Seanad debates
Tuesday, 27 May 2025
Civil Law (Miscellaneous Provisions) Act 2021: Motion
2:00 am
Mark Daly (Fianna Fail)
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The Minister of State is most welcome to the House.
Robbie Gallagher (Fianna Fail)
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I move:
That Seanad Eireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a further period of 6 months, beginning on the 1st day of June, 2025 and ending on the 30th day of November, 2025.
Niall Collins (Limerick County, Fianna Fail)
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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.
Robbie Gallagher (Fianna Fail)
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The Minister of State is welcome back to the House this afternoon. This is a straightforward motion, one which my party is very happy to support. It is one of the positive developments that have flowed in recent years. It is great, particularly during good weather, to see so many licensed premises have this outdoor space available to them. It creates a nice vibe and buzz in a town, especially when the weather permits. The past number of weeks have been positive in that regard, and it is great to fly through towns and see people sitting outside enjoying themselves and having a good time. It is a great sight to behold.
This is a six-monthly procedure for us but, as the Minister of State outlined in his contribution, the Minister has now indicated his intention to bring legislation forward that will do away with us having to come back here every six months. That makes perfect sense. It also brings clarity to gardaí on how they do their job, which is vitally important as well. There is no need for me to rabbit on too long on this. I welcome it and it is very positive. I look forward to the legislation being introduced later this year that it is hoped will put this on a permanent footing.
Victor Boyhan (Independent)
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I wish to share time with Senator Keogan.
Victor Boyhan (Independent)
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I am pro-enterprise. I am very supportive of businesses and it is great to see them out on our roads and public spaces. However, I have spoken to my local authorities and the Disability Federation of Ireland, and I spoke to the Irish Wheelchair Association today. There are huge concerns about the policing. The key words here are that An Garda Síochána will regulate and enforce the provisions in the course of their ordinary responsibilities. That is what the Minister of State told us here. An Garda Síochána does not even have a car in some places. In some places, it has no resources. Let us not be codding ourselves here. The reality is that vulnerable people with a disability are being told to eff off when they have confronted people in the restaurant and pub business. That is the reality, that is my experience and that is why I am here to share it.
We have elderly people who are on perambulators and supported wheels trying to navigate some of our heritage streets. I think of Dalkey, Dún Laoghaire and Monkstown, where I live. I think of Malahide, where I was last Sunday, and again was told by people and business they had the same experience. I think of people in Kerry, Limerick and elsewhere. We have to be mindful of people who are vulnerable and who do not have this ability. I am former director of the Irish Guide Dogs for the Blind. People who are blind and visually impaired cannot navigate some of our streets. They are bad enough as they are.
We have little public realms. We have to talk about the democracy around the public realm. The public realm, in many cases, is these spaces that are shared between private and public. They come at a cost, and we need to treat everyone equally. My concern is that I have spoken about this year in, year out and nothing has been done. When people with a disability and in a wheelchair cannot get through and confront a restaurant owner, they say they are there to make business. They are shut Monday, Tuesday and Wednesday and only open on Thursday, Friday and Saturday to do business and make money. I understand all of that. We have to have regard, however, to vulnerable people who are navigating our public streets.
I am happy to support this motion. I have been in touch with my own local authority. Only last Friday I had a meeting with the disability access officer, who also shares concerns. We cannot be in a vacuum and only think of one person. We cannot come in to this House and talk about disability matters and supporting vulnerable people navigating their towns and villages if we are bringing in legislation that does not have some regard. I do not want a nanny state or a police state but I want someone to enforce it. I ask the Minister of State to write to the Minister, Deputy O’Callaghan, about it. I ask him simply to send a letter - no legislation. Let us cut the nonsense. I want to communicate with the 31 chief executives of our local authorities and tell them the Minister of State is mindful of the challenges faced by people with a disability, whom he, I and others represent, in navigating towns, villages and streets, and to tell them to enforce the matter. It is collaboration. We do not have many cases, whether it be joint policing, community services or whatever, because that is just a mess at the moment. I have been asking them.
