CHECK AGAINST DELIVERY

I am delighted that the Garda Commissioner is joining with me here this afternoon to launch Guidelines for implementing the test purchasing scheme to combat the sale and supply of alcohol products to under-18s. I made provision for this scheme in the Intoxicating Liquor Act 2008 and these Guidelines have been developed following a very useful consultation process with a view to ensuring that the welfare of the young people engaged in test purchasing operations under Garda supervision will be fully protected. 

 

The Guidelines have been drawn up in consultation with the Gardaí, the Department of Health and Children, the Office of the Minister for Children and the Office of Tobacco Control and I want to thank all of those who were involved in the process for their assistance and support. 

 

Our licensing laws already prohibit the sale and supply of alcohol products to under-18s, whether from premises with off-licences, including supermarkets, convenience stores and similar outlets, or those with on-licences such as public houses. These laws have been put in place in a democratic manner to protect young people from the risk - and all-too-prevalent reality - of alcohol-related harm. They reflect society's demand that young people must be protected as far as possible from the assorted ill-effects of alcohol consumption.

 

I am pleased to acknowledge that the majority of licensees are mindful of their statutory responsibilities and seek to ensure that their premises are operated in compliance with the licensing laws. However, there are undoubtedly licensees who, regrettably, for whatever reason, appear to be less rigorous in their commitment to upholding the law. The primary objective of the test purchasing scheme is, therefore, to enable the Gardai, whose task it is to enforce the licensing laws, to target those premises which are suspected of engaging in illegal sales to young people. The scheme will provide them with an additional instrument in their overall enforcement programme.

 

The scheme will operate in the following way: section 14 of the 2008 Act allows a member of the Gardaí in the course of his or her duty to send a young person who is 15, 16 or 17 years old into licensed premises for the purpose of that person purchasing an alcohol product. The parent or guardian must have consented in writing to the young person being sent into the premises for that purpose, and all reasonable steps must have been taken to avoid any harm to their welfare.

 

The Guidelines we are launching today detail the manner in which the welfare of the young person must be protected. Firstly, they incorporate the child protection standards set under the Children First Guidelines. They also outline the steps to be followed at all stages of the test purchasing operation. Training will be provided so that the young person is completely familiar and comfortable with the role they are undertaking. However, if a young person feels uncomfortable at any stage, they may withdraw from an operation. The Guidelines also require the Gardaí to carry out a risk assessment preparatory to and throughout test purchasing operations.

 

I want to stress that the objective of this scheme is to ascertain whether a licensee is complying with the law, not to trap an unwary licensee into committing an offence. The Guidelines require that a young person selected for test purchasing should be representative of their age group and not be made to look older than their age by means of their clothes or jewellery or by make-up. They must also answer any questions about their age truthfully, and not mislead or seek to mislead any person who questions them about their age. If an attempt to purchase alcohol fails, they must not coax or seek to persuade the licensee, or staff member, into making a sale to them.

 

I have arranged that the order giving effect to the test purchasing scheme will come into effect on 1 October 2010. Implementation will be a matter for the Gardaí and I will leave it to the Commissioner to explain how it is intended to roll out the scheme. What I can say is that the Guidelines will be kept under ongoing review and will be up-dated as necessary to take account of experience gained in implementing the scheme.

 

Finally, before handing over to the Garda Commissioner, I want to mention related measures which I intend to address in the forthcoming Sale of Alcohol Bill. As I mentioned, this test purchasing scheme requires that a person aged 15, 16 or 17 be sent into licensed premises to purchase alcohol products. In the future Bill, I want to address the issue of alcohol deliveries to under 18s in private residences which has been highlighted in recent media coverage.

 

As I have already announced on a previous occasion, I want to make it an explicit offence for a third party (i.e. courier or taxi) to deliver alcohol to an underage person. It is of course already an offence because such a person is aiding the commission of an offence by the licensee, but there is merit in making the offence, and the applicable sanctions, more explicit.

 

I want to consider the introduction of a parallel scheme of 'test deliveries' of alcohol which would cover both home deliveries to under 18s, and also deliveries to any person where payment is accepted on delivery (a 'distance' sale is lawful only if payment is made at the same time). Such a scheme would probably require direct parental or adult involvement in order to be effective because the Gardai cannot obviously be present on the doorstep to witness the delivery. This matter was not considered by the Government Alcohol Advisory Group in their 2008 Report. 

 

I will now hand over to the Garda Commissioner.

 

Thank you.