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Dáil Éireann debate -
Thursday, 26 Feb 1931

Vol. 37 No. 6

Intoxicating Liquor Bill, 1931—Second Stage.

As the House is aware, a very large and comprehensive measure dealing with licensing laws in this country became law in the year 1927. That Act largely carried out the recommendations of the Commission which had been set up to inquire into the working of the licensing laws of this country, the Intoxicating Liquor Commission of 1925. It always happens when a measure as large and as important as the Licensing Act of 1927 becomes law and embodies a considerable number of new provisions there is doubt as to whether those provisions were good or bad, salutary or harmful to the general community. Four questions appear to have come in for a considerable amount of criticism and we considered that the wisest thing to do was to refer these matters to the same Commission as had already reported on the Licensing Laws. Accordingly, the Liquor Commission was reconstituted in the year 1929, and four questions were placed before it for consideration.

One of the new principles introduced into the licensing code by the Licensing Act of 1927 was what is known as the split hour. I need not define what the split hour means. Another question was whether the power given to a District Justice to give area exemption orders outside the municipal boroughs should be extended so as to take in the four cities of Dublin, Cork, Limerick and Waterford. Another question was whether the law relating to St. Patrick's Day was or was not in a satisfactory condition. The fourth question was a comparatively minor one, as to whether when a person holding a licence for a premises built a better premises, not merely adjoining but somewhere within the neighbourhood, he should be allowed to transfer his licence from the inferior old premises to the superior new premises. These were the four questions which were left to the Commission, and upon these four questions the Commission duly reported. In this Bill we propose to carry out completely the recommendations of the Commission. Where they have decided in favour of a certain proposal we suggest to the House that that proposal should be carried out. Where they have negatived a proposal we suggest to the House that the proposal should be negatived.

First of all, there was the question as to whether the split hour should or should not be retained. On that matter the Commission reported:

"After careful consideration, we are fully satisfied that no case has been made for the abolition of the closing period between 2.30 p.m. and 3.30 p.m. in the afternoons on weekdays in county boroughs. Although our sittings were open to the public, no one came forward save interested parties to complain of any inconvenience being caused thereby, and we are satisfied that the object for which we made our original recommendation when the Commission sat in 1925, namely, the prevention of excessive drinking by persons who remain in publichouses for long periods, has been substantially obtained."

They also stated that the present hours are correct, but they made two recommendations of some minor importance. One of them is that though licensed premises should not be open for the sale of intoxicating liquor during those hours, yet provision can be made by which licensed premises may be used for the purpose of delivering or removing goods during these hours, and they say that no objection could be reasonably raised to such a procedure. In this Bill we propose, therefore, by Section 4 that between the hours of 2.30 and 3.30 p.m. licensed premises may be kept open for the purpose of dispatching goods from or receiving goods at such premises. Of course, it must be an advantage to a licensed trader that during that hour he will be able to get in his supplies from the wholesalers who supply him, and send out his empty casks or bottles or anything else that he wants to return. He would be able to keep his staff more regularly employed, and he would be able to carry on that work of receiving goods during the split hour.

The other recommendation is this: As Deputies know, at present in hotels drink cannot be served with a meal between the hours of 2.30 and 3.30 p.m. If a person orders his meal before 2.30 and orders a drink with it he can consume the drink between the hours of 2.30 and 3.30, provided the meal is a substantial one and is taken in the place where meals are usually served. The Commission say that they see no harm, not only in allowing a person to consume a drink with his meal which he had ordered before 2.30, but if he is taking a substantial meal between 2.30 and 3.30 in allowing him to order a drink, provided he consumes it with the meal. Of course a person resident in a hotel can get a drink at any time, as the split hour does not apply to him. The Commission say:

"We are of opinion that although this inconvenience" (that is the inconvenience of not being able to get a drink with meals between 2.30 and 3.30) "is probably relatively slight, no real justification can be alleged for interfering with the normal and not abnormal use of intoxicating liquor, and that if hotels and restaurants are permitted to serve drink during this period, with bona-fide meals, no abuse is likely to occur."

As the House knows, the same provision as to special hours applies to clubs, except that the hours are to be between 3 and 5.

