Michael McNamara (Clare, Independent) | Oireachtas source

I listened carefully to the Minister of State's reply. She is of course correct that the definitions provide a definition for an outdoor seating area in relation to a licensed premises. However, section 6 does not apply the Criminal Justice (Public Order) Act 1994 to outdoor seating areas in relation to a licensed premises. It extends that Act to just "an outdoor seating area". I think I was clear the first time but if not, is it the intention of the Minister of State that the Criminal Justice (Public Order) Act 1994 now applies to all outdoor seating areas on private land in this State, or is it her intention that this provision will apply only to outdoor seating areas in relation to a licensed premises?

I ask that because there is a world of a difference. Is a patio or someone's yard now to be subject to the Criminal Justice (Public Order) Act 1994? That is a simple question and I would like an answer to it. As I said, I agree with what I think the Minister of State means to introduce by this Bill, including the bits that are inappropriate for inclusion in this Bill but that I do not have a problem with per se. I do not agree, however, with the idea that somebody can be subject to the Criminal Justice (Public Order) Act 1994 within the curtilage of his or her own home. It is not entirely clear what the constitutional position would be in that regard, but I dare say there would be difficulties with it.

I do not think that is what the Minister of State intends to do. I see the Minister of State shaking her head and I also saw the Minister shake her head. I ask them to say that and do something about it, please. That is why we are here and why we have Committee Stage. It is why we bother to legislate. We do it to get rid of anomalies. Nobody is perfect and this is not meant as a criticism of the parliamentary draftsman. It was clearly drafted in a rush, but if there is an ambiguity, it should be removed before it becomes law. I am not even saying it must be done now. It should be done in the Seanad and the Bill brought back to this House, if that is what it takes. I ask the Minister of State to please address the point.

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