Catherine Noone (Fine Gael) | Oireachtas source

I congratulate Senator Lawless and other Senators for tabling this legislation. I welcome to the Gallery the former Senator, Imelda Henry, who did a lot of work in this area in the last Seanad. I was conflicted on this legislation. Part of me wishes we would leave licensed premises closed and take a national day to reflect on our toxic culture of alcohol but on reflection, I do not think if the pubs are open another day of the year it will make a blind bit of difference because there are much more deep rooted issues we need to sort out. Senator Ó Ríordáin spoke very eloquently about the effects of alcohol on our nation and I agree with every word. I have spoken in here numerous times on it. Ireland has developed considerably since the Intoxicating Liquor Act was passed into law in 1927, particularly with regard to economic and social aspects. Senator Lawless outlined this very well in his contribution. The tourism sector has grown significantly, making a greater contribution to the economy while the Irish population has become more diverse and less inclined to practice religion. For these reasons, the re-examination of the current Good Friday rules are merited. The Intoxicating Liquor (Amendment) Bill 2017, which proposes to permit the sale and supply of intoxicating liquor on Good Friday addresses these changes. Furthermore, this legislation will facilitate the continued growth of Ireland in terms of tourism, the economy and social diversity.

I support the Bill but there are a number of technical issues that I will address. The Intoxicating Liquor (Amendment) Bill 2017 proposes to amend section 2 of the Intoxicating Liquor Act 1927. This amendment will remove the restriction on the sale of intoxicating liquors on Good Friday. That is the objective of the Bill. Furthermore, amending section 2 of the Act would permit the sale of intoxicating liquor in off-licences and public houses. I concur with Senator Lawless's comments on this. The Licensing Act and Registration of Clubs (Ireland) Act make the regulatory environment considerably complex. This must be considered when debating the proposed Intoxicating Liquor (Amendment) Bill before us.

Notwithstanding my support for the Bill, as a result of these complexities there are a number of issues in the current proposed legislation that must be addressed. First, with regard to removing restrictions on sale during Good Friday, the licensing code is considerably complex. Passing this Bill without addressing the licensing code would create further inconsistencies and unfair trading conditions for certain premises. We should take these considerations into account with this legislation going forward. Second, the Bill proposes to permit the sale of intoxicating liquor in off-licences and public houses. However, it would remove the restriction in respect of restaurants operating under the Intoxicating Liquor Act 1988. Excluding restaurants from the provision of the Bill would, in part, defeat the purpose of the Bill, especially when it comes to tourism, which is to re-examine and update our current legislation to better match modern day Ireland in particular with regard to tourism and the economy. Moreover it will create unfair trading conditions. Additionally, it would potentially discriminate against the sale of intoxicating liquor in public houses which happen to operate as restaurants under a special restaurant licence. Furthermore, the details of the Bill with regard to hotels have yet to be clarified. This is an important aspect of the Bill. Hotels are obviously an integral part of our tourism sector and we need to produce legislation that will allow them to operate fairly and equally with other premises. Third, section 56 of the Intoxicating - I sound like I am intoxicated myself when I try to say that word - Liquor Act 1927 deals with prohibited hours in registered clubs which hold a certificate of registration from the District Court under the Registration of Clubs (Ireland) Act. In order to obtain registration, a club must incorporate requirements into its rules including a rule which provides that intoxicating liquor shall not be supplied to members or guests on Good Friday. In order to retain the current regulatory balance between registered clubs and licensed premises on Good Friday, an appropriate amendment to the Registration of Clubs (Ireland) Act will also be required. The Government has proposed, in its legislative programme, to bring forward a sale of alcohol Bill which would repeal all the statutory provisions currently set out in the Licensing Act and Registration of Clubs (Ireland) Act and replace them with updated provisions. Like the Intoxicating Liquor (Amendment) Bill before us, these updates will better match Ireland's contemporary social and economic environment.

I support the Bill, notwithstanding the issues I have outlined above. I despair at our relationship with alcohol but, having reflected on this issue, on balance I support premises being open on Good Friday. I commend Senator Lawless and other Senators for their work on this.