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

Derek McDowell: It could fall on any day.

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

Derek McDowell: I do not think we are going to have a meeting of minds on this. I will not press it. Amendment, by leave, withdrawn. Section 9 agreed to. SECTION 10.

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

Derek McDowell: I move amendment No. 17: In page 11, before section 10 but in Part 3, to insert the following new section: 10.–It shall be lawful for a court which is considering an application for the grant or renewal of a licence to attach conditions requiring the putting in place of a system of closed circuit television monitoring in or outside the premises and conditions in relation to the operation of...

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

Derek McDowell: As the Minister has said he will consider this in the light of legislation coming next year I will not press the amendment. We did not intend that it would be mandatory but that the discretion would be there on an application for renewal of a licence. Amendment, by leave, withdrawn.

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

Derek McDowell: I move amendment No. 18: In page 11, before section 10 but in Part 3, to insert the following new section: 10. – With effect from a date prescribed by order of the Minister, it shall not be lawful to employ a child in an employment which primarily involves work in a licensed premises.". This relates more to the employment of children rather than being specifically relevant to licensing...

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

Derek McDowell: How early?

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

Derek McDowell: The primary intention of the amendment is to avoid the exploitation of young people and their being brought into an environment most of us would prefer they were not. The 1996 Act provides that young people should not work beyond 10 p.m. According to the code of practice which the Minister has kindly supplied me with, that has been extended to 11 p.m. in certain circumstances at weekends....

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

Derek McDowell: In the ideological disagreements that the Minister and I have occasionally had in the past, on more than one occasion I have accused him – I thought frivolously – of wanting to drive children back into working in the mines. At this late point in the evening, I discover that I was not all that far wrong. I agree with Senator Terry. We have an anomalous situation where it is not permitted...

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

Derek McDowell: I move amendment No. 19: In page 11, before section 10 but in Part 3, to insert the following new section: "Alcohol-related offences. 10.–(1) The Minister for the Environment and Local Government shall, within 2 months of the passing of this Act, propose regulations lowering the permissible level of alcohol in the blood for persons driving on a provisional licence to zero and for other...

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

Derek McDowell: While I tend to agree with Senator O'Toole's view, I will not rehearse the arguments. Am I correct in understanding from the section that the special exemption order runs to the times designated, be it 1 a.m. or 2.30 a.m., depending on the day, and that the only discretion of the local authority rests with the area to which they are to be applied? Am I correct in assuming that local...

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

Derek McDowell: I interpret it to mean that, for example, Dublin City Council could rule that the regime may apply in Temple Bar but not elsewhere.

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

Derek McDowell: I appreciate that but does it provide that the local authority can have discretion regarding closing times? It does not appear to.

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

Derek McDowell: I am not convinced.

Seanad: Military Neutrality: Motion. (25 Jun 2003)

Derek McDowell: It is useful that we are having the debate. It is something that we have been skirting around for many years. Fine Gael has done us some service in being perhaps more honest than they or others have been in the past in saying bluntly that they are in favour of ditching neutrality or what we have come to think of as neutrality. For the life of me, I do not really see any huge difference...

Seanad: Houses of the Oireachtas Commission Bill 2002: Second Stage. (26 Jun 2003)

Derek McDowell: I join others in welcoming the Minister of State. This is a good Bill, which I welcome. I listened with interest to Senator O'Toole's jaundiced approach to it. While I understand where he is coming from, if his fears were to be realised, he would have good cause for concern. The legislation reserves certain powers to the Minister and his officials which we hope will not be used that often....

Seanad: Houses of the Oireachtas Commission Bill 2002: Second Stage. (26 Jun 2003)

Derek McDowell: I hope that idea has not been dropped. Deputy Cullen, when he had responsibility for the Office of Public Works, was enthusiastic about it. It would open things up and create two fine public spaces which would enhance Leinster House and the adjoining streets. I urge the Minister to revisit that idea and bring it into play. This is largely an enabling Bill. It allows us the possibility to...

Seanad: Tribunal of Inquiry into Certain Planning Matters and Payments: Motion. (4 Jul 2003)

Derek McDowell: I join others in paying tribute to Judge Feargus Flood for his efforts over the last six years in the planning tribunal which bears his name. The tribunal broke new ground in the history of such tribunals, and Feargus Flood has, by and large, handled it adeptly and very ably. We should remember that in many cases he was dealing with witnesses who had very deep pockets and did not hesitate to...

Seanad: Order of Business. (7 Oct 2003)

Derek McDowell: I wish to raise the extraordinary decision of Iarnród Éireann announced today, which was clearly taken some time ago, to periodically close down the DART service at weekends for most of the next 18 months. The Leader will be familiar with this decision because she made similar announcements on at least a half dozen occasions during her tenure as Minister for Public Enterprise. It seems...

Seanad: Benchmarking: Motion. (8 Oct 2003)

Derek McDowell: I thank colleagues in Fine Gael for the opportunity to discuss this important issue. It merits discussion and we are having a lively debate. However, sadly, that is where the level of agreement on these benches must end.

Seanad: Benchmarking: Motion. (8 Oct 2003)

Derek McDowell: The Labour Party does not agree with the Fine Gael motion and we will support the Government amendment. I always come over a little funny when I utter those words and I take some consolation from the fact that I know it has a similarly disconcerting effect on the Minister. I suspect that whenever we get up to endorse what he has done, he knows he must have done something wrong along the way....

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