Seanad debates

Thursday, 25 November 2021

Civil Law (Miscellaneous Provisions) Act 2021: Motion

 

10:30 am

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

The Minister of State is welcome to the Chamber. I am not going to talk about vaccinations. I am going to talk about the piece of legislation that is before us here today. This legislation allows for the use of outdoor seating for venues with liquor licences. It was introduced in July 2021 to facilitate the outdoor-only dining and drinking recommendation from the National Public Health Emergency Team, NPHET. The legislation is set to lapse at the end of this month and the Government is seeking its extension. This legislation was instrumental in allowing vintners and publicans, as well as restaurant owners, the ability to make a living when indoor dining was put on hold. While outdoor dining may not be the most attractive prospect at this time of year, spring will roll around soon enough and there will be a gradual return to it as we enter the summer.

I wonder if people can remember the circumstances of this law. The messaging in the lead-up to the reopening at the time was that a full return to hospitality was going to occur. This was thrown into doubt about a week before the due date and, after a period of uncertainty when no one knew what was going on, NPHET ruled that outdoor-only was the way to go and this legislation was typed overnight to try to facilitate that. It seems like a long time ago but, in reality, it was all quite recent. Many issues with the Government's communication around that area were raised in the Lower House at the time. There needs to be clarity in order that people understand why decisions are made and what is happening. Last-minute changes of heart do not inspire confidence. Unfortunately, we are still in a situation where the advice is pertinent. I feel the ghost of a meaningful Christmas past may spook policymakers in the opposite direction to last year, lest consecutive January spikes are one too many.

This legislation is perhaps the least offensive of that brought in on the back of Covid-19. Whereas many laws brought through this House over the past two years have been restrictive in nature, confining people in a location or constraining them in their activity, this sticks out as legislation which actually provided certainty as to the legality of operating an outdoor premises. We might remember the Government proposed that the thing to do was to allow for drinking outdoors for months without checking to make sure it had the legislation in place. Here we are now and to enable pub and restaurant owners who wish to operate an outdoor premises to do so, I am happy to support the legislation.

I would like to see the statistics on the law so far. Do we have figures from An Garda Síochána with regard to the policing of this legislation, including prosecutions under section 3 or closure orders under section 4? We cannot fall into the habit of passing laws and forgetting about them. Constant assessment to inform revision must be present.

To be quite honest, I would support a much longer extension of this legislation. I think having an outdoor space available for publicans and restaurateurs is something we should look at installing for the long term. We should not take that space away from them once the pandemic is over.

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