In this Bill, for the same reason, we propose that drink could be served with meals between 3 and 5. I fancy that is a provision of practically nominal value, because I do not suppose many people, except an odd traveller, lunches between the hours of 3 and 5 in any club, but, however, for the purpose of symmetry, so to speak, for the purpose of keeping everything fair and square between the various members of the community, we adhere to the split hours modified to that extent if drink is served in the place where meals are regularly served, and consumed with the meals. These are comparatively unimportant matters in comparison with the big principle of the split hours, and the principle of the split hours practically in its entirety is left unaltered by our proposed legislation in accordance with the recommendations of the Commission.

The next question left to the Commission was whether provision should be made for area exemption orders in county boroughs. That was a question which obviously had to be inquired into because, as the House is aware, last year we had to pass two special statutes dealing with special cases which arose where area exemption orders could not be granted, and there would not be adequate provision for persons visiting Dublin in the one case, and Cork in the other, on these special occasions. However, the Commission have recommended on that that an alteration of the law should not be made. There is, therefore, no provision dealing with that matter in this Bill at all, and I need not go into the merits or demerits or discuss it any further.

The next question with which they deal is as to whether the provisions as to the law dealing with the sale of intoxicating drink on St. Patrick's Day were or were not correct. They say:—

"We see no reason to alter the recommendations which we made in 1925, that St. Patrick's Day should be regulated by the same conditions as apply to Sundays. We are confirmed in this view by Mr. Cussen's evidence, and we quite agree with his opinion that the enforcement of total closing on St. Patrick's Day is a reflection on our national character as regards sobriety which is no longer justified by the habits of our people."

Mr. Cussen further pointed out that when one year St. Patrick's Day fell on a Sunday, Monday, 18th March, was a public holiday. His court sat on Tuesday, and he stated that they had not more cases of drunkenness than they would have on any day after any other bank holiday.

Would the Minister read down to the end of that declaration.

Certainly.

"He also directed the attention of the Commission to the fact that this year, as St. Patrick's Day fell on a Sunday, Monday, 18th March, was a public holiday, and in spite of this fact the work in the courts on Tuesday, the 19th March, did not show any greater number of cases of drunkenness than on the morning after any other bank holiday, although on the 18th March the licensed houses were opened as on ordinary week days. He told us that the number of cases arising on the 18th March was not above the average for any other Monday. We also quite agree with his view that the conditions of opening on every bank holiday other than Good Friday and Christmas Day should be regulated by the same conditions as apply to Sundays."

Accordingly, St. Patrick's Day is by this Bill brought in on the same footing with Sunday, and the law is made practically the same as for a Sunday.

Now, as far as the non-county boroughs are concerned, there is one matter to which I would like to draw the attention of the House. It is Section 15, sub-section (1) (b), which states as follows:—"The holder of an on licence——

What is the Minister reading from?

From the Act of 1927. It is a very small point:

The holder of an on-licence in respect of premises not situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers.

And then the time is set out:

If his licence is not a six-day licence, on any Sunday during the period of summer-time between the hours of one o'clock and eight o'clock in the afternoon, or, on any other Sunday between the hours of one o'clock and seven o'clock in the afternoon.

St. Patrick's Day is not a Sunday in summer-time or in any other time, and it is simply a question whether the hours should be from one to seven or from one to eight. In the draft of the Bill we have put in from one to eight, but the House may possibly consider that it should be from one to seven. Sunday there is, so to speak, an indefinite word, and in translating the report of the Commission into this Bill, if it should become an Act, the House will decide whether the hours should be from one to seven or one to eight.

The other matter which was referred to the Commission was the question of transferring a licence from one place to another. The Commission reported that if the licence to be transferred was in the same licensing area, and if the licensing area was a rural area, the licence could be transferred, and accordingly we propose by this Bill to make it possible for the Circuit Court Judge to make an order transferring the licence from an inferior to a superior premises, so to speak, except they are in a county or other borough or urban district or town—that is, under Section 11 (c)—town there will have the same meaning as a town in the Act of 1927, and in the Act of 1927 it is defined as a town in the meaning of the Towns Improvement Act, having Commissioners under the Towns Improvement Ireland Act, 1854. There are a couple of other minor matters as to which the Bill embodys some recommendations made by the Commission. They also deal with the transfer of licences. Where you have a seven-day licence and a six-day licence and there is to be a transposition, it can only be done at the general annual licensing sessions. An application can under this Bill be made at any licensing sessions to the District Justice. They say that that is a reasonable thing to do.

