James Browne (Wexford, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a period of 6 months, beginning on the 1st day of December, 2021 and ending on the 31st day of May, 2022.

I am here to introduce a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Deputies will be aware that section 9(4) of the Act provides that the Act, other than section 8 thereof, shall continue in operation until 30 November 2021 unless a resolution approving its continuation has been passed by both Houses of the Oireachtas before that date. That section outlines that the period of operation may be extended for such further period or periods, each not exceeding six months, as is specified in a resolution passed by each House of the Oireachtas. On 19 October 2021, the Government agreed the extension of the sunset clause for six months in light of the ongoing risk from the disease and uncertain future trajectory of Covid-19. Therefore, I am now bringing forward a proposal that the Act should continue in operation until 31 May 2022.

With restrictions on indoor dining over the past year, many licensed premises availed of outdoor spaces to provide facilities in line with public health advice. At various stages, these areas were the only part of the business able to have on-site trade. When this legislation was introduced, the use of these spaces gave people a welcome opportunity to meet friends and family safely, but also addressed an uncertainty in the law. The seasons may have changed and weather conditions are not as favourable as during the summer months, but we want to preserve the use of outdoor spaces for the period ahead. We want to allow for continued clarity of the licensing arrangement for these outdoor seating areas.

The Government is committed to supporting businesses in what has been and continues to be an unprecedented period of challenge for the hospitality sector. While businesses can now operate indoors, it is a responsible course of action for us to maintain these legislative provisions to ensure certainty for businesses continuing to operate outdoor seating areas. The public interest is also served in providing for the sale or supply of intoxicating liquor in outdoor seating areas to co-exist with public health advice on Covid-19, which continues to pose a manifest and grave risk to human life and public health. The extension of this Act facilitates the licensees of such premises to operate these outdoor seating areas in a manner that mitigates the spread of that disease. The continued need for clarity on these areas is very important and something I consider of value for licensees and communities alike.

By way of background, the Civil Law (Miscellaneous Provisions) Act 2021 was signed into law by the President on 2 July 2021 having been brought through these Houses. I thank the Members of this House who facilitated the speedy passage of the emergency legislation at that time. I thank them, too, for their co-operation today in discussing this resolution. The Act introduced changes in the law to allow for the sale and consumption of alcohol in relevant outdoor seating areas. It removed the uncertainty in respect of the lawful sale and consumption of alcohol in outdoor seating areas where those outdoor seating areas have been permitted by the local authorities on public land or where they are on private land abutting the licensed premises.

Confidence in the law and certainty was sought by businesses, local authorities and An Garda Síochána, and this Act ensured, and will continue to ensure, there is no uncertainty for all involved. The Act provides clarity to An Garda Síochána regarding its powers for public order purposes and ensures licensed premises owners understand their obligations to maintain order in public areas where they are selling alcohol.

The importance and benefits of the necessary introduction of this Act were obvious to all Members. The need for the Act was heightened during the summer months and the health measures that were in place at the time. Those measures continue to be in place.

It was an appropriate response to remove ambiguity in relation to the uncertainty that arises in the application of licensing matters to outdoor seating areas. However, it is important to extend the application of this Act in light of ongoing public health considerations and uncertainty on the trajectory of Covid-19. It is required so that further emergency measures are not required in the coming months to address the gap in licensing legislation in relation to outdoor seating areas. It is important to continue to give clarity to licensed premises, local authorities and An Garda Síochána.

I am conscious that this is a necessary temporary solution. As Deputies are aware, the programme for Government is committed to modernising alcohol licensing. My colleague, the Minister for Justice, Deputy McEntee, is leading on the delivery of this commitment. The Government gave its approval, on 15 September 2021, for the drafting of the General Scheme of the Sale of Alcohol Bill. Work on the consolidation and reform of the licensing laws is progressing. The complexity of the law in the area and the challenges of this matter demonstrate the real impetus for this reform. Officials within the Department of Justice are working on delivering this extensive codification project. These matters being addressed by the Civil Law (Miscellaneous Provisions) Act 2021 will be addressed, in that context, as part of the permanent solution in a more coherent licensing law.

I acknowledge that the public health restrictions that have been put in place since the outset of the pandemic have not been easy. The pandemic has had an impact on all of our lives. The co-operation of businesses with public health restrictions during this difficult time is because they understand that it is the most effective way to help keep us all safe. The past year has undoubtedly been most difficult for publicans and their staff. We are mindful of that in extending this legislation.

The matter before the House is relatively straightforward and pragmatic. I am simply proposing the continued, but time-limited, application of legislation that was scrutinised and passed by this House before the summer recess. The circumstances leading to the enactment of the legislation have not changed. The continued application of the Act facilitates a necessary approach to ensure clarity on the matter for the sector, local authorities and An Garda Síochána. In those circumstances, I commend the Resolution to the House. I thank the Members for their attention and look forward to hearing their observations on the matter.

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