Michael McNamara (Clare, Independent) | Oireachtas source

In response to my question the Minister of State told me that an outdoor seating area is one that is on private lands abutting the premises. I know that. I can read. An outdoor seating area in relation to a licensed premises is defined in the definition. I do not need to be told what the definition is; I have read it. It is defined in the definition. I have no problem with the definition, unlike some Deputies. I also have no problem with the fact that they have problem with it. My problem is with section 6 which reads, "For the avoidance of doubt, an outdoor seating area on private land is a public place for the purposes of the Criminal Justice (Public Order) Act 1994".

Is that meant to be a reference to an outdoor seating area "in relation to a licensed premises"? Is it confined to an outdoor seating area "in relation to a licensed premises" or is it any "outdoor seating area on private land"?

I do not think that is what is intended but that is what the Bill does and it hugely increases the scope of the Criminal Justice (Public Order) Act 1994. If it is the Minister of State's intention to do that, he should say so and get the support of the House to vastly increase the scope of that Act. If it is not his intention to vastly increase the scope of the Criminal Justice (Public Order) Act 1994 and he merely seeks to increase its scope to outdoor seating areas "in relation to a licensed premises", he should clarify the position so that the law does not do that which he did not intend it to do and that this House did not intend it to do. It is one or the other so which is it? Is the Criminal Justice (Public Order) Act 1994 to apply to any outdoor seating area, which is very broad in scope, or is it just outdoor seating areas "in relation to a licensed premises"? That is defined as abutting a licensed premises, etc., as the Minister of State pointed out. Which is it?

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