Home > 153. Deputy Eoghan Murphy asked the Minister for Justice and Equality his plans to introduce powers for members of An Garda Síochána to enable them to confiscate alcohol from persons drinking in public. [18031/11]

[Oireachtas] 153. Deputy Eoghan Murphy asked the Minister for Justice and Equality his plans to introduce powers for members of An Garda Síochána to enable them to confiscate alcohol from persons drinking in public. [18031/11]. (30 Jun 2011)

URL: http://debates.oireachtas.ie/dail/2011/06/30/00135...


Minister for Justice and Equality (Deputy Alan Shatter): The position is that section 37A of the Intoxicating Liquor Act 1988, as inserted by section 14 of the Intoxicating Liquor Act 2008, contains detailed provisions permitting a member of the Garda Síochána to seize intoxicating liquor in the possession of a person under 18 years of age. This power may be exercised where the member believes with reasonable cause that intoxicating liquor in a bottle or other container has been, is being or is intended to be consumed by the person concerned in a place other than a private dwelling.

Moreover, section 8A of the Criminal Justice (Public Order) Act 1994, as inserted by section 19 of the Intoxicating Liquor Act 2008, provides that a member of the Garda Síochána may, in certain circumstances, seize and remove intoxicating liquor in a bottle or other container from a person. The circumstances in which this power may be exercised include those where the member believes with reasonable cause that the person concerned is acting in a place other than a private dwelling in a manner that gives rise to a reasonable apprehension for the safety of persons or property or for the maintenance of the public peace.

 

GD - Garda Powers
30 June 2011
Vol. 737 No. 2
Item Type:Dail Debates
Source:Oireachtas
Date:30 June 2011
EndNote:View
Subjects:A Substance use, abuse, and dependence > Substance related societal (social) problems > Public intoxication
B Substances > Alcohol
MM-MO Crime and law > Substance related offence > Alcohol offence
MM-MO Crime and law > Public order offence
MM-MO Crime and law > Substance use laws
MM-MO Crime and law > Justice system > Law enforcement agency > Police (Garda)
VA Geographic area > Europe > Ireland

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