Seanad debates

Wednesday, 3 July 2024

Nithe i dtosach suíonna - Commencement Matters

Night-time Economy

10:30 am

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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The Minister of State is staying with us for the fourth Commencement matter. We really appreciate her time this morning.

Photo of Lynn RuaneLynn Ruane (Independent)
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The Minister of State is very welcome. I know this is in the realm of justice, but it also very much intersects with mental health and well-being.

Cultural and social activity at night in Ireland has been teetering on the precipice of extinction for the past two decades. Access to dance spaces in Ireland is at an all-time low. We have the earliest closing times in Europe and some of the most archaic licensing laws. The number of nightclubs in the country has dropped by more than 80%, from 522 in 2001 to an estimated 90 today, which is just 0.6% of liquor licence holders. The few remaining late-night venues in the country are confronting an existential crisis, desperate to keep their doors open. Late-night operators face many challenges including soaring operating costs, particularly rising insurance premiums. As campaigners, most notably the Give Us the Night campaign, have repeatedly highlighted in recent years, spaces to gather, socialise and dance after midnight are being eroded at an alarming rate, particularly since changes to licensing laws in 2008. People across the country, young and old, are utterly starved of places to socialise and deprived of meaningful connection.

The Government has recognised the need for reform to support a thriving night-time economy in our towns and cities, and has promised imminent legislative solutions to some of the problems faced by the industry throughout this Oireachtas. Despite feeling like we were moving in a positive direction, reform still evades our grasp. The Government first announced that drafting was under way to reform licensing laws in 2021. A public consultation followed in late 2021, receiving 5,000 responses. The general scheme of the sale of alcohol Bill was published in 2022 and the Bill underwent pre-legislative scrutiny in early 2023. Now, in 2024, we still await publication of the Bill.

The Minister stated recently that she would bring forward a separate Bill with targeted reforms addressing opening hours and the more archaic aspects of the laws. The Minister advised about this intoxicating liquor Bill. I would question the wording of the Bill and the joining of them together. It creates an unfair link when we think of intoxicating liquor because we are also talking about culture, togetherness, community and stuff like that. There is still no sign of that Bill being published in quarter 3. Extensive work has been done by the night-time economy task force, bringing together a wide range of stakeholders, including representatives from Government Departments and the Garda, over the past four years. There should be a solid foundation from which to advance this legislation now. Given that the reforms promised by the sale of alcohol Bill are modest - for example, they do not address the many barriers to entry for operators - it is concerning that even more modest reforms are being planned at this time.

Late night social and cultural spaces and the connections facilitated within them are needed more than ever. At the Irish Medical Organisation’s conference earlier this year, Professor Matthew Sadlier described the developing mental health crisis with regard to the impacts of social media use, particularly among young people. In the absence of social and cultural infrastructure, we are depriving young people of the opportunity to engage with one another offline, outside of phone screens and social media. It is hard to check your Instagram when you are having fun on the dancefloor. Speaking of dancefloors, as someone who made their way from Tallaght to town, I can say that the only other time we went from Tallaght to town in the 1990s was to Henry Street to get our Christmas clothes. That was until we were old enough to be able to engage in the nightlife, the rave scene and the dancefloors. Much like football, dancing is a great equaliser. It is an amazing way to break down barriers between classes, ethnicity and race. It was definitely one of the biggest eye openers for me as a young person coming from Tallaght to be surrounded by different people at different times. We are losing that connection with each other. We see this in the rise of awful attacks on people who do not look like us or sound like us and on those from the LGBTQ+ community. A dancefloor is always a great place to be able to bring people together and to avoid what we have seen in recent years.

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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I thank Senator Ruane for raising this important matter and giving me the opportunity to provide clarity on some of the issues involved on behalf of the Minister for Justice, who is attending a Private Members' debate in the Dáil.

I would like to respond to Senator Ruane's very important comments on trying to get young people off their phones and out into the fresh air, whether on the sports field or dancing. There are no barriers there, and it does not matter what people look like or who they look like once they are enjoying themselves. It is so good for their emotional well-being. At a time of misinformation and disinformation and of great challenges in the context of mental health, addiction issues and dual diagnosis, there are many issues for young people. Leaving it all off and letting it all out is very good for people. I agree wholeheartedly. We saw the joy and emotion for the Pride parade in Dublin at the weekend and at other parades throughout the country. The way people are able to be themselves is so important.

