Seanad debates

Thursday, 10 July 2008

Intoxicating Liquor Bill 2008: Committee Stage

 

12:00 pm

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)

I will first address Senator Alex White's amendment No. 1. I understand the purpose of the amendment is to create a new collective citation for the Courts Acts, which would incorporate the Courts of Justice Acts and the Courts (Supplementary Provisions) Acts. Irrespective of the merits of having a new collective citation for all courts legislation on the lines proposed in the amendment, the Parliamentary Counsel has advised that this is not the legislation in which to make such a change. However, the Department of Justice, Equality and Law Reform has undertaken a joint project with the Law Reform Commission to codify the Courts Acts and I am sure this is one of the issues that will be addressed in that project.

While the amendments, including amendment No. 1, contain meritorious ideas, the Parliamentary Counsel has advised that it would not be appropriate to take a collective citation approach to the alcohol Acts in this legislation. However, the Department is engaged with the Law Reform Commission to do precisely what the Senator proposes by way of amendment. The Parliamentary Counsel differs with the Senator in taking the position that the Bill is not the appropriate place to make such an amendment.

While the spirit with which Senator Alex White has applied himself to the detail of the law in this area and the thrust of the amendment are absolutely correct, this is not the appropriate legislation for such an amendment. This is what I meant when I indicated that some of the amendments are fine and have a noble purpose. The Senator's amendment is a clever approach to addressing a legal matter, albeit not in the right place. This does not diminish his motivation or the purpose of the amendment.

On the broader issues raised by other Senators, one must distinguish between fine amendments such as that under discussion and other amendments that are clearly motivated by an industry that operates late at night and seeks to have the legislation changed. This industry has lobbied around the House in the past week or so and some Members may have been persuaded to table amendments in this House or the other House. The Government will legislate for the industry in the autumn in a comprehensive Bill.

The Government is not in agreement with the industry or specific amendments to be discussed later. While I do not wish to pre-empt those discussions, the Government does not wish to have later opening hours. I am rather surprised by Senator Bacik's assertion that restricting the hours of availability of alcohol has no effect on consumption given that definitive international evidence is available which shows consumption is affected by restrictions on the sale, supply, advertising and sponsorship of alcohol.

We have a unique opportunity to address this issue. It has been my experience over the years——

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