They say also that outside a county borough, if a person holds an on-licence and also holds, say, a wholesale dealer's licence—that is, under Section 12—that person, if both licences are in the same licensed area and outside a county borough, may apply at the annual licensing District Court held in such licensing area that in lieu of a certificate for the renewal of the on-licence there be granted to him in respect of the premises to which such wholesale dealer's licence is attached a certificate for a new spirit retailer's off-licence or a certificate for a new beer retailer's off-licence or certificates for both such licences. That really means that while a person has got a wholesaler's licence and an ordinary publichouse licence he may, if he likes, extinguish his ordinary publichouse licence and get his spirit grocer's licence in respect of the premises in which he has a wholesale dealer's licence. The object of it is that if the wholesalers find the minimum amount which they can supply is more than some customers wish to take, the Commission recommends that as this would mean the abolition of a full licence it would be very advisable that they should be permitted to do so. But they do not advise it for towns, as they do not wish to have more spirit grocers' licences in towns.

These are the principal points in the Bill, and I commend it to the House. I would only say, in conclusion, one thing—that we know that all matters connected with the licensing law are very controversial indeed. We set up a Commission composed of well-known men. They examined witnesses and they have taken a fair and unprejudiced view of the whole question, leaning neither too much to one side nor too much to the other and not paying overgreat attention to the cries that there are too much restrictions on the liberty of the subject, and, on the other hand, not paying overmuch attention to the cry that there is not a sufficiently strict licensing code. They have taken a fair line between these two, and I would suggest to the House that the wisest course for it to adopt is to take their fairly considered views and pass them into law.

I would like to ask the Minister if this Bill is a Government measure?

Certainly, I have introduced it.

On behalf of the Government?

Will the Cumann na nGaedheal Party Whips be put on?

That is a matter for me to decide. I consider it is of no interest to the Deputy.

It may be of interest to his followers.

I did not know the Deputy had any followers. Is he one of the leaders?

This Bill is as remarkable for its omissions as for its commissions or commitments, if you like to call them so. When referring four matters to the Commission I am surprised that a fifth was not considered—that is the question of great interest to licensed traders, the endorsement of licences. In the old days jurisdiction was left to the justices to say whether, when the offence was merely technical, the licence was to be endorsed. It seems to be an injustice that for three technical convictions three endorsements may follow, and then the licence is practically cancelled, or it cannot be renewed. That is a matter that the Minister, when introducing his Bill, should have attended to.

There are in this Bill sections designed to remedy injustices, sections to which nobody could object. Section 2, giving in the case of the lapsed leases the same right to the off-licencee as to the on-licencee, is quite just, so as not to leave to the landlord the chance of stealing the tenant's licence. Generally there are objections raised to off-licences. Section 4 is also, as the Minister said, a reasonable and fair facility to give to the licensed traders. It is similarly the case with Section 5. No objection could be raised to Section 7. I think, because the facilities afforded at these railway station buffets are very small, and certainly will not cater for one who sets out to get drunk. Such a person will not have the time.

As regards Section 9, I do not think any more facilities should be given to clubs than they have already, particularly in the case of non-residential clubs. They are already in unfair competition with the licensed traders in many ways. They have much less supervision, and are a greater temptation to drunkenness than an ordinary licensed house. When granting licences to them many factors should be considered and a strict investigation held.

As regards Section 11, which deals with the transfer of a licence to a more suitable premises in the neighbourhood, that also is a good section. I think the Minister might have taken advantage of it in the Bill to allow one who has a licence to buy up one who has a wider licence perhaps, and then abolish that without any expense to the State. Section 12 is also unobjectionable. Now we come to Section 6. The Minister said that the Commission stated that there was very slight inconvenience caused by not allowing drink with meals in hotels and restaurants in what he calls the split hour. Why give an advantage to the hotels or restaurants that a licensed trader is not getting? That strikes me as class legislation.

