Maurice Cummins (Fine Gael)

I welcome the Minister to the House. The problems which teenage discos faced arose from section 14 of the Intoxicating Liquor Act 2003, introduced by the Minister. Since the commencement of this section on 29 September 2003, teenage discos started to experience problems and many of them have closed. Since that date the Minister has been assuring everybody that no problem existed with teenage discos and that everything was fine. At the same time teenage discos were being raided by the Garda and closed down. The Minister continued to assure us that his interpretation was right and that everybody else was wrong.

Section 14 is clear. If a person under 18 years of age is in the bar of a licensed premises at any time, then an offence is committed. It makes no difference whether the bar is open or shut or the shutters are up or down, the section is very clear. It is beyond my comprehension how the Minister could assert that teenage discos would be unaffected.

The belief that section 14 would have serious implications was first expressed by my party colleague in 2003 when the Bill was debated. The Minister stated that had this been highlighted at the time he would have immediately amended it. However, it was highlighted and I quote from my colleague, Senator Feighan, who pleaded with the Minister saying "if this measure gets rid of the confirmation and communion discos, the Minister should reconsider." However, the Minister did not reconsider and has persisted to this day in stating that he is right and that this Bill is not needed. The Minister issued the following statement on 10 September 2004:

The Attorney General has this afternoon advised the Commissioner that section 14 of the Intoxicating Liquor Act 2003 does not prohibit children from attending alcohol-free functions in a portion of a premises in which the bar has been physically closed and shuttered and which is not being used for the sale of intoxicating liquor.

The Minister had previously sought and obtained legal advice on the matter and had informed the Garda that section 14 did not have the effect of rendering such premises unusable for alcohol-free entertainment of teenagers and children.

The Minister very much welcomes the Attorney General's advice on the matter and that the situation has now been clarified.

That was one month ago. The present situation is completely unprecedented. The Minister is now proposing a Bill he believes to be unnecessary. He is backed up by the Attorney General who believed it was not necessary. The Opposition welcomes the Bill with open arms, as we believe it to be necessary as Senator Feighan highlighted in the debate last year. If the Bill is not necessary, why are we debating it?

The Minister's statement of 10 September was a desperate attempt to clear up the mess he made in 2003. Nothing he or the Attorney General says can wipe out what is contained in the legislation in 2003. The legislation was clear and the Minister put the Garda in an impossible position having been presented with a law requiring it to close teenage discos. On the other hand the Minister was telling the Garda that its interpretation was wrong. It was not until Constance Cassidy confirmed she was preparing a challenge to the legislation that the Minister's bluff was called and he finally agreed he was wrong. Publicans acted in good faith on the basis of the Minister's assurances that teenage discos were permissible and now find themselves being prosecuted for allowing such discos. The whole situation is a complete and bizarre mess.

The Bill does not deal with another matter of considerable importance, namely the anomalous legal position whereby nightclubs have to operate under exemptions, extensions and theatre licences. It must be addressed now, rather than next year or the year after. The Minister should recognise that nightclubs are not pubs. For many years, they have been allowed to open only at the mercy of the courts, which can grant them extensions and exemptions. Some clubs have been operating under theatre licences. Following decisions taken by the Dublin licensing court, the courts and the Garda have been forced into the invidious position of having to determine justice policy. It is not good enough for the Minister to say that he will make the necessary changes in the codifying Intoxicating Liquor Bill. The Government promised in past legislative programmes that the codification Bill would be introduced. According to the most recent legislative schedule, the Bill will not be brought to the Houses until next year, at the earliest. This issue needs to be addressed with the same urgency as the Bill before the House today.

It would be remiss of me not to refer to the Minister's acceptance, in effect, of a Fine Gael amendment in the Dáil last week. The amendment proposed the relaxation during the summer months of the ban on children in public houses after a certain time. Children will now be allowed to stay in pubs until 10 p.m. during the summer months. The new provision, which is a victory for common sense, will enable holidaying families to enjoy meals and outings together during the summer months until a reasonable hour. The Fine Gael amendment represented a reasonable compromise that will facilitate holidaying families, vintners and hoteliers. I hope we will be able to look forward to an improved tourism season next year as a result.

As I said, the Fine Gael Senators will support this Bill, as amended. The Minister and the Attorney General said a month ago that the Bill was not necessary.