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Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: Senator Quinn's amendment relates to the retail sector, or mixed trading houses, in particular. In that context, I do not believe the Minister intends to introduce some of the provisions in the Bill relating to that sector. There is scope to carry out a regulatory impact analysis. The Minister of State has made the case for me that that is the type of analysis which should be undertaken...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I move amendment No. 2a: In page 4, between lines 10 and 11, to insert the following: " "Court" means the District Court and in relation to any application to the Court means the District Court for the court area in which the premises to which the application relates is situated;". This amendment makes a technical definition of the word "Court". The amendment is designed to introduce and...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I do not accept the Minister of State's selective quote in regard to sequential closing times and its impact on public order. It is a self-evident proposition which cuts across any of the statements we have heard from the Garda Síochána on this issue. It is in contradiction to the practice of the Garda Síochána in co-operation with the nightclub in respect of sequential closing times....

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: So what?

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: That is why I have put down this proposal.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: The Minister of State's logic is that closing all late-night drinking establishments will curtail excessive drinking, anti-social behaviour and curb demand for alcohol. We have found in the past that this does not work. This is a killjoy Bill and I am disappointed the Minister of State continues to talk about the general problem without addressing the specific proposal being made here.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I move amendment No. 2b: In page 4, between lines 28 and 29, to insert the following: "(a) Section 12 of the Act of 2003;". This amendment relates to a section providing that there should be no entertainment during drinking-up time. The proposal is to include it as one of the sections to be deleted. It is a somewhat outdated provision and perhaps, as a tidying-up exercise, this can be...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I do not agree with the Minister of State and this is another killjoy provision. The Oireachtas should legislate. He has referred to how the Oireachtas cannot defer to any other body in respect of legislation and this issue should be examined on its merits. While I do not consider this provision to be warranted, I will not press the amendment.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I support the amendment for the same reasons. The problem lies with the rigid rule of closure at 2.30 a.m. or 1.30 a.m. on Sundays and this amendment seeks to address it. While the parameter of discretion ideally should be laid down in the Bill, the rigid rule creates a problem in this regard. I support the amendment, which pertains to the issue that Members have sought to impress on the...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I move amendment No. 4a: In page 5, before section 6, to insert the following new section: "6.—Section 4 (as amended by section 10 of the Act of 1960) of the Act of 1927 is amended: (a) in subsection (3), by the insertion of the words "Subject to subsection (11)" at the beginning of that subsection; (b) by the insertion of a new subsection (10A) as follows: "(10A) It shall not be lawful for...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I appreciate that the amendment was adopted in the context of the review in the Dáil.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I move amendment No. 4b: In page 5, before section 6, to insert the following new section: "6.—At the Court hearing in respect of any licensing application under the Licensing Acts 1833 to 2008, any Garda Officer, not below the rank of Sergeant, may appear and shall be heard in court in relation to such application, whether or not such application relates to premises within that Officer's...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: It is appropriate that it should be dealt with in this Bill. The fact is we are transferring further responsibilities to the District Court. I will press the amendment.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I move amendment No. 5a: In page 7, to delete lines 17 to 49 and in page 8, to delete lines 1 to 4 and substitute the following: "(a) not later than 6 months after section 8 of this Act is commenced, the Minister shall lay before each House appropriate regulations for the structural separation for the sale of intoxicating liquor, (b) such regulations shall be approved by each House and shall...

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I cannot express the matter better than Senator Bacik has done. The amendment makes perfect sense and it is evident what it intends to do. It is reasonable to address technical matters of this nature in the form of delegated legislation whereby the Minister would adopt regulations. That is the intention behind my amendment, which I do not propose to press.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: Amendment No. 7 suggests an exemption from the structural separation provisions in the case of premises at which specialist tobacco and alcohol products are sold. It is almost farcical that the structural separation provisions should apply to establishments of this nature.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: The amendment is clear and suggests that the structural separation provisions should not apply to premises that sell specialist tobacco and alcohol products. The introduction of a code of conduct is being examined. If the Minister of State will indicate that this matter could be considered in that context, I will not be inclined to press the amendment.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: The legislation should not be rushed.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: I support Senator Bacik's amendment. Amendment No. 8a has exactly the same effect and relates to early closing on Sunday night. That is another killjoy provision which is inappropriate. The point about sequential closing has been made before and the amendment is a very eloquent way to deal with the issue. I commend the amendment to the House.

Seanad: Intoxicating Liquor Bill 2008: Committee Stage (10 Jul 2008)

Eugene Regan: With regard to the Minister of State's comment, I do not presume, as he suggests, that it is inconsistent to go to church on Sunday and go for a drink late on Sunday night. I support the amendments. The Minister of State has given different reasons for rejection of amendments. Earlier, on Senator Quinn's amendment, he said it could not be adopted because it gives authority to another body....

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