Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I thank the Deputies for their contributions over the course of the debate of this Bill and for the constructive engagement by the House to progress this matter as quickly as possible.

The measures in this Bill provide that a licensee may sell alcohol to persons in an outdoor seating area not within their licensed premises and provide for an increase in the number of judges in the High Court, which has become acutely urgent in the circumstances of Covid-19. This is important legislation at a sensitive time, intended to clarify the position of licenceholders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. These premises have no remedy to amend their licence to include that area under current legislation. To ensure maximum equity with businesses that seek to comply with the Government's guidance and regulations for outdoor activity in the Covid context, it was considered prudent to provide some clarity and assurances for licensees who rely on private property immediately adjacent to their licensed premises to provide outdoor seating areas.

The Minster, Deputy Humphreys, outlined the main provisions of the Bill previously in this House. It is clear this effective measure to address this matter for licensees for the period ahead is appropriate. Together with my colleague, the Minister, Deputy McEntee, I am committed to delivering the Government's commitment to modernise alcohol legislation. The complexity of the law in this area and the challenges of this matter demonstrate the real impetus for this reform. We look forward to producing legislation and working with the House to codify the licensing laws and to bring a more permanent solution to the situation that has arisen here.

It is important to note that the creation of an offence and the application of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 pertain to these outdoor seating areas. The overwhelming majority of licensees complied with the provisions of the enforcement powers Act and it is anticipated that the provisions in this Bill will be similarly adhered to with very few exceptions. The Bill also provides for objections to renewals. It outlines that failure to operate an outdoor area in accordance with the Acts shall be grounds for objection to the renewal of the licence or a certificate of registration in regard to clubs. This shall apply irrespective of whether, at the time of renewal, the licensee has ceased to operate the outdoor seating area. It is also noted that there is sunset clause in place until 30 November. The House will have an opportunity to consider whether it is appropriate for this legislation to be renewed at that time.

I will refer to some of the issues raised by Deputies in the House this evening. Regarding yesterday's decision, which I acknowledge was a very difficult one, the Government has always stated that when we reopen sections of the economy, we want them to stay open. We are working to ensure we can reopen indoor hospitality. That work is currently under way on foot of NPHET advice. A number of other issues were raised by Deputies in regard to the Bill. Deputy McNamara referred to private lands and the outdoor seating areas. In the Bill, "private lands" means land other than State land within the meaning of the State Property Act 1954.

It is important to note that the permissive inclusion of outdoor seating areas on private lands for the purpose of this Bill is subject to a number of conditions. These conditions are set out in the definition of "outdoor seating area". The definition applies to land which is not already the subject of a licence. The number of seated patrons who can be accommodated in the area must not exceed the number of patrons who may be accommodated in the licensed premises and the areas should contain sufficient seating to accommodate this number of patrons. In addition, this cannot contain any bar area across which intoxicating liquor can be served to the public. The sale or supply of intoxicating liquor by the licensee in this outdoor seating area should not be the primary purpose of the business.

With regard to outdoor recreational spaces, the Minister, in her other remit as Minister for Rural and Community Development, has provided a significant amount of funding to local authorities under the outdoor recreation scheme for the local authorities to invest in public realm facilities and infrastructure. It is also a commitment of the Government throughout the Covid-19 pandemic to ensure we can accommodate the public to enjoy an outdoor summer. This will have longer term benefits for towns and villages across the country.

Another issue raised which I wish to address related to the courts and the appointment of judges. As regards the propriety of the amendment to section 9 of the Courts and Courts Officers Act 1995 being progressed in section 8 of this Bill, it was originally intended to accommodate this provision in the forthcoming courts and civil law miscellaneous provisions Bill, but due to its urgency this Bill was viewed as an appropriate legislative opportunity given its urgency, which is also linked to Covid-19 matters. Despite measures taken by the Courts Service to meet the demands placed on it during the pandemic, including facilitating increased use of remote hearings, the courts and the Judiciary continue to face unprecedented challenges in respect of available resources, particularly in the High Court. The existing backlog and waiting times for hearings have increased since the beginning of the pandemic and it is anticipated that there will be a significant demand for access to the courts once public health restrictions have lifted. Furthermore, the difficulties facing the court have been exacerbated by the appointment of a number of judges to various State bodies and tribunals of investigation. Section 8 is urgently required. It provides an opportunity to address the challenges facing the court. It is crucial to address the significant volume of work before the courts and the workload. Most importantly, it is in the interest of the administration of justice to do so.

Why is it necessary to include this amendment in section 8 now? It is urgently needed because, as I said, it provides an opportunity to address the challenges facing the courts in the pandemic, including the increase in backlogs of cases, increasing waiting times and the anticipated demand on the courts and the Courts Service. Currently, the maximum permitted number of ordinary judges of the High Court is 37. In total, there are 40 serving judges on the court. However, one of these is the President of the High Court and two have been assigned to the Law Reform Commission and the Garda Síochána Ombudsman Commission, respectively. The last time the number was increased was in 2015. Of the 37 ordinary judges of the court, three are currently appointed to tribunals of investigation and to Judicial Council commitments and one has recently been nominated for appointment to the Court of Appeal. Arrangements are being made for this appointment by the President. In real terms, therefore, the number of judges available to sit in the High Court in the coming months will be reduced to 36, which is less than the maximum currently provided for in law.

Finally, I thank Deputies for their engagement on this Bill. I look forward to progressing the legislation through the House.

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