SENATE SPEECHES
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19 June 2003
Intoxicating Liquor Bill 2003: Report and Final Stages

Dr. Henry: I move amendment No. 1:

In page 8, between lines 15 and 16, to insert the following:

"(4) The Court may, if it sees fit, refer a person convicted under subsection (3) for alcohol abuse assessment and with his or her agreement, treatment if required.".

This is the amendment I withdrew on Committee Stage. I still have concerns about a drunken person who has got his or her skull full. Given our reputation abroad, stag parties are advertised here because one can get so drunk. That is the culture. I would like those who are convicted to realise that paying a fine is not what society expects. Society expects more than this because not only did the person get drunk but he or she also probably has a serious problem.

The value of fines was explained very vividly by Senator Bohan who said that while publicans should be fined €10,000 or €20,000, the pub should not be closed down. For the person involved the same should apply. Where I would like to see the legislation take a stand is on the question that people in casualty departments should be encouraged to look at the fact that they may have a serious problem. What I have proposed in my amendment is pretty mild because one cannot force people to do much. I hope the Minister can accept it. Because the Bill will receive a great deal of publicity I would like to have it included to deal with those who, on occasion, are so seriously drunk that they are convicted for second and subsequent offences. I would be grateful if the Minister could accept it.

Dr. Henry: I am sorry the Minister cannot accept the amendment and I will certainly remind him because it is a most important issue. The unfortunate thing about this legislation is that it does not tackle the cause of what is a serious problem. I took seriously what Senator Mooney said about our corrosive culture. The Minister spoke about advertisements. There was, for example, the "Guinness is good for you" advertisement which depicted a man carrying a horse whereas now we have seductive advertising. I hope the notion of referral will not be pursued too far into the future and that an effort will be made to recommend it. Casualty departments try to insist that the people involved see someone about their problem. It would also be helpful if the District Court was enabled, under legislation, to refer people for help.

Amendment, by leave, withdrawn.

Bill received for final consideration.

Question proposed: "That the Bill do now pass."

Dr. Henry: I thank the Minister and his officials for the time and effort they have put into this Bill. I do not know how well it will work but we must try to make sure it does. Some sections will make a big impact, for example, those which provide for the ending of the happy hour and sponsorship within pubs and the decision to keep young teenagers out of pubs. These are important measures.

I have listened with horror to the tales of those who work in the alcohol unit of the Department of Health and Children. Until we manage to do something about the causes of excessive drinking, we will not have as much impact as we would like. I will keep at the Minister to try to get people to associate their drunkenness with the problem of alcohol abuse. Whether we want to describe alcoholism as a disease or a serious social problem, I do not mind. Whichever it is, we must try to tackle the issue as it is costing us a fortune.

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