Dáil Éireann debate -
Wednesday, 16 Oct 2024

I move:

That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a further period of 6 months, beginning on the 1st day of December, 2024, and ending on the 31st day of May, 2025.

I am here to introduce the resolution on behalf of the Minister for Justice, Deputy McEntee, to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide the sale or supply of intoxicating liquor in outdoor seating areas. Deputies will be aware that the Act was introduced in July 2021. The provisions of the 2021 Act were in place until 30 November and have been further extended by resolution six times since then. Section 9(4) of the Act provides that the relevant provisions can be extended for up to six months at a time if a resolution approving their continuation has been passed by both Houses of the Oireachtas. On 8 October 2024, the Government agreed to the extension of the Act for a further six months. I am therefore bringing forward a proposal that the Act should continue in operation until 31 May 2025.

The measures provided for in the 2021 Act were put in place to facilitate licensed premises to provide outdoor seating in the context of the Covid-19 pandemic. The measures also allow An Garda Síochána to regulate and enforce these provisions in the course of its ordinary responsibilities in enforcing the licensing laws. Providing An Garda Síochána with the power to direct licence holders to comply with this legislation as it relates to outdoor seating areas facilitates the enforcement of the Act and is an important safeguard. It allows licensees in such premises to conduct business and to operate these outdoor seating areas. It is important to extend the operational period for another six months to give clarity to licensed premises, local authorities and An Garda Síochána.

On 30 April 2024, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, waived street furniture licence fees for tables and chairs associated with outdoor dining for the remainder of 2024. The important extension of the 2021 Act also clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. Under existing legislation, these premises have no remedy to amend their licences to include such areas.

The Government is also mindful of the need to support An Garda Síochána with regard to the enforcement of the licensing framework and to ensure that public safety is protected. At the heart of this policy is the principle that every community should have the supports it needs. The new community safety vision will be delivered through local community safety partnerships. Pilot partnerships have been running in Longford, Waterford and Dublin's north inner city. Each has published a local community safety plan. The partnerships bring together all service providers, including An Garda Síochána, the HSE, Tusla, the local authorities and others within the community to work together to prioritise and find solutions to local issues, particularly issues in respect of antisocial behaviour.

Budget 2025 provides a record allocation of more than €2.4 billion to An Garda Síochána, a 27% increase on 2020. A new Garda recruitment competition was launched on 15 January and closed for applications on 8 February. The response was strong, with 6,400 people applying to become members of An Garda Síochána.

Deputies will be aware that it is the intention of the Minister, Deputy McEntee, to bring to Government the heads of a Bill to provide for a number of priority matters, including the addressing of the provision of outdoor seating as part of the licensing process. In addition to the 2024 Bill, this will introduce provisions that will regularise the position with respect to outdoor seating areas on a permanent basis. However, it will not be possible to bring these provisions into operation prior to 30 November 2024. Accordingly, it is proposed to extend the operation of the Act for a further period of six months, until 31 May 2025. The Government considers it important to extend the outdoor dining provisions provided for in the Civil Law (Miscellaneous Provisions) Act 2021 to allow for ongoing certainty for all of those operating in the licensed trade, their patrons, local authorities and An Garda Síochána. It will be crucial that the needs of those who may be impacted by the harms caused by alcohol abuse or overconsumption, including members of An Garda Síochána and local residents, are taken into account when decisions are being taken with regard to licensing.

We are here today to deal with one element of our current licensing system that needs our attention, the extension of the outdoor seating provisions, which have proven popular with the industry, local businesses and patrons. I therefore commend the motion to the House.

There is a certain feeling of déjà vu about this particular resolution. The Minister of State has given the single recurring speech. The grounding Act followed on from Covid restrictions and was introduced in 2021. Since then, the Minister has come to the House six times to seek an extension. When this happened the last time, which was in May, a firm commitment was given that it would be the last time and that there would be comprehensive permanent legislation. The House has agreed on several occasions - six occasions now - to roll over these provisions because outdoor dining and drinking is a good idea. I know there was a certain scepticism as to whether our climate was suitable for such things but it is a normal part of the socialising scene in countries with similar climates to ours such as Belgium.

Many of our towns have been transformed. Like me, the Minister of State had the opportunity to visit Fleadh Cheoil na hÉireann in Wexford in August of this year. When I say there was outdoor dining, there were 650,000 people in the town of Wexford over that week so there was not a square inch where there was not dining. Whole streets were transformed into areas of dining, entertainment and so on. It was a glimpse of what could happen. Perhaps it could not happen on that scale everywhere but there should certainly be provision for it.

