Ivana Bacik (Independent)

I do not see the problem with opening later. I do not believe the Minister of State has made the case that the restriction of opening hours is a causal factor in alcohol abuse or in public disorder. Responding to his point about consulting the social partners in respect of any change, the provision unamended would change the current situation. The current situation is that persons who hold a theatre licence can open until 2.30 a.m. on a Monday morning and that the provision in the Bill, as I understand it because it is complex and I hope I have not gotten it wrong, unamended would result in a change to restrict opening hours on a Sunday night-Monday morning to 1 a.m. It would bring theatre licence holders back to the position of pubs in the possession of special exemption orders. I hope somebody will correct me if I am wrong on that. If that is the case, then a change is proposed in the Bill. The Minister of State's points about the need to consult social partners, etc., are unmerited.

We are operating under a flawed system, that is, the special exemption order system. I would much prefer to see a more honest approach to licensing which allowed pubs to apply for late opening without the need to go through the motions of special exemptions and which allowed clubs to operate under a different nightclub licence, as Senator Regan has proposed. The current system smacks of paternalism. It would be open to the Minister of State to accept the amendments on nightclub licences which would resolve the problems he has expressed about the driving of a coach and four through the theatre licence. The theatre licence is fictional, as we have all said. All of us would be in favour of seeing something more honest and realistic in place to replace the current theatre licence.

I propose a stopgap to try to address the issue while we have a system of special exemptions in place and to allow the extension of special exemption orders at the discretion of the court, as proposed by amendment No. 9, or at the very least the more restrictive measure in amendment No. 8 to allow opening until 2.30 a.m. for any licensed premises with a special exemption order over seven nights per week and not only Monday to Saturday.

To suggest Sunday night is different discriminates against those who do not work Monday to Friday. I did not think there was a religious rationale. I had completely neglected that because, given that the current situation allows theatre licenceholders open later on Sunday nights, I do not believe there is a ground to suddenly raise a religious objection. The objection was raised because of Monday absenteeism but that can be addressed in other ways. The people who go out on Sunday night tend not to be those who work on Monday morning.