premised for the purpose of purchasing intoxicating liquor therein. As advised in responses provided previously to the Deputy, the welfare of test-purchasers involved in the test purchasing operations is paramount. The UN Convention on the Rights of the Child is relevant in this context.
Article 3 of the Convention provides that the best interests of the child shall be a primary consideration in all actions concerning children, and administrative measures shall be appropriate to ensure each child such protection and care as is necessary for his or her wellbeing, taking into account the rights and responsibilities of his or her parents or guardians. Institutions, services and facilities responsible for the care or protection of children shall conform with the established standards, particularly for safety, health, the number and suitability of staff, and competent supervision.
Reflecting the terms of this Convention and national policy objectives set out in the Children First National Guidelines for the Protection and Welfare of Children (“Children First Guidelines”), the highest possible level of protection for the test purchaser is required.
Accordingly, when considering the deployment of minors/children for the purpose of a ‘test-purchase’ operation, members of An Garda Síochána are required to have regard to the following:
- If at any time during test purchasing operations, a test purchaser indicates that he or she does not wish to continue, or shows signs of distress, the operation must be halted immediately;
- If, while in the care of An Garda Síochána, a test-purchaser is injured or suffers loss or damage to his or her property, the incident must be reported without delay to the parent or guardian and the Superintendent in whose area the operation has taken place;
- Test-purchasing operations are to be organised in such a way as to avoid, as far as possible, the test-purchaser being called as a witness in court proceedings. As a general rule, a witness statement need not be taken from the test-purchaser since a member of An Garda Síochána will accompany the test-purchaser at all times and witness any purchase which may take place. The required witness statement can therefore be provided by the member of An Garda Síochána in any court proceedings arising from test-purchasing operations. Nevertheless, in exceptional circumstances, the test-purchaser may be required to attend court as a witness;
- Parental or guardian agreement and consent for the participation of a test-purchaser must be obtained.
Furthermore, members of An Garda Síochána conducting test-purchasing operations should satisfy themselves that:
- the safety and welfare of the test-purchaser has been fully considered;
- any risk has been properly explained to and understood by the test-purchaser;
- a risk assessment has been undertaken; and
- a record is kept of the operation.
If, at any point, a member of An Garda Síochána involved in the operation considers that it is necessary to halt the operation in order to avoid harm to the welfare of the test-purchaser, the member should do so.
Divisional Officers in the cited Divisions have indicated that while efforts have been made since the enactment of the legislation, including in the years subject of the Deputy’s Question, to conduct test-purchasing operations it has proved difficult to source suitable candidates to act as test-purchasers. When parents have been approached to seek approval to participate in such purchasing operations, such approval was not forthcoming from parents who, while supportive of such initiatives, do not wish their children to be involved, or exposed to any potential risks resulting from such participation.
Efforts continue to be made to encourage parents to allow their children to participate in operations while, simultaneously, the relevant provisions of the legislation, including the sale or supply, or purchase and consumption of alcohol to / by persons under 18 years of age, continuing to be closely monitored and enforced, with prosecutions for such offences recorded in many Garda Divisions, without the necessity to utilise test-purchasing operations, which would, preferably, to ensure best outcomes, be intelligence-led.
In other Garda divisions and Districts, through high visibility patrols and engagement with young people, through various activities, including sport, it is the position that the purchase of intoxicating liquor by persons under 18 years of age is not a significant problem, as a result of other proactive policing methods deployed in such District / Divisions, particularly during holiday periods, examination / result times, and other festive periods, when persons under 18 years may attempt to purchase alcohol.
The situation continues to be monitored by local Garda Management, in conjunction with the respective Regional Assistant Commissioners, in the context of the ongoing analysis of complaints and crime-trends taking into consideration information / intelligence gathered through routine policing, whereupon the requirement to deploy test-purchasing initiatives will again be re-visited, with a view to identify suitable candidates whose parents are will to permit their participation.