I have no reluctance at all in fully endorsing and supporting this motion. In any response the Minister of State might give, will he confirm that this is actually the last time and that, while the permanent grounding legislation will clearly not be commenced in the lifetime of this Dáil, the groundwork will be done to ensure it is done early in the next Dáil term so that the cycle of being told that this is the last time and that the Minister is minded to bring in permanent legislation to do something we all agree is necessary and right will not be permanently repeated?

I certainly hope it is the last time. It is somewhat out of my control. I suspect that, at this stage, it will be next government that finally brings in a Bill. The Government gave approval on 25 October 2022 to the general scheme of the alcohol Bill. This seeks to reform and replace the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008. The Minister intends to deliver on the commitments made in the programme for Government and the Justice Plan 2023. However, she would point out that this is a very large and complex area of legislation. She has indicated her intention to separate the sale of alcohol Bill into two Bills. She intends first to introduce the shorter intoxicating liquor Bill 2024, which will introduce a number of key reforms and modernisation. I certainly hear the Deputy. This continuation is really important. Fleadh Cheoil na hÉireann was an extraordinary success for County Wexford, for Wexford town and, as the Deputy has previously acknowledged, for all of those involved including the county council, the Civil Defence, An Garda Síochána, the National Ambulance Service and all of the volunteers who were involved in it. I will get in trouble now because I have certainly left somebody out.

Obviously, the mayor and the cathaoirleach were also involved. It was a great success and shows what can be done. It was an amazing event. I certainly hear the Deputy. I do not want to be in a situation where a Minister of State has to come here every six months to do exactly this. It needs to be finally resolved. I certainly hope that will happen in the very near future.

I appreciate that. I remind the House of a Private Members' Bill that an Teachta Cullinane and I moved at one stage, the Health (Parliamentary Oversight of Certain Instruments Relating to Covid-19) Bill 2021. This would have amended the Health Act 1947 and provided parliamentary oversight over regulations made by the Minister for Health. I am grateful to Dr. David Kenny of Trinity College who presented the idea to the Covid committee at the time, citing the law in New Zealand.

That Bill provided for time limits within which orders or resolutions under the Act would have to be confirmed by resolution of each House so that they can continue to have effect. Otherwise they would be annulled but without prejudice to any prosecution previously taken under the same regulations. That was an innovation that the OPLA introduced. That Bill proposed to enable either House of the Oireachtas by a resolution to annul such an order or regulations before the expiration of the time limit, again without prejudice to anything previously done. That is still my view and preferable to the way that things operate. I seem to be ad idem with what has previously been said. It would rebalance the power between the Executive and the Parliament, as the latter would have to be given time to scrutinise any regulations or orders.

However, having moved on from the pandemic, today's debate is about licensing for the hospitality industry. We were promised that measures on a standing basis would be introduced. That does not seem to be happening, although I hear what the Minister is saying. Anything relating to the sale of alcohol and licensing of same contains obvious knock-on effects across public policy. It is disappointing that the Bill has seen seemingly little consideration of views from the stakeholders. In reply to another parliamentary question that was submitted, the Department admitted that five separate meetings with lobbying bodies were held but only one with Alcohol Action Ireland. There is, of course, a balance to be struck between the benefits of the night-time economy and outdoor hospitality and the consequent costs of same, but the lack of legal certainty over the provisions is not acceptable.

On a related note, the number of deaths on our roads closely but not directly linked with the consumption of alcohol is worrying. We have seen the latest statistics showing that Ireland had the highest increase in road deaths of any EU country. Behind each and every one of these is a family and community in mourning. Ireland is only behind Iceland in respect of percentages.

I note the Minister of State was having a cosy discussion about Wexford town centre. I am tempted to talk about Tralee town centre, the courthouse there and the decision that has been taken because so much work has been completed in obtaining a site for the new courthouse that it seems the relevant bodies are reluctant to turn around now. The only money being given is for Hammond Lane and it seems all the money is being diverted towards the prisons. While that is, of course, a good thing, the absence of money means it seems the courthouse is unlikely to be built until at least 2027. It is time to look at the An Post site and refurbish it, as was done in Kilkenny, and keep the town centre as vibrant as possible, because we all know it is not enough to have people living in the town centre. You have to keep the services there. This might be my last chance to mention the need to refurbish Tralee courthouse in this term.