ROBERT E. CONNOLLY,
Madam, - I have been a practising solicitor in Ireland for the past two years after having practised law in the United States for the previous 25 years. In both jurisdictions I have acted for restaurants and public houses. In both countries alcohol abuse and underage drinking are serious concerns.
I fail to understand why in Ireland there are no penalties enforced against an under-age drinker and the onus is entirely on the tavern to enforce the law. In most American jurisdictions infractions like "underage in possession of alcohol," and/or "underage in a tavern" ensure that both the under-age offender and the tavern face legal and financial penalties. The risk to the public house owner in Ireland includes closure for several days - or indeed, loss of licence - while the under-age drinker is sent on his or her way. As a result, for the young person, getting into a public house is a bit of a game with no worry about consequences.
Young Irish people are bright, intelligent and sophisticated. They dress well and appear to be mature and it is difficult to distinguish between a 16-year-old and a 19- year-old, particularly if the person is a "made-up" female. Excellent passport forgeries and other false identification are certainly available. In addition, older brothers or sisters will often lend identification. If parents discover that their child was in a public house, they will frequently call the Garda Síochána and register a complaint againt the public house, which is then expected, one would suppose, to act in loco parentis.
Finally, the Equal Status Act has eliminated the element of discretion for the pub owners. Previously, a publican might institute an admissions policy allowing only "over-21s" or "over-23s", thus rendering the age issue moot. Under the new Act the public house owner has no choice but to admit young drinkers and hope they are at least 18.
If the Government is serious about this problem, I would recommend that it implement and enforce penalties against young people who have decided that drinking in a public house before they are of legal age is only a bit of craic with no serious risk. I suggest that publicans who have invested hundreds of thousands, or indeed millions, of euro are not amused by the game. - Yours, etc.,
ROBERT E. CONNOLLY, Dawson Street, Dublin 2.