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

Michael McDowell: There are sharply divided opinions on this section, which I accept. Some have taken it as an implied criticism of the equality tribunal that this decision was made. I offer no such criticism. The tribunal is doing an excellent job but a licensed premises is not the same as Brown Thomas, for example. The decision to admit or not to admit is a matter of legal consequence and controlled by the...

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

Michael McDowell: I am not altering the ground rules. It will still be compensatable discriminatory behaviour to refuse entry for a prohibited reason. Furthermore, we are including a remedy in this provision whereby, in addition to paying compensation, if it is a gross case, the District Court can order closure to teach a lesson to someone who does not allow a black person into their pub on arbitrary grounds....

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

Michael McDowell: The happy hour provision is one we could manage by ourselves, but the fixed amounts and the promotions area are slightly more problematic. The Attorney General's office warned me that if I did something which potentially interfered with EU trade or the capacity to promote new products and so on, I would have to notify it to the Commission. I have no problem issuing such a notification, but,...

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

Michael McDowell: This amendment is designed to allow the Minister for Arts, Sports and Tourism to issue to the owner or owners of a designated national sporting arena, a certificate approving of a grant of a licence in respect of such an arena. The phrase "designated a national sporting arena" means a speaking note . I apologise, means a major arena or stadium—

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

Michael McDowell: This is what happens when I am out past my bedtime.

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

Michael McDowell: At present, some national sporting arenas are not properly provided for in respect of licensing. For example, Croke Park is not properly endowed with the capacity to have the sale of intoxicating liquor on its premises. It could try to bend the club rules in some way or establish a club. If it did so and then a convention, a meeting or whatever took place on the premises, the club rules are...

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

Michael McDowell: Croke Park is a registered club to which one is admitted as a guest. This situation could continue quite happily but if it was decided to hold events in the stadium that had nothing to do with the club or the playing of Gaelic games, as was the case in respect of a function associated with the EU Presidency, it would be over-stretching the rules to pretend that the club was having a function...

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

Michael McDowell: That is Revenue talk. Amendment to amendment agreed to, Amendment No. 25, as amended, agreed to. SECTION 21. Amendment No. 26 not moved. Question proposed: "That section 21 stand part of the Bill."

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

Michael McDowell: Yes. I met Senator Quinn on Friday afternoon when he was donating a horse to the Garda Síochána in Ballinteer and discussed this matter with him. The same issue that arose in relation to the transport of goods between countries applies to the European dimension to this also. I have a problem, perhaps, in relation to this. Again, I had to take the regulation route because I did not want to...

Seanad: Intoxicating Liquor Bill 2003: Report and Final Stages. (19 Jun 2003)

Michael McDowell: I have explained my thought processes in relation to this matter. I am sympathetic to what Senator Henry is attempting to achieve. I have already acted on foot of the amendment, through my officials, to see whether we can direct the District Court towards putting people in touch with counselling and treatment centres in these kinds of offences. I am not sure, however, that this should be done...

Seanad: Intoxicating Liquor Bill 2003: Report and Final Stages. (19 Jun 2003)

Michael McDowell: I thank Members for their kindness, good humour and generosity of spirit throughout the passage of this legislation. I thank the Cathaoirleach and officials of the Houses of the Oireachtas for facilitating the late sitting and all the efforts made to ensure the legislation was passed before the summer recess. It could have fallen casualty to the huge queue of legislation. It is important that...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Michael McDowell: I am very pleased to be in the Seanad this morning to discuss on Second Stage the provisions of the European Convention on Human Rights Bill 2001. As Senators may be aware, the proposals in the Bill arise from the Government's commitment in the 1998 Good Friday Agreement to bring forward measures to strengthen and underpin the constitutional protection of human rights in the State. The...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Michael McDowell: I say that not complacently but to make the point that the reason this is so is that we have a written Constitution and that ordinary citizens bring the Oireachtas and the Government to court, and beat them, on a regular basis by reference to the same rights, however stated in the Constitution. Four of the cases involved what might be broadly described as sexual and family themes. I can say...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Michael McDowell: This Bill, when it becomes law, will create a European Convention on Human Rights consciousness in our jurisprudence. It will be a rare case where the right to free speech or freedom of expression will be interpreted differently by the Supreme Court from a fair interpretation of the convention provisions. Where such cases arise, the individual will not have to go to Strasbourg to have the...

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: I thank the Cathaoirleach and Members for the opportunity to introduce this Bill at short notice. As the House is aware, publication of the Bill was approved by the Government yesterday. The fact that we are discussing it here today is an indication of the priority the Government and this House attaches to its subject matter. I thank to the members of the Joint Committee on Justice, Equality,...

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: When one is attacked from all sides, it reassures one that one is not at either extreme of the pendulum. Section 1 contains the Short Title, collective citations and construction and commencement provisions. It is my intention to phase in the implementation of the Bill because some people will have a moral entitlement to decent notice before it comes into operation. Section 2 contains...

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: He must have had a very long arm if he could have had half the Odyssey written on it.

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: You will have some religious publican with the calendar of saints' feast days.

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: If it is in a separate room, it is no problem.

Seanad: Intoxicating Liquor Bill 2003: Second Stage. (18 Jun 2003)

Michael McDowell: Only the bar is covered by this.

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