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 further period of six months, beginning on the 1st day of June, 2023 and ending on the 30th day of November, 2023.

I am here to introduce a resolution on behalf of the Minister for Justice, Deputy Harris, 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 the sale or supply of intoxicating liquor in outdoor seating areas. Deputies will be aware that the Act was introduced in July 2021. The provisions of the Act were in place until 30 November 2021 and have since been extended on three occasions from 1 November 2021 until 31 May 2022, from June to November 2022, and from December 2022 to May 2023.

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 23 May 2023, the Government agreed the extension of the Act for a further six months. The Government took this decision in recognition of and in response to the ongoing demand for such facilities, which allow businesses to operate with clarity and certainty in relation to the law around outdoor dining services. The measures provided for in this Act were put in place to facilitate licensed premises to provide outdoor seating in the context of the Covid-19 pandemic. These measures also allow An Garda Síochána to regulate and enforce these provisions in the course of its ordinary responsibilities in enforcing licensing laws.

Although Covid-19 is less prevalent, it is considered to be in the public interest to provide for the sale or supply of intoxicating liquor, in certain circumstances, in seating areas located outside licensed premises. It is important to extend this operational period for another six months to give clarity to licensed premises, local authorities and An Garda Síochána. The increased availability and popularity of outdoor dining and socialising has been welcomed by many. Its innovation is reflective of the demand for more variety and choice in the ways in which we socialise, and in the types of venues and social spaces that are available. It is also clear that the increased use of outdoor dining has brought many benefits to our local businesses and, indeed, communities as a whole, including increasing the vibrancy of our town centres and further enhancing our tourism offering.

This important extension also clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. At present, these premises have no remedy to amend their licences to include that area, under existing legislation. While we are pleased that we are able to address these elements of licensing law through this specific initiative, it is clear the industry and society as a whole need a more comprehensive solution to the inefficiencies and complexities of the current framework. The reform of our liquor licensing laws is a priority for this Government. The general scheme of the sale of alcohol Bill will reform the licensing framework in its entirety to bring it up to the expectations of modern society. The intention of the Bill is not only to modernise our licensing laws but to ensure they better reflect the social, cultural and economic needs of our local communities and businesses.

The Government gave its approval, on 25 October 2022, to the general scheme of the sale of alcohol Bill. The general scheme contains proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing the licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008, with streamlined provisions more suited to modern conditions.

The relevant parts of the general scheme make provision for the amendment of references to licensed premises to include outdoor dining areas. It will include a definition of outdoor dining. Once enacted, the sale of alcohol Bill will remove the need for the renewal of these specific provisions. My Department is prioritising work on drafting the Bill with the aim of having it published in 2023.

It is also important to recognise that harms are caused by the over-consumption and abuse of alcohol. The validity of the concerns raised around these issues are recognised and accepted. Ireland has, for many decades, operated a restricted regime governing the sale of alcohol for these reasons. Given the known social and health effects of alcohol abuse and over-consumption, the sale of alcohol Bill will retain that restrictive approach. The sale of alcohol will continue to require a licence and engagement with a robust licensing process that ensures the necessary protections are in place for all and that standards are upheld by all licenceholders. I am confident that we can modernise and streamline the existing system while keeping public health, safety and public order to the fore.

Another supportive and welcomed measure for the industry is the fact that my colleague, the Minister, Deputy Darragh O’Brien, will waive the licence fees for outdoor dining in 2023. This will assist the hospitality sector again this year by reducing the cost of maintaining outdoor dining in public spaces. Similar to previous years there will also be no fee for awnings, canopies and heaters used in conjunction with the tables and chairs.

The Government is committed to taking action to tackle anti-social behaviour. For example, An Garda Síochána has been provided with the funding needed for additional tools and technology to fight crime in a digital era by introducing legislation to provide for body-worn cameras, improved community CCTV schemes and the expanded use of automatic number plate recognition, ANPR, software. There is ongoing support by the Government for An Garda Síochána, including the unprecedented €2.14 billion allocated under budget 2023. This level of funding will support the recruitment of up to 1,000 new Garda members and an additional 400 Garda staff in 2023 which will free up gardaí from administrative duties and allow them to do front-line work. Coupled with further reassignments of gardaí to operational front-line policing and the continued roll-out of the new operating model with its focus on community engagement, I am confident that An Garda Síochána will continue to protect communities and combat anti-social behaviour.

In summary, we are here today to deal with one element of our current licensing system that needs our attention, namely, the extension of the outdoor dining provisions which have proven to be popular with the industry, local businesses and patrons. The general scheme of the sale of alcohol Bill will aim to address all these issues. It will introduce a long-term solution to the arrangements with regard to outdoor dining and a wide-ranging framework for reform of the licensing process, which will make it easier to do business and contribute to the reinvigoration of our night-time economy while cutting down on administration and complexity and keeping public order and public safety at the forefront of our priorities.

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