NEWTON'S OPTICThe vast majority of people will welcom Minister for Justice Dermot ahern's introduction of €100 on-the-spot fiens for public drunkeness.
However, the Republic is a rights-based democracy, so the vast majority of people have no rights in this matter. What actually matters is the Human Rights Act 2003, which grants anyone facing civil or criminal sanction the presumption of innocence and the right to a public hearing before an impartial tribunal. On-the-spot fines thus breach the Human Rights Act, as the Irish Human Rights Commission will point out shortly.
The Human Rights Act also forbids punishment for actions that are not an offence at the time of their commission. Because it is not an offence to drink, it is arguably not an offence to become drunk, as the obnoxious son of a barrister will point out loudly.
Public drunkenness is overwhelmingly a problem with the young. Under the Equal Status Act 2000 it is illegal to discriminate against anyone on the grounds of age. Targeted use of on-the-spot fines may thus breach the Equal Status Act, as the Equality Authority will point out shortly. If that doesn't fly, the Irish Human Rights Commission can wait until a garda fines a 15-year-old and then cite the UN Convention on the Rights of the Child. Certain diseases and medications can cause the appearance of drunkenness, which could lead to harassment of people with disabilities. Discrimination against people with disabilities and harassment in general are also outlawed by the Equal Status Act, as both the Equality Authority and the National Disability Authority will point out shortly.
Alcoholism is recognised as a medical condition by the Department of Health and each Health Service Executive area must treat it as a mental health service under the Health Act 2004. On-the-spot fines thus discriminate against the mentally ill, as the National Disability Authority will point out shortly.
Anyone receiving an on-the-spot fine for public drunkenness has one month to pay up before acquiring a criminal record. This discriminates against those who cannot afford the fine, as Cori and the Combat Poverty Agency will point out shortly.
The public will expect on-the-spot fines to be used against marauding gangs of aggressive young men. However, these are the very last people gardaí will take on, as a Garda Commissioner will not point out shortly.Thanks to human rights law, equality requirements, disability awareness, anti-poverty issues and the obnoxious sons of barristers, any garda coming across a drunk in public has only one option. Just Taser them.