The 2003 Intoxicating Liquor Act will be amended to allow under-18-year-olds attend alcohol-free events in licensed premises, because the Director of Public Prosecutions and the Minister for Justice differ on the meaning of the present Act, write Carol Coulter, Legal Affairs Correspondent & Mark Hennessy, Political Correspondent.
The short Intoxicating Liquor Bill, to be presented by the Minister for Justice, Equality and Law Reform, Mr McDowell, will be put through all stages of debate in the Dáil today. Under the legislation, under-18s will be allowed to be in a pub, or other type of licensed premises "when intoxicating liquor is not being sold, supplied or consumed".
Last August gardaí warned a number of licensed premises that they ran the risk of prosecution if they held under-age discos in their premises, even if the bar was closed. Old Wesley rugby club cancelled a planned post-Junior Cert teenage disco.
Mr McDowell then told the Garda Commissioner that, according to the Attorney General, the legislation did not prevent under-18year-olds attending such discos and he issued a statement to this effect.
In a subsequent radio interview Mr McDowell said: "The Garda Commissioner and I discussed the matter and we discussed the propriety of getting the Attorney General's view on the matter and I am glad to say that he, the AG, has advised today that I was correct at all stages."
But the DPP has confirmed he was taking a "case stated" to the High Court seeking clarification of the law, on the basis that he understood the 2003 Act to mean children could not be on a licensed premises after 9 p.m., even if the bar was closed. That case was initiated before the "clarification" issued by the Minister for Justice in August.
A further High Court action was also planned by a west of Ireland pub-owner, who had engaged the services of leading licensing lawyer Ms Constance Cassidy SC, to challenge the law.
These cases will become redundant if the law is changed.