James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Members of the House for their contributions on this Bill. I thank the Attorney General, the Office of the Parliamentary Counsel, OPC, the officials in the Department of Justice, the Minister for Justice, Deputy Humphreys, and the Minister of State, Deputy Naughton. It really has been a case of all hands on deck to try to get this legislation introduced as quickly as possible due to the importance of bringing clarity to this issue.

This important legislation comes at a sensitive time. We are seeking to remedy a situation where no current avenue exists to address the gap regarding liquor licensing for outdoor seating areas within the public realm. However, to ensure there is Government regulation and guidance for outdoor activities in the context of the Covid-19 pandemic, it is sensible to provide some clarity and assurances for licensees who are relying on private property immediately adjacent to their licensed premises to provide outdoor seating. This Bill achieves a balance in addressing the needs of the businesses, the Garda and the local authorities in having certainty in regularising this situation with this time-bound measure.

I previously outlined the main provisions of this Bill. It is clear that this will be an effective measure to address this matter for licensees for the period ahead. What is clear to us all is that it is important for the Government to deliver on its commitment to modernise alcohol legislation without delay. I am pleased that the Department of Justice is driving this long-needed reform. The complexity of the law in this area and the challenges associated with this matter demonstrate the real impetus for this change. We are determined to progress this legislation and we will work with this House to codify the licensing laws and to bring a more permanent solution to the issues arising in this legislation and those wider issues concerning the licensing laws.

Several Members raised the decision to increase the number of judges in the High Court. Significant delays have arisen in the courts system because of the impact of Covid-19, but delays in the system have also been ongoing for several years. Justice delayed is always justice denied. Therefore, we must create a situation where we can ensure there is a significant way to address the delays in our court system.There is a judicial planning working group in existence. Its aim is to identify, through an evidence-based process, how many High Court judges we need into the future and proposals around the planning courts and things around that area. These are needed. The permanency of them will centre around the needs, as identified, by the judicial planning network.

Section 8 is an urgently-needed measure which provides an opportunity to address the challenges facing the courts. It is important to note that, in creating an offence and in the application of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 to these outdoor seating areas, the overwhelming majority of licencees complied with the enforcement powers Act provisions and it is anticipated these provisions will similarly be adhered to with few exceptions.

However, the powers contained within this legislation are necessary for enforcement on those rare occasions the legislation is not being adhered to. It is also noted there is a sunset clause in place until 30 November and this House will have an opportunity to consider whether it is appropriate for this legislation to be renewed at that time. Of course, we hope all licensed premises will be able to return to indoor services as soon as possible, but in the meantime, the importance of this Bill is in evidence to us all.

Before going into law, I studied at the Dublin Institute of Technology, DIT, on Cathal Brugha Street, in the hotel and catering areas. I worked in hotels, pubs and restaurants for approximately 13 years of my life. I worked up-house, in kitchens, as a porter and in bars. I did everything and anything that could be done. I have a real understanding of the hospitality sector and the preparation and work which goes into getting a premises ready for opening. There has been serious mental and financial stress on our hospitality sector and I very much understand the stresses on it. No decisions are made lightly.

This urgent and practical Bill aims to provide certainty and clarity and provides some help to those pubs, both in urban and rural areas. I compliment Wexford County Council, An Garda Síochána and the businesses in Wexford, which have worked well together in resolving issues around the outdoor spaces. They all deserve compliments in that area. There is a specific challenge. I have dealt with a number of pubs in County Wexford that simply do not have those outdoor spaces. The county council and An Garda Síochána have worked with those businesses to provide car parking spaces on the street and allow those to be converted, where possible.

I understand the stresses on the owners, those who hold the licences and the staff. It has been a stressful situation. I hope this legislation can, in some way, help that situation and we can all get back inside those premises as soon as possible.