Ladies and gentlemen,

I want to thank the Taoiseach for his attendance here today. He has just come from his last Leaders’ Questions in the Dail and in recent months during those Dail sessions, he has voiced his concern about our problem of alcohol abuse.

Indeed, shortly after he appointed me Minister for Justice, we discussed the need to address this problem. He has made an important contribution to the measures we are announcing here today and I want to thank him personally for his steadfast support, his advice and for the benefit of his considerable political wisdom on this important area of public policy. 

I also want to thank Dr Gordon Holmes and the other members of the Alcohol Advisory Group, for their hard work in delivering their recommendations to me within the Government’s ambitious deadline. Gordon has become very expert in the licensing area, having chaired a number of commissions in recent years. And again, shortly after my appointment, he expressed to me his concerns that these commissions had failed to address the damaging impact of alcohol abuse on the health of individuals and on society at large. He and his Committee have in their Report which we are also publishing today, provided a very sound basis on which government can now proceed to action.

I want to say at the outset that the draft Bill we are publishing here today is not some killjoy measure conjured up by a nanny-state government. Far from it. This is a response to a very significant problem of alcohol abuse which is leading to public disorder and is exacerbating our crime problem.

A report published earlier this week by the HSE highlights the damage alcohol is doing to our country:

· 46% of those who murder or manslaughter were intoxicated at the time of their crimes.
 drunkenness was a factor in more than one third of all fatal crashes
· a quarter of severe domestic abuse cases took place in the context of excessive alcohol consumption.
· between 1996 and 2002 public order adult offences increased by 247%

Particularly worrying is the increase in alcohol abuse among our young people. We know that our young people are among the biggest binge drinkers in Europe and we know that one in five of those under the age of 17 who come to the attention of the Gardaí do so for alcohol related offences.  Those who get involved in crime at a young age are at a huge risk of continuing a life of crime.  It is clear that binge drinking is a first step for some young people to a career in crime.

The proposals for reform of both licensing law and public order legislation set out in the draft Bill that I am releasing here today are a start. They address the public order and licensing aspects of our national problem with drink. As we know from the report earlier this week, there are very serious public health consequences to this problem as well. The Report of the Alcohol Advisory Group contains a number of other recommendations which we will be taking up with other government departments.

The drafting of the Bill I am announcing here today is already under way with a view to its enactment before the summer recess. I know that the Government’s concerns about binge drinking and alcohol-related harm are widely shared and I look forward to support in both Houses of the Oireachtas for speedy enactment of the proposals contained in the draft Bill.

I am referring the heads of the Bill to the Joint Committee on Justice and I look forward to hearing their views.

The strategy underpinning the draft legislation is one which tackles the increased visibility and availability of alcohol through retail outlets with off-licences, while tightening the conditions under which premises with on-licences qualify for special exemption orders permitting them to remain open beyond normal licensing hours.

I want now to outline briefly the mains provisions of the proposed Bill.

Sale of alcohol

One of the important concerns addressed in Dr Holmes’ Committee’s Report is the greatly increased visibility and availability of alcohol, especially in premises engaged in off-sales. In response, the draft Bill makes provision for the following:

- Off-sales of alcohol will be permitted only between the hours of 10.30 a.m. and 10.00 p.m. (12.30 p.m. to 10.00 p.m. on Sundays);
- Wine off-licences, which may be obtained at present directly from the Revenue Commissioners, will in future require a District Court certificate;
- The grounds on which an objection may be made to the granting of a District Court certificate for an off-licence will be extended to include   consideration of the needs of the neighbourhood and the adequacy of the existing number of off-licences in the area;
- In future, alcohol products must be displayed and sold in supermarkets, convenience stores, etc. in a specified area which is structurally separated  from the rest of the premises (where separation is not possible, alcohol products must be displayed and sold from behind a counter;
- Test purchasing of alcohol products will be introduced; this will apply to both on-licences and off-licences.

Extended Opening Hours

The draft Bill also addresses opening hours of on licensed premises. It proposes several reforms to existing licensing law provisions which permit the District Court to grant special exemption orders to nightclubs and late bars. These changes are intended to improve safety and combat public disorder and anti-social behaviour.

The principal changes are, firstly, a statutory requirement to have a CCTV system in place where special occasions to which the public are admitted are taking place and, secondly, a strengthening of the public order ground on which the Garda may object to the grant of an order or its duration. Moreover, the District Court shall not grant any such orders unless the premises concerned complies fully with fire safety standards.

In the case of licensed premises with theatre licences, I am proposing to address the anomaly whereby such premises may remain open beyond normal licensing hours without having to obtain special exemption orders. In future, the sale of alcohol under a theatre licence will be permitted only during normal licensing hours. Any alcohol sales after normal closing times will only be possible if the premises has applied for and obtained a special exemption order form the District Court. This change will remove an unfair advantage currently enjoyed by premises with theatre licences.

Public order

The draft Bill contains two important proposals designed to address the risk of public disorder: the first will permit a member of the Garda Síochána to seize any bottle or container which is in the possession of a person who appears to be under the age of 18 and which the Garda suspects, with reasonable cause, contains alcohol which is being consumed, or intended to be consumed, by a person under 18 years in a place other than a private residence. The second will permit the seizure of bottles and containers containing alcohol where there is a reasonable apprehension of public disorder and which may be used to require a person to leave the place concerned in a peaceable and orderly manner.  

Alcohol promotions and discount sales

There is widespread public concern about alcohol promotions and reduced price sales and discounts. The draft Bill provides for the making of detailed regulations to prohibit or restrict such practices, whether by individual licensees or any other person: for example, promotions organised centrally by supermarket multiples. Regulations may also be made which will prohibit events or activities which are intended or likely to encourage excessive consumption of alcohol.

As I have said, drafting of this Bill has already begun and with the support of the other parties which I believe is forthcoming; we can have this measure on the statute books before the summer.

But while this draft Bill addresses our immediate concerns, the Government Legislation Programme provides for publication of a comprehensive Sale of Alcohol Bill later this year. This larger Bill, at present in the course of being drafted, will modernise and streamline all the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated provisions.

Finally, as the Taoiseach has said, Government can only do so much.  There is a need for cultural change. We need to examine our relationship with alcohol as a nation. The way we drink is destroying the health of individuals, the lives of families and communities and it is costing innocent people their lives whether through violent attacks or deaths on our roads.

There is an issue of personal responsibility here: responsibility of individuals for our own drinking patterns and responsibility of parents for their children’s drinking.

Government can lead the way by sending out strong messages as this legislation and this Report does today. But cultural change is the responsibility of all of us.

Responsibility for changes in our attitude to alcohol rests with all of us individually.

Thank you for your attention.

23 April 2008