Michael McDowell (Dublin South East, Progressive Democrats)

——or water to children across the bar and can show there is no question of alcohol being in a position to be consumed on the premises — in other words that access to it is securely prevented — an offence is not committed. A distinction is drawn between section 1(5) and what is referred to in the preceding four subsections. This is based on the very simple proposition that the Attorney General and I had come to the view, as I have stated in public, that people did not commit an offence when the shutters were closed and I am intent on saving those people. In the future I am willing to concede Deputy English's broader and slightly more liberal approach.

Senator Henry asked about serving water. It is not a legal requirement on any night-club to have tap water available at all. However, I would imagine the Judiciary would take a very poor view of any night-club preventing access to running water. As Senators know, in the past it was seen as a partner in the consumption of ecstasy and the denial of access to it was regarded as having a serious health implication. Quite apart from that matter, there is the economic issue. I do not expect publicans to supply tap water over the counter for nothing. Decent publicans to their credit frequently do. We cannot say that as a matter of right anybody is entitled to enter licensed premises and ask for tap water for nothing.