Timmy Dooley (Clare, Fianna Fail) | Oireachtas source

I thank the Minister of State for his comments. I wish to put in context the reason the Bill was published. Its purpose was to deal with the crisis at the time and to try to resolve a problem that was particularly acute. I thought, in light of what happened, that the Government would carry out a detailed analysis of the entire licensing regime for open-air events or events of that nature at large venues. It was my expectation that there would be a much more comprehensive framework for the issuing of licences. The Minister of State commented about meddling in planning matters and not wanting to go back to the past. We all recognise that. The facts of the matter are such that the licensing of such events cannot be confused with the poor planning decisions taken through political interference in the past.

I had expected that the Government would introduce proposals for complete separation of the issuing of licences for such events from the Planning and Development Act and would examine the possibility of controlling such events in a completely different manner. If that were to happen, there might be no need for my Bill. However, the Minister has allowed the issuing of licences to remain within the remit of the Planning and Development Act. He has not really changed the mechanism; he has only tinkered around with the dates. He is insisting on pre-consultation discussion meetings involving planners, venue owners and promoters before a concert can be advertised or tickets sold. The fact of the matter is that, during the planning for the Garth Brooks event, all of these things happened. The then county manager at Dublin City Council implied to the promoters and the venue owners that, in principle, the five concerts would get the go-ahead. Other things happened afterwards. There was involvement by local residents, and the decision to refuse permission was based on the facts available to the planners at the time. In my reading of what the Minister of State is suggesting, there is nothing there that would resolve the issues that surrounded the Garth Brooks concert if it were to happen again. There are few enough acts in the world that would require five nights in Croke Park, so this is an exceptional set of circumstances that does not raise its head too often. In my view, there is no mechanism to deal with such an eventuality.

I hope the Government will look seriously at addressing the entire licensing regime and consider the venue rather than the event. Deputy Brian Stanley mentioned the National Ploughing Championship and other such events. If an event that takes place somewhere in County Laois or Clare has an established capacity and the planners know the numbers attending and the structures, a licence should be granted for that particular style of event at that location in perpetuity. Certain metrics should be put on the event, including upper limits on the number of people who can attend and the number of such events in a year. That gives certainty to the residents, the venue owner and the promoter in trying to attract international acts. I gave Thomond Park and Nolan Park as examples. I am aware that Thomond Park and the Aviva stadium also have, as part of their general planning, the potential for three such events without recourse to the licensing regime, but they are allowed to apply for more on an ongoing basis. That is wrong. There should be a set limit on an annual basis so that the venue owner knows he cannot go back on that, the residents know that something will not be foisted upon them at a later stage and anybody seeking to attract an international event or act knows with certainty that Thomond Park, Nolan Park, Cusack Park in Ennis, or wherever, has particular dates available. That takes away the necessity for a risk-assessment-based approach which requires a caveat stating that tickets are being sold subject to licence. Even with the pre-consultation process mentioned by the Minister of State, promoters will still have to put a proviso at the end of the advertisement for whatever it might be, stating "Subject to licence." Up to four weeks before the event takes place that licence can be refused, which means disappointment. That does not happen with every event.

There was an extreme set of circumstances in the Garth Brooks case. It could happen again, and I have no doubt that it will unless the legislation is amended to provide certainty. What everybody wants is certainty for all concerned. With my colleagues, I intend to draft more comprehensive legislation to separate the entire licensing regime from the Planning and Development Act to allow venues to seek licences in perpetuity under certain conditions. Issuance of those licences will be subject to input from local authorities and residents. It will be a comprehensive approach to dealing with this important matter once and for all rather than the haphazard approach that applies currently. If that legislation is accepted, I will be prepared to work with the Department on it, in which case there is no need for the Bill I have proposed, which was to address the lack of an overall review in legislation. I wish to put on record that I and my party have no interest in going back to the planning practices of the past that saw people from quite a number of political parties involve themselves, wrongly, in the decision making process, or in any way undermining the whole notion of local democracy. Now and again there are exceptional circumstances that should allow the Minister, in a transparent manner, to intervene until such time as there is a comprehensive methodology for addressing the licensing regimes of venues throughout the country.

I thank the Minister of State for his comments and his approach to addressing the matter. I am disappointed that he will not accept the Bill, but I ask him to work with all sides of the House on a more comprehensive methodology for addressing this important matter so that not only those who attend events but the economy as a whole can benefit from Ireland's reputation as a destination that welcomes such events, whether it is the National Ploughing Championship, certain sporting events, concerts or large international acts of distinction.

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