Hear, hear.

If I understand it properly, the purpose of that order was to prevent men, not workingmen, but often students or business men, from making it an afternoon session in a bar or lounge when discussing business. It is not that they set out deliberately to do that, but a discussion starts, and then the Irishman's habit of drinks all round, one man being as good as another, keeps them there all the evening. What happens if you allow drink with meals in a restaurant? You start during the lunch hour with three or four at the table. There is nothing to stop any one of them having a drink or two, and when the time of lunch is over they adjourn to the bar, which is then open, and you go back to the evils which you tried to remedy when you instituted that hour. I put it, therefore, that that is objectionable. It is similar with clubs as with hotels and restaurants. They should not get further facilities. The kernel of the Bill is in Sections 3 and 8. The other sections are only the shell. The Minister said that we should take the middle course recommended by the Commission. I am afraid that all sections of the community were not represented on that Commission.

I remember twenty years ago being engaged in a campaign to close licensed premises on St. Patrick's Day. A national campaign closed them. I do not see any solid reason now for going back and opening them on St. Patrick's Day. I think doing so would be national retrogression. I wonder where the demand for this has come? Is there any public pressure. Who are so thirsty that they are calling out that the licensed trade should have the same facilities on St. Patrick's Day as on Sundays? I have not heard of it except from interested parties. I have heard of no complaints of the present system. Nobody has spoken to me about its being a grievance except those directly interested in having the houses open on St. Patrick's Day. It might be, of course, that opening on St. Patrick's Day, as on Sundays, would be but just getting in the thin end of the wedge, and having got thus far we might be asked in a year or two to have general openings on St. Patrick's Day, the national holiday. I do not want any reversion to scenes that I remember as a boy; I do not want any reversion to the time when I saw men, and sometimes women, but mostly men, drunk, sick and sore in the evening, saying: "Oh, holy St. Patrick, look at what I am suffering for you." I do not want scenes of that sort again.

Then let us look at the matter from the point of view of the assistants. You have 1,000 or 1,200 men in Dublin, and they have very few days in the year free; they have Christmas Day, Good Friday, and St. Patrick's Day, and I think they should be left St. Patrick's Day free. Apart from any consideration of them, I think it is not wise nor right nationally to pass this Bill, considering the present state of depression and considering such figures as were given to us to-day by the Minister for Local Government and Public Health. What do these figures reveal as to the state of the City of Dublin? If you open the publichouses on St. Patrick's Day between 2 o'clock and 5 o'clock who will go there? You will probably have a lot of visitors in the city in order to see matches in Croke Park, Dalymount, or other places. They are there practically for two hours, and they will not have much time to swallow a drink. If they do swallow it hurriedly it will not do them much good. They have their trains to catch, and they have not much time for the publichouse. If the city people are anxious to visit the publichouse they will not have much time if they go to the matches. If they do not attend the matches they might spend three hours in the publichouse and that would certainly be bad.

Taking the conditions in the country, we hear it said that we should not deprive the poor man of his pint. He has no right to have a drink except he is a bona fide traveller, and to be that he must expend more money on a bus. train, or something else in order to travel the necessary distance. Can he afford to do so, and is money so plentiful at the present time that the countryman can afford to spend more on alcohol? I do not think it is. It is true we have changed somewhat and that there are counter attractions to the publichouse, such as sport, or motoring, or the cinemas. Above all, the cost of drink has changed our habits considerably. At the same time no further facilities should, on national grounds, be afforded for drinking on St. Patrick's Day. We are opposed to the Second Reading of this Bill.

