Conor Lenihan (Dublin South West, Fianna Fail)

——on extending the period within which opening can occur to 2.30 a.m. We cannot accede to that amendment.

We also have a problem with Senator Bacik's suggestion that we give a two-hour supplement to special exemption orders. Again, it goes back to the philosophical standpoint of this Bill. We are not in favour of extending hours generally.

When the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights submitted the report on which much of the Intoxicating Liquor Bill 2000 was based, it noted that Sunday was a day which, unlike the other weekend nights, precedes a day of work for most people. In the circumstances, the committee was inclined to recommend that no special exemption order be granted for Sunday night-Monday morning. The Government subsequently decided to permit such orders on Sunday nights but not beyond 1 a.m. on Monday morning. While I admit much has changed since 2000, I am not convinced the time has come to extend that deadline to 2.30 a.m. We know absenteeism from work is already a problem and my fear is that longer opening hours on Sunday night could add further to the problem.

Consultation with the social partners would be necessary before any such change could be contemplated. I am not referring here to employers' organisations only. The organisations representing those who already work long hours in the bar trade and wider entertainment sector would also need to be consulted.

Senator Bacik's other amendment is for an additional two-hour exemption to be added on to certain special exemption orders. In short, special exemption orders could be sought until 4.30 a.m. on weekdays and 3 a.m. on Sunday night-Monday morning. According to the amendment the court would grant this supplementary exemption on being satisfied the applicant had made a particular case. No detail or guidance is given on what might constitute a particular case. What factors would the court take into account? Would it apply to all the special occasions defined in subsection (1)? I cannot accept the amendments.

One of the problems with the theatre licence is that a coach and four has been driven through the whole concept of a theatre licence and because of the loophole accepted by the High Court, it ends up as an opportunity for everybody to open up later.