MINISTER FOR Justice Dermot Ahern has defended his decision not to consult the Ombudsman for Children Emily Logan when drafting a radical new scheme in which children will be sent into pubs by gardaí to buy alcohol.
In the face of strong criticism from Fine Gael, Mr Ahern said while he had the option of consulting Ms Logan on the plans, he was not legally obliged to do so.
Ms Logan is out of the country and was not contactable last night. However, an informed source confirmed she had not been consulted about the new alcohol test purchase scheme.
Under the plans unveiled this week, children aged 15 to 17 years will volunteer to go into licensed premises and try to buy alcohol to test if targeted licence holders are selling to minors.
The young people will volunteer to work with gardaí on the scheme and will be observed buying alcohol by an undercover garda. Any licence holder found selling to the teenagers faces closure for up to 30 days and substantial fines.
Fine Gael’s spokesman on justice Alan Shatter said Mr Ahern had behaved in a “misleading” fashion when he said he had addressed “all issues of concern surrounding the welfare and protection” of the young people to be sent on to licensed premises to make the alcohol test purchases.
“It [the lack of consultation] shows contemptuous disregard for the office of the children’s ombudsman and an utter failure to fully appreciate the difficulties participation in the scheme could cause for the young people,” Mr Shatter said.
The test purchase scheme was “the very type of Government initiative” on which the ombudsman could assist in fostering best practice procedures. However, in a statement, Mr Ahern said there was “no statutory obligation in legislation” requiring him consult with Ms Logan on the likely impact of new legislation on children.
“The legislation establishing the Ombudsman for Children allows the ombudsman, on his or her own initiative, to give advice to a minister on any matter relating to the rights and welfare of children,” the Minister’s statement said. “It is of course open to the ombudsman, therefore, to give any advice at any time on any such matters.”
He added the new test purchase scheme was in line with the recommendations of the Government Alcohol Advisory Group.
“During the drafting process, Garda representatives visited Liverpool to observe test purchasing on the ground and, in particular, the training given to young people involved in the test-purchasing operations,” Mr Ahern said.
When details of the test purchase plan were unveiled on Tuesday, Mr Shatter said they were fraught with danger for the young people involved.
He said gardaí overseeing the test purchases may be called away on urgent business, leaving the young person alone and vulnerable in an adult environment.
The young people could face an angry reaction from any licensee detected selling them alcohol. Mr Shatter said people could face bullying from their peers when news of their involvement emerged.