The Minister for Justice, Mr McDowell, has come under attack from representatives of the off-licence trade and from nightclub owners because of his intention to identify those outlets which sell drink to under-aged persons and to ban music and dancing in clubs during drinking-up time.
Details of the long-awaited Intoxicating Liquor Bill have yet to go to Cabinet and so the precise nature of the mark that will identify the point-of-sale of alcohol is not known. But the National Off-Licence Association insist such a scheme would be unworkable, because all products would have to be marked at source. Nightclub owners complain that the proposal could add to public disorder in crowded streets.
Illegal off-licence sales should have been tackled years ago. In fact, the last Intoxicating Liquor Act, introduced three years ago by Mr John O'Donoghue, contained a provision for identifying the sales point of alcohol. But, following intensive lobbying by the trade, a Ministerial Order to bring it into operation was never signed. Mr McDowell should ensure, on this occasion, that an effective mechanism to identify those unscrupulous traders who sell alcohol for consumption by young people should be put in place and enforced.
In many rural towns and villages, the local supermarket/off-licence is a key source of illegally-purchased alcohol. And while this may not be true in major urban centres, the rapid increase in the number of off-licences linked to convenience stores makes such outlets an obvious target for teenagers.
There is little point in focusing the full rigour of the law on publicans and licensed premises in combating under-aged drinking, if the role of the off-licence is ignored. Under the proposed legislation, pubs and licensed premises can be closed down if they supply drink illegally. And the Garda Síochána will be given new powers of enforcement. An even-handed approach requires the off-licence sector to shoulder its responsibility in tackling the scourge of alcohol abuse. The objection by nightclub owners to a ban on dancing and music during drinking-up time should be ignored. In other countries, such bans are common.
Mr McDowell has promised to enact this Bill before the summer recess. Only two weeks of Dáil debating time remain. And opposition is growing amongst a range of interests to the minister's proposal to transfer complaints of discrimination against pubs owners from the Equality Tribunal to the District Courts. The long-awaited legislation could well slip into the autumn.