Paul Gavan (Sinn Fein) | Oireachtas source

It is nice to see the Minister of State, Deputy James Browne, who is welcome. Before I address the detail of this Bill, I extend to all of the workers affected by recent Government decisions, and particularly those workers in the catering and pubs sector, my party's support and solidarity in these difficult times. I thank them for their patience as they have had to manage so many false dawns when it has come to reopening their premises as well as the hardship they and their staff have experienced with many workers losing their livelihoods in recent months.

We were all surprised when it became clear that much of the work that was done by people around the country, who set up beer gardens and outdoor drinking areas for which in many cases they received grants from the State, was done in the absence of proper authority from the point of view that the terms of their licences did not cover it. Of course, when we spoke to people who would know this, particularly solicitors, and, indeed, many vintners, they were always suspicious and asked if they were really doing the right thing, yet we the Government proposed that this was the thing to do for months without checking and making sure the legislation was in place. It is late in coming but it is very welcome.

I have been contacted by numerous people who are involved in the hostelries, pubs, bars and restaurants and by members of the general public who are annoyed and frustrated. They cannot understand why we are different from everywhere else in Europe. There must be some clarity in this regard. This legislation has a solid legal basis but, as was heard from expert witnesses at the Joint Committee on Justice over the past year, the Government has often blurred the lines, whether deliberately or accidentally, between what are legal obligations and what is health advice.

Sinn Féin is broadly in support of this Bill. It is particularly important to be clear as to what constitutes an outdoor seating area and section 1 endeavours to do this. It specifies the seating must be on public land under licence or private land beside the premises and there must be no bar or counter within the seating area. Section 2 makes it clear there will be no drinks sold in the seating area. Of course, this is to ensure there is no so-called "takeaway pints" facility. The section also allows for the Garda to object to a licence being renewed if this section is not complied with.

I am concerned about the powers given to the Garda in section 3 to charge people with an offence. These people are: the licensee of the premises, the occupier of the premises; the manager of the premises; or any other person for the time being in charge of the premises. It seems a sweeping and indiscriminate power that could result in an injustice, especially in respect of staff who are workers and not owners of the premises. Its application must be judicious and prudent.

I also have concerns about the powers of entry into a private premises that section 6 grants to the Garda. Although this power is legally routed in the Criminal Justice and Public Order Act 1994, it seems to be an extensive power to grant in these circumstances.

Although the Government is late in bringing forward this legislation, and with my observations in mind, Sinn Féin will be supporting the Bill. We would also support the amendments tabled.