Dáil debates

Wednesday, 15 June 2005

 

Liquor Licensing Laws: Motion (Resumed).

8:00 pm

Tim O'Malley (Limerick East, Progressive Democrats)

I apologise for the inability of the Minister for Justice, Equality and Law Reform, Deputy McDowell, to be present. He had intended to be in the House for the entire debate. It was scheduled in his diary but, unfortunately, due to the death of his mother-in-law, Mrs. Eilis Brennan, he cannot be present and he apologises.

I have listened carefully to the contributions of the Opposition Members during the debate and, having done so, I agree wholeheartedly with the Minister, Deputy McDowell, when he said that while some of the contributions were good, others appeared to be posturing. What comes across all too clearly is the unsavoury spectacle of vested interests masquerading as public interest and a sad attempt to use a serious problem confronting society as an opportunity for petty political point scoring. The public will not be fooled, however, by the opportunistic posturing of the Opposition. I have not heard many original ideas from the Opposition, nor have I detected evidence of such in the combined contributions of the comprehensive approach its Members supposedly favour. Instead, we have been treated to an incoherent mixture of concerns about the health of the public and the health of the pub trade.

Contrary to what Opposition parties and certain public health experts have said, the proposals for reform of the licensing laws being brought forward by the Minister and the Government take account of public concerns in seeking to reduce the extent of alcohol related harm in society. The proposed Bill contains numerous safeguards intended to combat alcohol related harm. The Bill will extend the jurisdiction of the District Court to all applications for retail licences and nightclub permits and will give specified notice to all parties, including the health authorities as well as members of the public, as well as the right to object in open court to the granting of such licences or permits. The Bill proposes to streamline the system for renewing licences and to classify the right of objection of the public to such renewal. Health authorities will be specifically mentioned as having the right to object to any renewal. This health authority role was recommended by the strategic task force on alcohol.

As the Minister stated last evening, the Bill will strengthen existing provisions designed to combat sales of alcohol to under age persons. For example, in future an applicant's knowledge of the licensing laws may be taken into account by the court in deciding whether to grant a certificate. This is the first time this has been done and is a welcome new initiative. In addition, all off-licences will be legally required to have written policies and control procedures. Again, this is an important innovative measure. Not having these procedures and policies will be an offence in law. The Bill will create a new offence of being in possession of a forged or altered Garda age card. A fine of up to €3,000 or up to 12 months' imprisonment will apply in the event of conviction for such an offence. Penalties are being increased to improve deterrence and promote compliance with this procedure.

I want to say something about the simplistic notion that has been advanced by some Opposition Members that restricting the number of outlets supplying alcohol somehow restricts its availability. This is demonstrably false. In its interim report of May 2002, the strategic task force on alcohol stated that between 1989 and 1999 alcohol consumption per capita in Ireland had increased by 41%. This happened despite the existence of restrictions on the availability of any new licences. We might ask how this has come about. The strategic task force supplied the answer when it stated that changed drinking patterns have been influenced by enormous changes in our society, changing lifestyles and expectations, more disposable income, the lessening of parental control and a very strong focus on consumerism. I broadly agreed with the task force's analysis.

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