Results 481-500 of 1,683 for speaker:Derek McDowell

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: The law, as applied by the sensible district justices, to whom the Minister referred, already applies the test. I ask that we make it explicit that the reasonableness and in-all-circumstances tests apply to "quarrelsome" behaviour. The Minister and I actually agree on this matter, but I urge him to do something about it at a later stage in this House or elsewhere. Amendment, by leave, withdrawn.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: The two amendments tabled by the Labour Party seek to make more or less the same provisions as those sought by the amendments of Senator O'Toole. They are phrased completely differently which is why I am not sure the effect of Senator O'Toole's amendments would be the one he intends. That is for the Minister and his officials to tell us.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I accept that they are related. They deal with the same issue, though they approach it from different angles. I am happy to have the amendments taken together. The Labour Party amendments seek to apply the reasonable steps mentioned in section 4(4) to all of section 4 rather than simply to section 4(1)(c). The problem arises from the definition of "drunken". While the Bill defines...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: Section 6 gives the power to the licensee or a member of the Garda Síochána to request somebody to leave. Is it clear that the licensee can or cannot delegate this power? In many of the very large pubs in Dublin the licence holder might not be on the premises at a given time. I presume the intention is that a senior member of staff will be entitled to ask somebody to leave.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I accept that it makes common sense. I brought up the matter because the Minister specifically covered the point in the previous section by including the words "or permit to be served".

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I assume the reference was intended to cover the question of staff.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I move amendment No.10: In page 8, subsection (3), line 35, to delete "(1) or (2)" and substitute "(2)".

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I do not intend to press it. Most of the offensive behaviour being covered in the Bill, and with which it is intended to grapple, is already an offence but this is creating a new offence of disorderly conduct and it strikes me that we are going further than we should be in that regard. Amendment, by leave, withdrawn.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I move amendment No. 11: In page 9, subsection (5), line 9 to delete "substantial". We are trying to lower the bar somewhat in this amendment. Subsection (5) specifically allows the licensee to refuse admission if he or she thinks there is a substantial risk that the person would engage in disorderly conduct. Effectively, somebody is being barred. This gives the licensee legal authority to...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: The real question is whether one regards the fact that a person has a previous conviction produces a risk or sufficient risk for him – it usually is a man – to be barred. It would not be unreasonable for a publican to take the view that if somebody had been convicted in court of disorderly behaviour there was a risk that he would do it again. I would not be inclined to say such a publican...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I do not intend to press it simply because the practice reflects what the Minister intends, with which we are all in agreement but I wanted to run it.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I move amendment No. 12: In page 9, subsection (2)(a), line 20, to delete "first" and substitute "second". These amendments are in the name of the Labour Party Senators. The Minister has anticipated the point in his last comments about penalties. The Bill creates several new offences, including serving drink to drunk people, permitting drunkenness and disorderly conduct and so on. It sets...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I am not convinced that the Minister has the balance right. Perhaps the power should be there for a District Justice to impose, at his or her discretion, a closure order for up to a week on a first offence. However, what I am quibbling with is the mandatory nature of the closure. It seems that it might, in some circumstances, deter the prosecution of offences in the first instance. There is...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I accept that. The amendment does not allow for discretion.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I wish to digress slightly. The word "drunkenness" is defined in a peculiar way in the Bill. Does one person being drunk constitute drunkenness? I take it that it does. It is possible that a conviction could be obtained, simply by virtue of one person being drunk and being served drink, and that a premises would have to be closed. That strikes me as excessive on a first offence, but I do not...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I am not sure whether God has much time for the Labour Party or vice versa, but that is not the point. Nobody could disagree with what the Minister said. He has painted a picture of orgies, drunkenness and violence involving witless 19 year olds being turfed out on to the street and causing damage to themselves and others. Nobody would stand over such behaviour. However, the Minister has...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I will withdraw the amendment. Amendment, by leave, withdrawn. Amendment No. 13 not moved.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I move amendment No. 14: In page 10, after line 43, to insert the following new subsection: "(14) A court exercising jurisdiction pursuant to this section may direct that the closure order shall commence on a date not later than 6 months from the date of the order of the court.". This amendment seeks to give the court more discretion than does the Bill regarding when the closure takes place....

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: I am not saying that at all.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Derek McDowell: It was not my intention to specifically provide for a softening, it was merely aimed at giving judges discretion. The Minister rightly points out that, even if one takes it as a one day closure, if the court decides to close the pub or supermarket on a Monday, it would have quite a different effect than if they decide to close it on a Saturday. It would be open to the District Court justice...