Brendan Ryan (Labour)

I am glad to hear the two Houses of the Oireachtas are at least consistent because it appears that different arms of the State cannot be consistent in their interpretations of legislation. Otherwise we would not be discussing this Bill.

The nub of my amendment No. 4 relates to the issue of the bar counter. Whether this amendment is relevant depends on how one interprets section 1(5), which states:

It shall be a defence for a person charged with an offence under section 33, 34 or 34A of the Act of 1988 to prove that at the time of the alleged offence intoxicating liquor was not being sold, supplied or consumed on the licensed premises concerned or, as the case may be, the part concerned of those premises and that any bar counter thereon was securely closed.

This section refers to a "bar counter" which is otherwise missing from the Bill. While I am not being critical, in the Dáil the Minister was somewhat ambiguous as to whether this subsection was a defence to be used for past offences or a possible defence in case somebody is prosecuted in a way we cannot currently envisage. After all none of us envisaged that this legislation would be necessary.