The records of the House will show that the members of this Party have never taken a bigoted attitude upon any proposals affecting the sale of intoxicating liquor. Therefore I assume that we can approach the consideration of the proposals contained in this measure without any prejudice. We were not affected by the plausible or the persistent appeals made by the people interested in the trade, and made particularly, as far as I know, by the bosses of the trade in Dublin; neither are we going to be affected by the threats and wild statements which have been made by temperance leaders in the country. I entirely disagree with Deputy Fahy, and also with the statement which I read in to-day's paper, which is apparently in agreement with what the Deputy said—that a reversion to the opening on St. Patrick's Day will mean brawls and faction fights and so on amongst the population. The price of intoxicating liquor, the poverty of the people, and the growth of temperance provide the best answer that can be given to these wild statements. The following statement was published in to-day's "Irish Independent":

If every bona fide traveller can get intoxicants at every publichouse in the country, we shall, in a short time, witness a repetition of the disgusting scenes that disgraced St. Patrick's Day in the past.

That statement should not be made by any sensible citizen of this State, because it cannot be supported by the crime records or any other statistics that are available to Deputies. For that reason that statement should not have been published, and it should not be allowed to go outside this country to misrepresent the position of the people, whether made by temperance reformers or otherwise. There has been a considerable decrease in the number of cases tried before District Justices and in other courts on charges of drunkenness, and that is the best evidence we have at our disposal, which will help to refute any statements with regard to excessive drinking in this country.

There is one thing the Minister has not told the House and that is the reason for rushing in here with a measure of this kind with such indecent haste. From what source has he received the pressure which forces him to present these proposals to the House? Was it from people interested in the trade in Dublin or from any organised section of the consuming population? We are entitled to an answer. The Minister is the very man who has made repeated promises during the past four years to bring in a Bill affecting the town tenants. He has broken that promise on at least six occasions, and now he rushes in with this measure without any demand for it from any section of Deputies. Will he please tell us the reason why he is doing so? There are Deputies here who believe that this measure is being brought in to confer favours upon people interested in the Dublin trade so that they can, in return, as they have done in the past, fill the coffers of the Cumann na nGaedheal Party in order to help to fight the coming general election. That is my opinion and the opinion of many people outside. I know that that has been done by the bosses of the trade in Dublin in the past. They have contributed in one or two cases sufficient funds to return certain Deputies to sit on the Cumann na nGaedheal Benches. There will be every opportunity afforded Deputies to answer these statements. It will be very interesting to see how the treasurers of the Cumann na nGaedheal Party, who sit on the Government Benches, will vote on this matter if it is left to a free vote. There are people who boss the Minister in matters of this kind. This is not the Minister's own Bill. This is a Bill which he has been forced to bring in at the dictation of those who control the organisation from Parnell Square. If that is not so, will the Minister tell the House from what channel the pressure has come and how have these proposals reached Government Buildings? The Minister went so far as to say that the recommendations of the Commission, which he read in part, should be carried out completely. Is not that so?

On the matters which were referred to them.

On all the matters referred to them. The recommendation in regard to the opening of licensed houses on St. Patrick's Day is dealt with in Section 3. The Minister read out the Report of the Commission in that respect. For his information I will repeat that for the purpose of proving to him that he is not doing what he apparently intended to do. The members of the Commission said:

We see no reason to alter the recommendations which we made in 1925 that St. Patrick's Day should be regulated by the same conditions as apply to Sundays.

If the Minister would go to the last sentence in the same paragraph he will find:

We also quite agree with his view that the conditions

—that is, District Justice Cussen—

of opening on every bank holiday other than Good Friday or Christmas Day should be regulated by the same conditions as apply to Sundays.

Why is the Minister not carrying out that part of the recommendation? I think it is simply because the people who boss the trade in Dublin will not allow him to do so and so give the benefit of the concession to their assistants, who will undoubtedly be affected if these proposals to open on St. Patrick's Day are approved. There are between 4,000 and 5,000 assistants affected, so far as I am given to understand, by this proposal in the cities of Dublin, Cork, Limerick, and Waterford. Are we to understand that they are not entitled to enjoy St. Patrick's Day in whatever way they wish? We think they are. I go so far as to say that even outside these four cities there are many people, including the owners of publichouses in rural parts of the country, who believe that they are entitled to freedom to enjoy St. Patrick's Day in whatever way they wish. Speaking for myself, and so far as I know with one or two exceptions, the members of this Party have not received representations of any kind from their constituents, either from publicans in the area or from public bodies or the general public in regard to this matter. Where has the demand come from in regard to this matter or through what channels has it been received by the Minister?