I am sorry if I sound a bit animated or agitated, but I am deeply concerned because of experiences of people who have come to me in my office regarding people with disabilities, young children in prams, elderly people who need support wheels to navigate our streets, people with disabilities in wheelchairs and visually impaired people. We must keep our streets open. It is a question of managing our public realms and our public space with the local authorities. There are 30 chief executives and one secretary general in Limerick. That is not too much to ask anyone. I ask the Minister of State to commit to writing that we are mindful that we want to support outdoor business, communities and all the benefits – I enjoy them too – but we also have a responsibility to more vulnerable citizens that these spaces are kept open and accessible. It is a combination of synergy and working between An Garda Síochána and the local authorities to ensure that happens over the next six months.
Sharon Keogan (Independent)
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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.
Gareth Scahill (Fine Gael)
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I wholeheartedly support the extension of the Act. It allows for the responsible consumption of alcohol in designated outdoor seating areas. I welcome that it allows businesses to operate with clarity and certainty. It is pro-business. It is important we protect businesses and give them that clarity. It is also essential that An Garda Síochána has clarity with regard to its powers of public order service, and we need to be seen to be supporting it. What began as a temporary solution during the pandemic has proven to be a lasting and welcome transformation. Let us be honest. It spreads a new life into our towns and villages. It creates a buzz, a vibrancy and a new sense of place, and we should be building on it.
I support Senator Boyhan’s request for a letter to the CEOs of the local authorities. Permanent enactment of this measure should be done with a clear focus on accessibility reports for all of our towns, and I think that would be supported across the House. It would be a great way of serving two purposes with one Bill.
I support this motion and I support Senator Boyhan’s suggestion.
Nicole Ryan (Sinn Fein)
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Sinn Féin supports this legislation. It is practical and welcome for the hospitality sector and is in response to a very real need of business and communities that adapted innovatively during the pandemic and have continued to operate successfully under this arrangement.
Like Senator Keogan pointed out, however, this is emergency legislation. It was introduced under extraordinary public health circumstances. Four years later, we are still relying on emergency laws to govern what is now an everyday practice, and that is not acceptable. We have had promises of permanent legislation, and there needs to be a sense of urgency to actually pass it. The delays have left local authorities and hospitality businesses operating in a legislative grey zone. The outdoor seating provisions were a lifeline for our businesses during Covid, but we now have to have a much broader conversation on what kind of spaces we want in our towns, villages and cities.As was pointed out, this should not be treated in isolation. It should be part of a comprehensive, national strategy for place making, local economic development and building vibrant, livable and accessible communities. Outdoor hospitality boosts footfall, supports small businesses and adds the character and culture to a place. However, to support it we need to invest in public spaces, tackle dereliction and ensure our towns and villages have infrastructure to support that outdoor activity, such as public toilets, waste management, lights, accessible seating and lots more.
We cannot forget rural Ireland in this. Too often our rural towns are left behind in these conversations. If the Government is serious about rejuvenation, outdoor hospitality needs to be part of a wider plan that includes public realm investment, reliable transport and all the other services that rural areas need. While we support this extension, we want this to be the last one. We need the permanent legislation that has been promised in order that we can give our hospitality sector the certainty it deserves and give our communities the kind of places and public spaces of which they can be proud.
Niall Collins (Limerick County, Fianna Fail)
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I thank all the Senators for their time and their contributions. We hope the extension of the Act until 30 November 2025 sends out a message about our determination to continue to support and provide clarity to business, An Garda Síochána and local communities. This is an important extension, which clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. With the extension of this Act, continued certainty is provided to licensees.
I reiterate that the Minister acquired Cabinet approval on 9 May last to ensure these measures are put on a permanent statutory footing in the Criminal and Civil Law (Miscellaneous Provisions) Bill 2025. This will remove the need to apply for these extensions every six months. As I previously indicated, it was not possible to do that before this point in time.
I think we can all agree that these measures will successfully address the relevant issues that arose for licensees and that they have worked effectively and will continue to do so for the period ahead, with the support of the Houses. Outdoor dining spaces boost the appeal and attractiveness of our cities and towns. They inject a new energy and a dynamism to local areas as well as providing much-needed support for local businesses. Having come through the past few difficult years, it is wonderful to see we are in a position where we can share our lively bars and restaurants with many new and returning visitors to our country.
With regard to the issues raised and echoed by Senator Boyhan and others regarding mobility and people with disabilities, I will convey the request to the Minister regarding communication to the CEOs of local authorities.