James Browne (Wexford, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann resolves that the period of operation of sections I 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 June 2022 and ending on the 30th day of November 2022.

I am here to introduce a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide for the sale or supply of intoxicating liquor in outdoor seating areas. Deputies will be aware the Act was introduced in July 2021. The provisions of the Act were in place until 30 November 2021 and were further extended in November 2021 until 31 May 2022, with the exception of section 8 which deals with the number of ordinary judges in the High Court.

Section 9(4) of the Act provides that the relevant provisions of the Act can be extended for up to six months at a time if a resolution approving its continuation has been passed by both Houses of the Oireachtas. On 17 May 2022, the Government agreed the extension of the Act for a further six months. The Government took this decision as the circumstances leading to the enactment of this legislation have not changed. There is an ongoing demand for the provisions which allow businesses to provide, with clarity and certainty in relation to the law, outdoor dining services. Therefore, I am now bringing forward a proposal that the Act should continue in operation until 30 November 2022.

Ireland's pubs, restaurants and nightclubs have been heavily impacted by the Covid-19 related restrictions of the past two years. I acknowledge that the necessary public health restrictions which were required as a result of the Covid-19 pandemic affected this industry significantly. In line with the improved health situation, Covid-19 restrictions have now lifted and the industry is on its way to returning to full capacity.

I realise, however, that many of these business are still struggling and it is important we give them the assistance they need to thrive as the busy summer season approaches. It is hoped that the continued provision of outdoor dining opportunities to customers will be of great benefit to the industry. The extension of this Act would facilitate the continued operation of outdoor seating areas, many of which have been introduced during the past two years. It would provide clarity for the pubs, bars and clubs in a position to provide an outdoor seating area to customers and members.

The Covid-19 pandemic saw businesses adapt rapidly and effectively to public health guidance during an unprecedented time. I thank everyone working in the industry for their collective efforts. The introduction of the Act addressed an uncertainty in the law for licensed premises offering an outdoor seating area to their customers. Many licensed premises availed of these outdoor spaces. The use of these spaces gave people the opportunity to socialise safely while adhering to public health guidance.

Summer is now here and, if we are lucky, it is to be hoped it will bring sunshine and fair weather. We can all look forward to enjoying time with our friends and family this summer in a very different context from that which we have experienced in recent years. We want to preserve the use of outdoor spaces by our hospitality industry for the summer period ahead. These outdoor spaces have boosted the appeal and attractiveness of our cities and towns. They have often injected a new energy and dynamism to local areas. They are not only of benefit to locals but are also very attractive to domestic and overseas visitors. Now that the tourism sector is returning to strength, we hope to be in a position to share our lively bars and restaurants with many new and returning visitors to our country.

The Government is committed to the continued support of businesses and will do what is necessary to show this support as businesses return to normal following what has been an unprecedented period of change. The outdoor dining provisions form one element of that support. We have all seen how well these outdoor areas have operated in co-operation with local communities and how they have enriched the night-time culture. It is also important to note that outdoor socialising continues to provide increased protection against the transmission of Covid-19 and, as we all strive to keep ourselves and our families protected from Covid-19, the option to sit outside while enjoying a meal or a drink is very welcome. These measures will help hospitality to return to normality, will help towns and cities around Ireland to thrive again, and will get people mixing and socialising in life-enhancing ways.

The need for the Act became apparent last summer, in conjunction with the health measures in place at that time. While the existing licensing laws were well understood in the context of serving alcohol within a premises, there was a need for clarity in the serving of alcohol in areas outside a premises. The Act was an appropriate and welcome response to remove the ambiguity that arose in the application of licensing matters to outdoor seating areas. Providing ongoing clarity to licensed premises, An Garda Síochána and local authorities as regards the current legal situation remains of the utmost importance.

The enforcement powers An Garda Síochána has relating to outdoor dining remain the same. An Garda Síochána will retain its current general power of direction in respect of compliance with the licensing Acts. It is important to note that the overwhelming majority of licensees have complied with these provisions relating to outdoor seating areas. A longer term solution in the broader licensing context is under preparation by officials in the Department of Justice, and the extension of these provisions is appropriate while a permanent solution is being prepared. As Deputies are aware, the programme for Government, as well as the justice plan, include a commitment to modernising alcohol licensing. This is a major priority for the Minister, Deputy McEntee, and she is committed to delivering this piece of work.

I reassure Deputies that officials in the Department of Justice are making plans for the future by providing a licensing framework fit for the dynamic and diverse society and economy we have become. The Government gave its approval, on 15 September 2021, for the drafting of the general scheme of the sale of alcohol bill. I am happy to say that work on the consolidation and reform of the licensing laws and the drafting of the general scheme is advancing well.

Obviously, this is an area on which there are many views across society, and the legislation that will be brought forward needs to be informed by careful consideration of those views and perspectives. Last November, the Minister launched a wide-ranging consultation to seek the views of the public on the modernisation of Ireland's licensing laws. The consultation, which ran until 21 January 2022, looked at how best to update the existing laws governing the sale and regulation of alcohol in Ireland. I am pleased to say there was a very high level of public engagement, with more than 5,000 responses received, which speaks to the importance of this issue and the strong views held by many. Officials in the Department are reviewing these responses and taking account of this engagement in developing the legislation.

In addition, on 10 March, the Minister hosted a consultation webinar on the reform of the alcohol licensing laws. It was great to be able to bring together some of the key stakeholders in the industry and provide an opportunity for further discussion of the issues of concern. It was a lively and informative discussion, and the matters raised will be taken into consideration in developing the proposed legislation. Deputies who wish to view a recording of the webinar may do so on the Departments' social media channels.

The complexity of the law relating to licensing provides a real impetus for reform. The matters being addressed by the extension of the Civil Law (Miscellaneous Provisions) Act 2021 will be included in that context as part of a permanent solution in a more coherent licensing system.

The matter before the House seeks to ensure the continued but time-limited application of legislation, which was scrutinised and passed by this House before the 2021 summer recess and extended in November 2021. The circumstances leading to the enactment of the legislation have not changed in that there is an ongoing need for legal clarity in relation to outdoor dining provisions while a longer term legislative solution is prepared. I commend the resolution to the House, I thank Deputies for their attention, and I look forward to hearing their observations on the matter.

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