There is a statement in the document, which I suppose has been circulated to all Deputies by the Licensed Grocers and Vintners' Protection Association, which says: "We have gone to great pains to ascertain the views of the people on this matter." I would like to see a plebiscite taken on the question as to whether the people would like to have publichouses opened or closed on St. Patrick's Day. I am not a teetotaller, and I am not bigoted on matters of this kind, and I believe that the people as a whole, men and women, teetotallers and others, would turn down this proposal. I do not know what measures were adopted by the licensed grocers of Dublin to ascertain the views of the public, but in any case, if any members of Cumann na nGaedheal would take it upon themselves to speak from the benches opposite, following me, I would like to know from them what means were adopted and what channel was used to find out the views of the people. How many were in favour of reopening or against it? We are entitled to information on that point either from the Minister or those who can speak on behalf of the trade in this House.

At any rate, the members of the Party to which I belong have been forced to consider their attitude on the Second Reading of this Bill mainly because it contains a provision for the reopening of publichouses on St. Patrick's Day, a provision with which we do not agree. We agree with Deputy Fahy and others that there are certain things in the liquor laws which can be put right without doing wrong to anybody. We could agree to vote for certain parts of the Bill, but we take strong exception to the opening of houses on St. Patrick's Day, because we believe that there is no particular demand for such a concession, and that it should not be revived at this particular period. Therefore, I say: "Throw out this measure and leave well enough alone."

I am rather sorry that the last Deputy who spoke approached the matter with such heat. I shall begin by answering the last question which he put. He wants to know the channel through which the Executive sought the views of the people. That channel was the members of this Party of which I am a member, and I believe that they accepted the views of Deputies of this Party as representing to a great extent the views of the people of the country. Deputy Davin commenced his speech by saying that the Labour Party has never approached this matter in a bigoted way. I agree. I hope that any Deputy who follows me will proceed on the same lines, and I hope that those who are interested in the sobriety of this nation will approach the matter in no narrow way. If we are to attain any degree of unanimity we have to be temperate in our views as well as in our habits.

So far as I am concerned, I intend to support the Bill whether it is a question of the Party Whips being on or off. I see no provision in it that violates to any great extent the principles of those who are interested in the sobriety of this country. Those of us who are interested in sobriety and who are not faddists will obtain no advantage by offering opposition to the mild demands of those who carry on a licensing business in this country. For my own part, I do not think that there is any section in the Bill which I am prepared to oppose. Deputy Fahy commenced his speech by offering opposition to the provision authorising the opening of publichouses on St. Patrick's Day, and he was followed by Deputy Davin. Deputy Fahy said that he did not want a reversion to the scenes he remembered as a boy. Neither do I, and I think I am as old as Deputy Fahy. Both he and I know that for many years the scenes which occurred, at least, when I was a boy, have long since ceased to occur, and I do not think that any Deputy would say that if the whole restrictions regarding the sale of liquor on St. Patrick's Day were removed the people would go back to the days of forty years ago, and that the scenes that occurred then would occur now.

I do not see any danger in granting the small concessions asked for in this Bill. If I had any objection to the Bill it would be, as Deputy Fahy said, because of its omissions, which affect the people, rather than what it contains. The Minister said that there were four questions put to the Commission. The first of these was the question of the split hour, but that is not included in the present Bill. The Commission evidently did not see their way to report in favour of it, except to a small extent, namely, so far as clubs and hotels are concerned. I cannot possibly imagine a reason why that provision was put into the original Bill. I was not a Deputy in those days, but, after looking up the matter, I believe that it was inserted because there were certain gentlemen in this city who commenced drinking at 7 o'clock in the morning and continued to do so until the publichouses closed at 10 or 11 o'clock at night. They prided themselves on their ability to do so day after day. The then Minister, in his sympathy for those rather extravagant drinkers, thought fit to bring in a provision to close the licensed houses for an hour in order to give those gentlemen a chance to recuperate, and not only to drink in the morning, but to slumber or eat in the hour's interval in order that they might continue their nefarious occupation for the remainder of the day. That is, to my mind, a ridiculous and vexatious restriction on business men.