The current system is based on a patchwork of 100 laws, some of which are more than 200 years old and two thirds of which predate the foundation of the State 100 years ago. The general scheme of the sale of alcohol Bill intends to modernise our existing licensing laws in line with the expectations and needs of today's society, and to encourage the development of a modern and diverse night-time economy. Given the known social and health effects associated with misuse of alcohol, Ireland has, for many decades, operated a restrictive regime for licensing, as Senator Ruane said. The general scheme of the Bill retains this approach and will ensure that the sale of alcohol remains closely regulated.

In developing the general scheme, the Department of Justice has engaged in an extensive consultation process with representative bodies in the licensed trade, businesses, public health bodies and advocacy groups, consumers and communities in respect of it. A public consultation, including an online survey and a request for submissions, ran from November 2021 until January 2022. More than 5,000 responses were received. In addition, a webinar and panel discussion event was held in March 2022. The consultation process demonstrated that there is a strong demand for reform and modernisation of the law in this area and this is the nub of Senator Ruane's question.

The Minister intends to separate the sale of alcohol Bill into two Bills and intends to introduce the intoxicating liquor Bill 2024. Senator Ruane is aware that, whether in the Dáil or the Seanad, there will be an opportunity to table amendments. I understand where Senator Ruane is coming from in saying that the words "intoxicating liquor" are old. This will be a shorter Bill to introduce a number of key reforms contained in the sale of alcohol Bill 2022 to modernise our licensing system, including the standardisation of opening hours for pubs and off-licences, the introduction of an annual late bar permit and an annual nightclub permit and the inclusion of new grounds of objection in line with Zero Tolerance - Third National Strategy to Tackle Domestic, Sexual and Gender-Based Violence. The Bill will also strengthen the powers of An Garda Síochána to ensure that public safety and order are maintained, provide for licensing applications, which are currently heard in the Circuit Court, being heard in the District Court, and will include a provision for outdoor seating, which became very popular during Covid. The terms of the Bill are being finalised with the Office of the Attorney General. Work will continue to progress on the other provisions in the general scheme of the sale of alcohol Bill 2022 to modernise our liquor licensing laws thereafter.

Photo of Lynn RuaneLynn Ruane (Independent)
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What is the nature of the delays? We are moving very quickly through this year and approaching the end of the lifetime of the Government. Are there specifics as to why the delays have occurred. Is there a timeline whereby we can see this progress?

Public health and addiction are extremely important. I would like to draw attention to a bottleneck in the context of the time when people go out. Some people are night-time individuals. If they had the option to go out at 11 p.m. and return at 6 a.m., they would do so. What happens is that all types of people are structured into one idea of going out at 8 p.m. with everything then closing at the same time. This creates the environment where people drink more at last orders and are rushing. Everyone is trying to get taxis or public transport at the same time because everyone operates within this one timeframe, and this one way to do nightlife. Extending the opening hours would create different ways for people to enjoy nightlife, which would reduce the chaotic way Dublin looks between 11 p.m. and 12.30 a.m. It might be a positive public health measure to have later opening hours.

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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All of Senator Ruane's comments will be brought to the attention of the Minister and her officials. One of the facets of the new Bill is the standardisation of opening hours for pubs and off-licences . The introduction of annual late permits and annual nightclub permits will be very important in large cities but perhaps not so important in a smaller rural town or village. All of these matters will be given consideration.

Public health is a key consideration for the Department of Justice in regulating the sale of alcohol. When considering the introduction of reforms with regard to the sale of alcohol, and as part of the process, the Department will continue to engage with various public and voluntary health bodies.

To answer Senator Ruane's question on a timeline, one has not been provided. In that context, I know there is a large amount of pressure on the Office of the Attorney General at present. I have been working on a mental health Bill for almost four years. It will be published by the end of this month. It is going to be very important. It runs to more than 200 pages and contains 188 sections. It is a very complex Bill, and there will be overlap in the context of the issues raised by Senator Ruane. I will bring her comments back to the Minister and ask her about the timeline that the Senator has sought.

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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I welcome the Queen of Peace youth group from Bray, whose members are here as guests of Deputy Brady.

Cuireadh an Seanad ar fionraí ar 11.17 a.m. agus cuireadh tús leis arís ar 11.30 a.m.

Sitting suspended at 11.17 a.m. and resumed at 11.30 a.m.