It can surely not have been the intention of the Oireachtas to prohibit teenagers from dancing in an alcohol-free environment, even if on a licensed premises, when it passed the 2003 Intoxicating Liquor Act. Yet this is what the DPP believes the law, as presently drafted, states. The Act provides a very clear definition of a bar area, and it was in the light of this that gardaí initiated a number of prosecutions over the summer. The DPP is seeking clarification of the law from the High Court.
This action may be rendered redundant by an amendment to the Act through the 2004 Intoxicating Liquor Bill, which was introduced in the Dáil yesterday. It is intended to provide a clear statutory basis for the holding of alcohol-free events for persons under the age of 18 in a licensed premises.
Yet in August the Minister for Justice, who introduced this legislation, said there was no need for a change in the law, and that the Attorney General was clear it did not prohibit under-18s from attending such alcohol-free events.
Like the Minister for Justice and the Attorney General, the DPP is a highly experienced barrister. Before he took up his present post he served for many years at a senior level in the office of the Attorney General, where he was very familiar with the drafting of legislation. The very fact that he and the AG differ on this piece of legislation is, at the least, a criticism of its lack of clarity.
This particular piece of legislation has been the subject of much criticism, especially insofar as it relates to the presence of under-18s in licensed premises at night. The hotel industry in particular is concerned at the blanket ban on under-18s after 9 p.m., arguing that it prevents families enjoying an evening meal together. This, thankfully, is now to be changed to 10 p.m. in summer months.
The Government is rightly concerned at the abuse of alcohol among young people. But hasty legislation, which has later to be amended, is not the answer. Targeting young people who are not drinking, or those out with their parents for an evening meal, will do little to tackle under-age alcohol abuse. Much of this exists in parks and other venues away from any adult supervision. Implementing existing measures, including those enacted but not yet activated aimed at curtailing the sale of drink to young people by off-licences, would be more effective than poorly-drafted legislation.
None of this will work without providing young people with alternatives to hanging about with cans of beer and cider, or sachets of vodka. Alcohol-free discos are only part of it.