Proposed alcohol law changes 'do not adequately protect children' 

There are 'rather loose restrictions' placed on the ability of children to access pubs and off licences.

Proposed legislation aimed at modernising Ireland’s alcohol trade laws does not adequately protect children — and in some respects lower protections for minors, according to a new report.

Ollie Bartlett, assistant professor of law at Maynooth University, said that while the stated aim of the Alcohol Bill 2022 — to consolidate and simplify existing licensing laws — was to be welcomed there was “no meaningful consideration” in it regarding the rights of children.

In an analysis of the children’s rights impact, Mr Bartlett said alcohol licensing laws have historically developed in a fragmented manner with multiple overlapping pieces of legislation and that the 2022 bill aimed to address that.

“However, a legislative exercise of this magnitude should not miss other opportunities to improve the way in which other issues are treated,” he said. “Unfortunately, the Sale of Alcohol Bill 2022 misses the opportunity to amend Irish licensing laws so that it protects children’s rights.” 

He said: “To date, no meaningful consideration has been given in the various licensing laws to children’s rights such as the right to health, right to development, and right to leisure.

“If anything, the bill actually makes it harder for children to enjoy many of these rights.” 

He said the bill maintains the “rather loose restrictions” placed on the ability of children to access pubs and off licences.

He said the bill goes further and divides children into two categories: young people aged 15-18 and children aged under 15.

Under the bill, those aged 15-18 are allowed in a bar unaccompanied by their parents and children under 15 can be in a bar with their parents until 9pm and, if they are having a substantial meal, until closing time, including late openings.

'Misleading' statements

Mr Bartlett said that statements by the Government that the bill offers greater protections in online sales were “misleading” The only additional duty in the bill was that the delivery driver must check that the person is over 18.

But he said the person delivering does not check who the ultimate consumers of the alcohol are, nor any power to withhold handing over the alcohol if they believe the person they are delivering to is not over 18.

Mr Barlett said the bill preserves the existing duties on licence holders, which, he said, makes it too easy for them to either turn “a blind eye” to underage drinking or too difficult to do anything if they suspect it.

“Despite placing a specific obligation upon licensees to refuse alcohol sale to persons under 18, the bill does not place a strong duty of care towards children upon licensees," he said.

What's your view on this issue?

You can tell us here

Mr Bartlett’s report was commissioned and published by Alcohol Forum Ireland and the Irish Community Action on Alcohol Network.

Alcohol Forum Ireland chief executive Paula Leonard said it was the second in a series of independent analyses of the 2022 bill.

The first report, by global alcohol policy expert Professor Thomas Barbor, published last May, concluded that “it is highly likely that the bill could contribute to an upward trend in alcohol consumption and alcohol-related harm”.

Ms Leonard said they have discussed the bill with politicians, and that many of the politicians have raised their own concerns “including the lack of adequate garda resources to deal with the inevitable fallout should the bill be progressed in its current form”.

The report is being launched later this evening, which will be addressed by the President of the District Court, Justice Paul Kelly.

He is due to talk about the burden that alcohol currently places on the court and criminal justice systems in Ireland, including in the areas of child protection, sexual violence, interpersonal violence, assaults, and road traffic accidents.