Willie O'Dea (Limerick East, Fianna Fail)

We have been under considerable pressure to do something far more radical than we are doing. The Senator has asked why I am taking the opportunity to make some changes. This is emergency legislation. We are considering introducing more comprehensive legislation next year. Even though it is emergency legislation, we are now incorporating the changes we can to make it more modern pending the introduction of the more comprehensive legislation next year. During the debate on this legislation various speakers in both Houses of the Oireachtas made the point that this section imposes somewhat onerous requirements particularly on those in Gaeltacht areas, or those in Tralee making a few bob by accommodating people overnight during the Rose of Tralee festival. We are trying to accommodate such people in the section. This amendment improves the Bill.

People are already obliged by law to keep a register of all those staying in guesthouses, hotels or other commercial accommodation. We are changing that slightly. The practice is to register everybody including nationals and non-nationals. Now we are saying that if it transpires that they have both nationals and non-nationals and they do not register the nationals — the local people — that will no longer be an offence. I will read into the record the note from the Department, which explains the provenance of the changes.

Amendment No. 19 distinguishes between lodging or accommodation being provided on a commercial basis, i.e. by a hotel or guesthouse on the one hand and that of the case of an individual sometimes perhaps an older person who would maintain a lodger and where, say, only a single room in the house would be in question. This is in order to ensure that section 10 of the Bill will not create too onerous a burden on the bean an tí in the Gaeltacht or the farmer who lets out a few rooms for the Rose of Tralee festival or the householder who keeps a lodger, but who cannot be said to be engaged on a commercial scale in the business of providing accommodation for gain.

Amendment No. 19 replaces subsection 5 of the section and redefines the classes ofpremises encompassed by the section to include the concept of engaging in the business of providing accommodation on a commercial basis.

Amendment No 20 ensures that the offence of failure to keep a register of non-national in accordance with section 10 will no longer be subject to arrest without warrant.