The Gazette 1991

GAZETTE

JU LY/AUGUST

1991

(7) The law has been changed to make it easier to prove that alcohol has been supplied to persons under 18 years of age. The Minister stated that the Gardai have found that most of the complaints relating to under-age drinking relate to parties held on private property. The Minister was assured by the Garda that alcohol was not readily supplied by licensees to persons under 18 years of age. However, no amount of legislative steps would totally over- come the problem of young people acquiring intoxicating liquor from other sources. The Minister stated that the problem of under-age drinking could not be solved by legislation alone. The social, cultural and economic factors in- volved in the problem of under-age drinking needed to be considered in a broad approach to the problem. The Garda were involved in organising and assisting local initiatives to deal with alcohol and other substance abuse. Mr. Burke informed the Dail that he was reluctant to introduce a scheme whereby young persons would carry an identity card. He believed local initiatives by concerned parents, teachers, the Garda Siochana and others interested in this matter were likely to be more successful than a scheme operated on a national level without local involvement and support. With regard to supermarkets, the Minister had under consideration the question of whether he should make an order concerning the sale of alcohol in supermarkets but he had to bear in mind that such an order would have severe reper- cussions, financial and otherwise, for supermarkets, large and small. He wanted to be sure that the other measures he had put in place to curb under-age drinking were working as effectively as possible before he made the order. LAWS ON BAIL Since the law relating to bail was strengthened in the Criminal Justice Act, 1984, by providing that a sentence of imprisonment for an offence committed by a person on bail must be consecutive on any sentence passed or about to be passed on a person for a previous crime, the number of offences com- mitted by persons on bail had shown a very significant decrease.

The Minister for Justice stated in reply to a parliamentary question on May 2, 1991 in the Dáil that in 1983 before the 1984 Act was passed, 8,295 offences were com- mitted by persons on bail. Last year the comparable figure was 2,494 offences. The Minister accepted that the commission of 2,494 offences by persons on bail was a matter of grave concern. The figures quoted did show however, that contrary to recent public statements, the situation was im- proving. In relation to an amend- ment to the Constitution, the Minister did not rule out a consti- tutional referendum in relation to bail. However, he was not prepared to make a commitment in that regard at present. The Minister was examining the question of how to speed up trials and take other measures so as not to have our jails overcrowded with people on remand. DRUNK DRIVING Arising from consultations bet- ween the Garda Authorities, the Director of Public Prosecutions and the officials in the Department of Justice, revised investigation and prosecution procedures have been put in place in the case of motorists involved in fatal accidents where drunk driving was suspected to be a factor. The Minister for Justice informed the Dail in reply to parliamentary question on May 2, 1991 that it would be inappropriate for him to disclose all the details of the revised procedures but he could confirm that they included the fol- lowing: all decisions on prosecu- tions arising from traffic accidents in which fatalities occur - except, of course, where there were no survivors - were now taken by the Director of Public Prosecutions; Garda instructions have been revised with a view to ensuring that, where warranted, successful prosecutions are mounted in such cases by the force; the Garda, again where warranted, now accompany the motorists in question to hospital with a view to ensuring that they are not seeking medical attention solely for the purpose of avoiding a prosecution for drunken driving; and in cases where it is not possible to make an arrest or to obtain a blood or urine sample, the Garda have been

instructed to make every effort to secure other relevant evidence in relation to alcohol consumption. Mr. Burke stated that circum- stances arose in the past where a person involved in an accident - conscious of being over the limit in relation to the consumption of alcohol - could lie at the side of his or her car and feign injury until the ambulance arrived and took them to hospital. Until November 1990 that could be done without a Garda presence but now if a Garda suspects an individual was over the limit, the Garda would accompany the person so feigning the injury to the hospital and from there secure a sample which could be used in a case at a later stage. COURT CONDITIONS The Minister for Justice told the Dail on May 2, 1991 in reply to parli- amentary question that those courthouses in Dublin City which were provided and maintained by the Office of Public Works were generally in good condition. A few courthouses in Dublin and all courthouses outside Dublin were the responsibility of local auth- orities. The Minister accepted that many of these courthouses were in a deplorable condition due mainly to the reluctance of local authorities over the years to spend money on them. It was partly for this reason that the Minister secured Government approval last year for a change in the method of financing these courthouses. In future, while local authorities would continue to be responsible for courthouses, the Department of Justice would recoup to them the full capital cost of approved major renovation schemes. The Department would also recoup some of the main- tenance costs. The Minister was satisfied that the new arrangement would, in the course of time, lead to significant improvements. DUBLIN BROTHELS There have been two convictions in relation to brothel keeping in the past seven years. The Minister for Justice informed the Dáil on May 2, 1991 that all complaints made to the Garda, or any information which comes to their attention relating to alleged brothel keeping were thoroughly investigated and

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