Results 1,181-1,200 of 1,683 for speaker:Derek McDowell

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 Amendment, by leave, withdrawn.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...

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....