Dáil debates

Tuesday, 16 November 2021

Civil Law (Miscellaneous Provisions) Act 2021: Motion

 

5:20 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank Deputies for their contributions and the general support for the extension of these particular provisions. As we all know, these are extraordinary times. I do not need to say that to anybody here. With the extension of the Act until 31 May 2022, we are taking into account the fact that we are in an extraordinary time.

I appreciate that many Deputies have alluded to the fact that this is something that a lot of industries and those in this sector would like to see extended and something specifically within the various local councils will be considered. I have no doubt that many are doing their own reviews and are looking at how the measures have been applied. In response to Deputy Connolly's point, they are examining how to make things more accessible for people in the future.

This is, here and now, simply about extending the provisions that currently exist, making sure the time does not lag, there is not a drop and no issues arise for those who have availed of these measures in a very positive way. I can assure the House the Government does not take Covid decisions lightly. While we are asking businesses in the night-time economy to close a little bit earlier from today, I hope they can continue to trade successfully. This motion is another attempt to try to make sure they can do that.

We have often said that we do not want Covid restrictions to remain in place any longer than they have to. This is why we are putting a very clear deadline of 31 May 2022 in place. I hope we will not have to extend it any further and that something more permanent can be put in place.

It is absolutely the case that I want the night-time economy to operate as fully as possible, as soon as possible and in the safest way possible. The extension of the Civil Law (Miscellaneous Provisions) Act clarifies the position of licence holders who wish to sell and serve alcohol adjacent to licensed premises in an area approved by the local relevant authority. I appreciate that there was confusion and issues arose at the beginning of this process, in particular where one could consume alcohol within a certain distance from a licensed premises. Where there were four or five licensed premises next to each other, it became very difficult for members of An Garda Síochána and the premises concerned to enforce the law. That is why the legislation was introduced and it has worked very well to date. The Garda has worked extremely well with many premises.

They have had no remedy under the current legislation to amend their licences to include the area. In addition to ensuring maximum equity with business, it was considered prudent to provide that clarity and assurance for licences that were relying on private property immediately adjacent to the licensed premises to provide the outdoor seating areas. With the extension of this Act continued, certainty is provided for this period. It is clear that this measure addresses this matter for licences. It has worked effectively and will continue to do so for the period ahead, with the support of this House and the Seanad.

The Minister of State, Deputy James Browne, highlighted in his contribution that this is a temporary solution. As Members will be aware, the Government is committed to modernising alcohol licensing and I am committed to delivering on that. I appreciate that it is difficult to talk about what it might look like in the future, particularly in light of today's announcement. As we come through this pandemic, which I know we will, I want to ensure that we are planning for the future and that there is a full reform of the licensing laws to support the industry we are discussing. The Government gave its approval on 15 September for the drafting of the general scheme of the sale of alcohol Bill. Work on the consolidation and reform of the licensing laws is well under way. It is very complex law and it is a problem that has arisen here, as Deputies have outlined. It highlights the importance and urgency of this reform.

I want our nightclubs, promoters, disc jockeys, DJs, and all musicians to know that they enrich not just our nights but also our culture. That will be recognised in my reforms as well. We all know many people working in this sector. We hope that all licensed premises will continue to operate safely and effectively. This disease has once again shown just how quickly it can upend our expectations and assumptions. The importance of this Act is evident to all. With this resolution on outdoor seating areas we are supporting businesses, local authorities and An Garda Síochána. We are also ensuring that the public interest is best served by having the provisions of this Act available for the protection of public health.

On some of the points raised about new funding schemes, many of the structures that have been put in place already take account of the fact that irrespective of the fact that we had a mild summer and autumn, that is not always the case as we come into the winter. I accept Deputy Howlin's point about the slanted rain, which many European countries do not have and where it is cold but not wet. That is not the case for everyone if they do not have the relevant structures in place. Our response to Covid-19, particularly in providing funding, has never been found wanting, and that will be the case here. We will engage where there is a requirement or a request and examine that, hopefully favourably. Parking spaces is an issue that councils will have to examine, particularly as these measures are extended but also as they look to a more permanent type of arrangement for their local settings, towns and environs and take that into account. On those who have no access to outdoor spaces, this is something that needs to be reviewed, but perhaps is not as easy to put into this type of emergency legislation.

The Garda presence has been noted, particularly in the last week with Operation City. That has extended out into the other towns and cities outside the greater Dublin area. That outdoor presence of An Garda Síochána on boardwalks and the streets is even greater than it had been and it has provided reassurance to many people. That will continue well into the winter months and the new year.

I thank Deputies for their support of this extension. There are many other issues that we must continue to engage on, but for now it is extremely important for all publicans, who have shown a great degree of forbearance on this issue, that we provide this extra timeframe for them.

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