Conor Lenihan (Dublin South West, Fianna Fail)

There seems to be a textual confusion in this amendment. It is difficult to make sense of. It refers to the District Court exercising discretion in granting licences and the need to avoid closing a significant number of premises in a particular locality at the same time on the same day or days. In fact, the District Court does not grant licences. The key point here is that the timing issue is dealt with by legislation and the law, and the court then issues the licence. I will not accept this amendment because of its confusion. I suspect whoever drafted this had some confusion in his or her mind. He or she seems to have mixed the concepts of the District Court as a licensor and special exemption orders, which are a different phenomenon. I suspect this amendment seeks to look at the issue of special exemption orders but, unfortunately, the drafting of it refers to the District Court, implying the District Court has a discretion or power in this area which it does not. That is the only reason I do not accept it. Obviously, there is the broader philosophical issue we dealt with earlier.

As was mentioned by one of the speakers, we are not in favour of the staggered regime. To answer Senator O'Donovan's point, we are not convinced from the available international evidence from Scotland, New Zealand, Northern Ireland and elsewhere, that there is a material difference. There is no reduction in crime or anti-social behaviour. All that happens with staggered closing hours in the countries which most relate to our own experience of binge drinking and such phenomena is that the problem is just pushed on later into the night or early morning. There is no indication from the most approximate jurisdictions to our own that the existence of staggered hours solves the problem.

In philosophic terms I cannot accept the amendment, but I only reject it on the basis that it is textually confused on the operation of the District Court as a licence giver, but not an institution that sets the times of openings. There seems to be confusion between the special exemption orders issue and the competence of the District Court.