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Dáil Éireann debate -
Tuesday, 10 Oct 1922

Vol. 1 No. 20

ADJOURNMENT—PUBLICANS' LICENCES.

Mr. PETER HUGHES

If you are going to take the adjournment now, there is a matter which I wish to raise. It is of no little importance to a considerable portion of what is commonly known as "the trade" in this country.

AN LEAS CHEANN COMHAIRLE

Who moves the adjournment?

Mr. BLYTHE

I move the adjournment.

Mr. DARRELL FIGGIS

I second the adjournment.

Mr. HUGHES

What I wish to bring before the attention of the Dáil is the position of publicans' licences at the moment in Ireland. Perhaps the President, or some Member of the Government, would be able to give me the information I desire. What I want to know is, what position are the publicans in at the present time, as regards the renewal of their licences? There seems to be considerable doubt in the minds of some people as to the position of these men at the present time, and I think it would be well if the Government would give some assurance or state what their policy is on the question. I know in some districts certain fees have been collected by Petty Session Clerks and certain other matters have been done which a considerable number of people think there is no authority for doing. I have raised the matter so that those men may know exactly where they are, as regards their licences for the coming year. It would be well if we had some statement of policy from the Government in the matter. I do not wish to labour the point in any way, but I would be glad if the Government could give the House some information on the point.

Mr. O'HIGGINS

The position with regard to licences has been, we are aware, causing some anxiety for some time back, and it is well that the matter has been raised. The position is this: All publicans' licences expire on the 10th day of October in each year and such licences, in accordance with statutory requirements, can only be renewed upon the production to the Inland Revenue Authorities of two Certificates to the good character of the applicant and to the peaceable and orderly manner in which the licensed premises have been conducted in the past year. One of these certificates must be signed by six householders of the parish and the other by two magistrates sitting at the Annual Licensing Petty Sessions of the district in which the licence holder resides. In consequence of existing conditions it has been impossible in many cases for holders of publicans' licences to obtain the necessary magistrates' certificate. The Government accordingly propose to make arrangements with the Inland Revenue Authorities whereby, in cases in which the magistrates' certificate has not been obtained, in consequence of Annual Licensing Petty Sessions not having been held, the necessary renewal of the licence will be issued and the publican authorised to trade on the conditions that the licence holder (1) pays the appropriate Excise Duty, (2) produces to the Inland Revenue Authorities the householders' certificate required by Statute, and (3) undertakes in writing to apply for and obtain the magistrates' certificates at the first available opportunity. Pending the production of this last-mentioned certificate possession of the licence paper will be retained by the Inland Revenue Authorities. It is intended to make arrangements as soon as possible for the holding of Sessions for the renewal of publicans' licences by the District Magistrates whom the Government are about to appoint.

Mr. THOMAS JOHNSON

Can the Minister for Home Affairs give us some idea of the terms of the revised Clauses he promised to put before us after Report Stage? If, for instance, revised Clause 11 were ready, perhaps he would let us have it as soon as possible, as it would certainly affect the amendments I see renewed on the Order Paper for to-morrow in my name. I did not know that that was to be put forward in its present form at this stage, and it certainly will depend on the new Clauses that have been promised. In any case, it would require a good deal of alteration in view of the course of the discussion.

Mr. O'HIGGINS

The fact is, beyond taking a note of any promise or undertaking made while working through this Reading, we had no time to go into them or get down in Committee to work them out. It will be necessary for us to do that before the next Reading comes on, and we will circulate through the Dáil the draft Constitution in the form in which we would put it up for consideration. We would have to get simply a new draft printed with the Articles changed according to the impressions we got while working it through this time.

Mr. THOMAS JOHNSON

Has the Minister in mind the time the next stage will be brought forward, assuming the present Reading will go through this week? What delay will there be?

AN CEANN COMHAIRLE

There would be, if I may interpose, the delay certainly of a few days, after the Committee Stage was concluded, before we could have the Report completely ready. We are making up the Report as we go along, but it would require some little time after the last sitting to make up the Report of that particular sitting. We would then have the Report ready for the Fourth Reading, showing the amendments proposed and what happened to them, whether withdrawn, withdrawn on condition, passed or lost, whether a division was taken or not, and so on. That is the way in which the Third Stage will appear, and in order that further amendments might be proposed for the Fourth Stage. In consideration of the four days' notice of motion some time will have to elapse. We contemplate finishing the Constitution to-morrow, according to our Orders of the Day for to-morrow, and taking up the Executive Clauses on Thursday, the Clauses that were referred to a Special Committee. In that case we hope to get finished on Thursday, or at least on Friday.

Mr. DARRELL FIGGIS

When you say finishing the Constitution before receiving the report on the Executive Clauses that were referred to a Special Committee you do not include, I presume, the title and the preamble.

AN CEANN COMHAIRLE.

Possibly.

Mr. DARRELL FIGGIS

I was in expectation that would come on after the conclusion of the Executive Articles.

Mr. THOMAS JOHNSON

I thought that was understood.

AN CEANN COMHAIRLE

The preamble was to be at the very end.

Mr. DARRELL FIGGIS

You remember there was a certain Article in chapter dealing with Legislative provisions that I asked your leave to withdraw from there and suggest in respect of the preamble when we reach it?

AN CEANN COMHAIRLE

Yes.

Mr. DARRELL FIGGIS

That is the reason I ask.

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