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

Ivana Bacik: I move amendment No. 8: In page 10, lines 4 and 5, to delete paragraph (c) and substitute the following: "(c) by substituting the following subsection for subsection (5): "A special exemption order shall expire not earlier than 2.30 a.m. on any day of the week unless the Court, for stated reasons including reasons related to maintaining public order, considers it expedient to grant the order...

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

Ivana Bacik: That is not the point.

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

Ivana Bacik: I do not see the problem with opening later. I do not believe the Minister of State has made the case that the restriction of opening hours is a causal factor in alcohol abuse or in public disorder. Responding to his point about consulting the social partners in respect of any change, the provision unamended would change the current situation. The current situation is that persons who hold...

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

Ivana Bacik: Yes.

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

Ivana Bacik: I move amendment No. 9: In page 10, between lines 17 and 18, to insert the following: "(e) by inserting the following subsection after subsection (9): "(10) Where the Court is satisfied that a particular licensed premises has, on an application for a special exemption order, made a particular case for an additional extension of the time during which intoxicating liquor may be sold on that...

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

Ivana Bacik: I move amendment No. 10: In page 10, line 29, to delete "container;" and substitute the following: "container. All such containers must carry a clearly identifiable mark indicating the specific address and location of the point of purchase;". Senator Norris in proposing this amendment is seeking to ensure that containers or bottles of alcohol carry an identifiable mark which would indicate...

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

Ivana Bacik: I am grateful for the Minister of State's views and clarity on the matter.

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

Ivana Bacik: It is on the Order Paper.

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

Ivana Bacik: On a point of order, if I understood what Senator O'Donovan said, he believes that if there had been a problem it would have been voted down. If I heard him correctly it exposes the farce of this entire procedure.

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

Ivana Bacik: I have not tabled an amendment to section 19. My issue is with the thrust of the section as it stands. It is the section that aims to insert two new sections, sections 8A and 8B, into the Criminal Justice (Public Order) Act 1994. I am concerned about inserting new offences and new powers for the Garda into an Act that is already quite draconian in its content. While I have a concern about...

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

Ivana Bacik: On a point of order, I am looking at section 19 which creates new sections 8A and 8B, and I do not see the text to which the Minister of State refers.

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

Ivana Bacik: I refer to a different provision.

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

Ivana Bacik: I am not speaking of the Garda's power to enter homes. I did express a broad concern about civil liberties, but my more specific issue relates to a provision, which would be a new section 8A of the 1994 Act but which is in section 19 of the Bill, under Part 3, Amendment of Criminal Justice (Public Order) Act 1994, which is, the power to direct persons who are in possession of intoxicating...

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

Ivana Bacik: That is one of the new powers but there is also——

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

Ivana Bacik: I raised a valid point of concern in a constructive way, I hope, on a section of the Bill which the Leas-Chathaoirleach called, namely, section 19. This purports to insert a new section 8A into the Amendment of Criminal Justice (Public Order) Act 1994. This section would create an offence of failing to give an explanation to a garda. Will the Minister of State specifically address the...

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

Ivana Bacik: There is no section 48A, we are discussing Section 19 8A.

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

Ivana Bacik: The Minister of State has misinterpreted my remarks. Section 8A does not relate to underage persons. Section 19 8A(1)(a) states, "...a person is in a relevant place alone or accompanied by other persons..." which appears to apply to any person about whom a garda has a concern because such a person holds alcohol in a bottle or container and is causing annoyance or a nuisance to other...

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

Ivana Bacik: I am not sure the Minster of State is addressing the specific question I raised regarding section 19.

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

Ivana Bacik: We are passing into law a novel offence with very little debate. I am concerned by the Minister of State's response, as he stated this measure will allow the Garda to anticipate the commission of public order offences. We have a presumption of innocence under the Constitution, on which the criminal justice system is premised. It would be a matter of some concern if the Garda could arrest...

Seanad: Intoxicating Liquor Bill 2008: Report and Final Stages (10 Jul 2008)

Ivana Bacik: On what basis is Senator Regan's amendment being ruled out of order?

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