Jim Walsh (Fianna Fail)

I mentioned this issue yesterday. I commend the Minister on what he is achieving with this necessary Bill, which addresses matters of public concern. I am concerned with the balance, given the responsibility of the licensee. The licensee has a responsibility but so has the individual. I am mindful of what Senator Bohan said and there have been situations of entrapment, particularly with the equality legislation, where people have availed of legislation to advance their own causes or finances. I am also conscious that the penalty is very severe in this instance.

The Minister pointed out that allowing judicial discretion in the matter means that in all probability the Probation Act will be applied but it might be reassuring if the first time a person is caught a financial penalty rather than closure might be applied – the latter option might impact on the business further down the line.

I also mentioned leaseholders yesterday. We have had some developments in this area of a leaseholder carrying full responsibility, though it would be the operator rather than the leaseholder in this instance. The Minister should look at this. If someone irresponsible offends, he or she is not managing their premises properly and will be caught again anyway. A genuine operator who is caught on a once-off basis could be closed down and the legislation should perhaps reflect a more lenient approach.