Seanad debates

Tuesday, 27 May 2025

Civil Law (Miscellaneous Provisions) Act 2021: Motion

 

2:00 am

Photo of Sharon KeoganSharon Keogan (Independent)

I thank the Minister of State for coming in. I support the motion to extend outdoor dining yet again, but let me be clear. This is not how we should be legislating in a modern state. This Act, introduced during the pandemic, gave legal clarity to something that was already happening – people enjoying a pint or a glass of wine in an outdoor seating area. It was a lifeline for small businesses, particularly in hospitality, that were trying to survive under impossible conditions, and it worked. It brought life to our towns and villages, supported jobs and gave people a safe social space to gather.

However, here we are, four years later, still kicking the can down the road with a six-month extension. This is not sustainable. It creates uncertainty for small business owners who are trying to plan ahead, investing in outdoor infrastructure and hiring staff, and many are treading water as it is. These are the very people we claim to support, yet we leave them in limbo every few months.

The Government has had ample time to make this law permanent. In fact, the general scheme of the sale of alcohol Bill was published back in 2022, yet it still has not made it to the Statute Book. Why? What is the delay? Is it bureaucracy? In any case, it is not good enough. We cannot keep governing by temporary measures. It is lazy, short-sighted and damaging.

Small businesses need certainty. They need to know the rules will not change every six months. They need to know the investment they make today will still be valid tomorrow. Making the law permanent will send a clear message that we value our local businesses, that we support vibrant public spaces and that we trust people to enjoy a drink outdoors without the sky falling in.

Of course, there are many issues to be asked about in making this law permanent. There are questions of how they impact accessibility on public roads and pathways, especially for those with mobility issues, as highlighted by Senator Boyhan. There is a question of whether small businesses with no indoor seating will have adequate toilet facilities for their customers. We need to ask whether this will take away too much from public parking space. Ultimately, however, all these questions and issues are resolvable. What is more important is that we create a permanent law that will give businesses a sense of responsibility for these spaces and give them reason to invest in their long-term viability and maintenance.

I will be supporting the extension, but let this be the last one. I call on the Minister of State to stop dithering and to bring forward permanent legislation without further delay. Our communities, businesses and, frankly, this House deserve better.

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