OPINION:The new Liquor Act is an impressively swift response to a problem, but more is needed, writes Joe Barry
YOU CANNOT please all of the people all of the time. This is especially true of alcohol policy. The balance between personal responsibility and freedom and societal good needs to be struck and there are many conflicting interests.
There are also public order and public health impacts to be considered; the former are highly visible while the latter are often silent but no less important.
Addressing the public order aspects was on the mind of the then minister for justice Brian Lenihan when he established the Alcohol Advisory Group last January "to advise Government on certain matters relating to the sale and consumption of alcohol with a particular focus on the effect alcohol had on public order offences".
The group reported on March 31st, making 31 recommendations and the Minister signalled his intention to bring forward legislation in relation to a number of them by the summer, with further legislation to follow later.
Dermot Ahern, who has since replaced Brian Lenihan as Minister, kept the momentum going and the Intoxicating Liquor Act came into force this week as a result. By any standards this is an impressive process with evidence-based recommendations being produced in three months and ensuing legislation enacted within another four months.
To illustrate the urgency of the problem, the advisory group had referenced a number of statistics: an increase of 76 per cent in the rate of hospitalisation of intoxicated persons between 1997 and 2002 (the year alcohol consumption peaked in this country), an almost fourfold increase in criminal proceedings for abusive and threatening behaviour between 1996 and 2006 and an increase of almost 70 per cent in the number of off-licences and mixed trading premises authorised to sell the full range of alcohol products between 2001 and 2007.
The relationship between the easier availability of alcohol and public order offences is at the heart of the group's recommendations and the new legislation.
The new Act provides for changes in the hours for off-sales of alcohol, tougher public order provisions allowing the Garda to seize alcohol from minors, a court procedure to secure a new wine-only off-licence and new grounds for objection to the granting of an off-licence.
At the signing of the commencement order, Ahern said the Act "places restriction on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse".
The important question is, will these new measures make a difference?
Certainly, they are a step in the right direction. There has been a relentless increase in the sale of discounted alcohol, particularly in large supermarkets, in recent years. Section 9 of the new Act has a provision for the structural separation of alcohol from other products in these supermarkets and convenience stores.
Following lobbying by retailers, the Minister has agreed to a voluntary code, rather than making this provision mandatory. It would have been preferable if this part of the Act was started now.
Public drinking by large groups of people can be intimidating and for some time there have been recommendations that labelling of alcohol containers with details of the outlet of sale would help to lessen this phenomenon.
The advisory group made recommendations in relation to voluntary pilot projects in this regard and it is to be hoped that the Garda will pursue this.
Another recommendation is that the Garda Commissioner should appoint an officer in each Garda area with responsibility for monitoring and co-ordinating enforcement of the licensing laws and related initiatives. A valid criticism of the new Act is that a lot is expected of gardaí and it is difficult to see how, within their existing resources, they can do what is expected of them in it.
It transpired during the past six months that there is no single register of alcohol licence holders in the country. This would seem a minimum requirement if the Government wants to tackle alcohol availability.
There will be a chance to revisit this matter as the Government's legislation programme provides for the publication of a comprehensive Sale of Alcohol Bill later this year.
Two important principles were enunciated in the advisory group's report.
The first is that the specific properties of alcohol be recognised in public policy-making and that the consequences that flow from that recognition be taken into account in decision-making across the public policy spectrum.
Secondly, the group also recommended the development and implementation of an overall national strategy on alcohol in order to ensure a consistent and coherent approach to alcohol-related matters across government departments and other public bodies.
The Department of Transport has led the way in this regard and there are real benefits accruing already as a result of enactment and enforcement of drink-driving legislation.
The Department of Justice is laying out a legislative programme, of which the 2008 Intoxicating Liquor Act is the latest manifestation, with more legislation promised. There is potential for the Department of
Health to be more active on the legislative front.
The same department has been very active in relation to tobacco legislation and has got national and international praise for its approach.
The silent public health impacts of alcohol need to be prioritised now by our Government. Powerful interests will oppose effective measures.
However, the very significant numbers of Irish people who are experiencing health- related harms, either as a result of their own or other people's drinking, would very much welcome a more proactive legislative approach by the Department of Health and Children in order to lessen our alcohol-related problems.
Joe Barry is a professor in the department of public health and primary care in Trinity College Dublin