Niall Collins (Limerick County, Fianna Fail)

I am here to introduce the resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide the sale or supply of intoxicating liquor in outdoor seating areas. Senators will be aware that the Act was introduced in July 2021. The provisions of the 2021 Act were in place until 30 November 2021, and have been further extended seven times by resolutions of each of the Houses of the Oireachtas, in November 2021, May 2022, November 2022, May 2023, November 2023, May 2024 and October 2024. On 8 May 2025 the Minister, Deputy Jim O'Callaghan, brought this motion before Dáil Éireann and it was agreed to renew these provisions for an additional six months until 30 November 2025.

Section 9(4) of the Act provides that the relevant provisions of the Act can be extended for up to six months at a time if a resolution approving its continuation has been passed by both Houses of the Oireachtas. On 6 May 2025 the Government agreed the extension of the Act for a further six months. The Government took this decision in recognition of and in response to the ongoing demand for such facilities to allow businesses to operate with clarity and certainty with regard to the law on outdoor dining services. Therefore, I am bringing forward a proposal that the Act should continue in operation until 30 November 2025. The measures provided for in the 2021 Act were put in place to facilitate licensed premises to provide outdoor seating in the context of the Covid-19 pandemic. These measures also allow An Garda Síochána to regulate and enforce these provisions in the course of its ordinary responsibilities enforcing licensing laws, providing An Garda Síochána with the power to direct licenceholders to comply with this legislation as it relates to outdoor seating areas, facilitates the enforcement of the Act and is an important safeguard.

The House will agree that it is essential An Garda Síochána continues to have clarity with regard to its powers for public order purposes, and equally that licensed premises owners understand their obligations to maintain order in outside public areas where they are selling alcohol. Although Covid-19 is less prevalent, it has not been eliminated. The Government considers it to be in the public interest to provide for the sale or supply of intoxicating liquor in certain circumstances in seating areas located outside licensed premises. It allows licensees of such premises to conduct business and operate in these outdoor seating areas. It is important to extend this operational period for a further six months to give clarity to licensed premises, local authorities and An Garda Síochána.

The increased availability and popularity of outdoor dining and socialising has been welcomed by many. Its innovation is reflective of the demand for more variety and choice in the ways in which we socialise and in the types of venues and social spaces that are available. It is also crucial to the viability of many businesses across our towns and cities. The extension of these provisions clarifies the position of licenceholders who wish to sell and serve alcohol adjacent to licensed premises in an area approved by the relevant local authority. At present, these premises have no remedy to extend their licence to include that area under existing legislation. Senators will be aware that the Minister secured Cabinet approval on 6 May to publish the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This Bill will include provisions to put outdoor seating on a permanent statutory footing and, going forward, will remove the need for continued renewal of these provisions by resolution every six months. However, it will not be possible to bring these provisions into operation prior to 31 May 2025.

The Government is also mindful of the need to support An Garda Síochána with regard to enforcement of the licensing framework and ensuring that public safety is protected. Accordingly, it is proposed to extend the operation of the Act for a further six months until 30 November 2025, to allow for the ongoing certainty of all those operating in the licensing trade, their patrons, local authorities and An Garda Síochána.

In summary, we are here to deal with one element of our current licensing system that needs our attention, namely, the extension of the outdoor seating provisions, which have proven to be popular with the industry, local businesses and patrons. I am pleased to confirm these provisions will be included in this year's Criminal Law and Civil Law (Miscellaneous Provisions) Bill. I commend the motion to the House.