I represent Limerick, and it possibly affects us more than it does the City of Dublin, perhaps in the same way as it affects Waterford and Cork. It is an intolerable burden on the respectable men—and they are respectable men—who carry on the business of licensed traders and grocers. The majority of the traders in Limerick are mixed traders. Some of them are as big traders as any in Dublin, but business is carried on in a different way there. There is a provision, wholesale and retail business carried on in the same shop—that is, tea, sugar, and goods of every description. What happens? These houses are compelled to close down at the very hour of the day when business is at its highest, because of fixing the split hour to accommodate the gentleman who wants to drink for eight or ten hours at a stretch, and who is enabled by this split hour to indulge his drinking habits.

The cities of the country are at present the centres of the bus activity. These buses arrive in Limerick and Waterford about 1.30 or 2 p.m. in the day, mainly bringing young girls and women anxious to do their shopping. At the very hour when they are anxious to purchase their necessities the business houses are closed from 2.30 to 3.30. During the winter months darkness often falls at 4 o'clock, and at the very hours when these people should be doing their business in daylight they are prevented by the provisions in this Act from doing so. There are also in the City of Limerick three big cattle sales in the week and two market days. I am in the habit of attending the cattle sales. These sales come to an end about 2 o'clock, and you come down from the sales after having sold the cattle intending to do some business. I, as a matter of fact, do not drink, but sometimes I want to do a little business in these houses. I find these shops closed, with the result that I have to remain another hour in the city to transact my ordinary business just because again somebody thought fit that the gentleman I have mentioned should be able to slumber and continue his drinking afterwards. To my mind no case could possibly be made for the continuance of this split hour, and I hope that on the Committee stage some way may be found of inserting an amendment in the Bill to abolish it.

There are other provisions that I personally would see no objection to putting in the Bill. I think Deputy Fahy referred to the question of endorsement of licences. I quite agree with Deputy Fahy that it is a very strong grievance with a very respectable body of traders, that when, perhaps, a trader is found guilty of a technical offence the licence has to be endorsed. I think that there would be no objection either from temperance reformers or others if an amendment directed towards remedying that grievance were inserted. The question of exemption orders might also be dealt with in the Bill. I think the Minister himself said that it would require two Acts of Parliament to get over the difficulty created by this section. In the city of Limerick about two years ago there was a big religious celebration, at which about 100,000 people were present. I think there was a demand for the the abrogation of this provision on that day. The Church and people united in that demand, but the District Justice found it impossible to accede to it. I see no reason why this particular provision should not apply to the four cities as well as to the rest of the country. These are some provisions that I think might be included in the Bill.

Speaking as one who is as interested in the sobriety of this country as any Deputy in the House, I think that no useful purpose would be served by approaching this very controversial matter in a heated or bigoted manner. Those of us who are teetotal in our habits should not be intemperate in our views. Sometimes the question of teetotalism and temperance are confused. I say without any fear of criticism that no matter what way we view this question, and no matter how much some of us deplore that there should be any drunkards in the country, if we must prevent the drunkard from having easy access to liquor, let us rather increase the penalty on him than impose a greater penalty on those who can carry a little drink. At all events I hope Deputies in approaching this matter will approach it in a peaceful and non-controversial way. In that way possibly before the Bill is out of Committee it may be improved in such a manner as to be of real help to some people without in any way infringing on the rights of people who think differently on the matter.

The whole controversy seems to concentrate on Patrick's Day. I do not know why we should take it for granted that anyone who takes a drink on Patrick's Day is going to make a beast of himself. I fail to see why a man who wants a drink on Patrick's Day should not have it, and I am going to vote for the measure. As regards Deputy Davin's statement that the Government have introduced this measure in order to get funds for the election, that is very far fetched. As far as the grocers' assistants are concerned, I believe they have a powerful Association and I certainly have not received representations from them or from atnyone on either side in connection with this Bill.

I welcome the hour in which we are here assembled as Irishmen with the privilege of deciding the way in which we are to do honour to our Patron Saint on St. Patrick's Day.

Drown the shamrock.

"Drown the shamrock" was the cry of our forefathers and we are not ashamed of it. I look upon the Bill as a small slice of restitution from the Government for the great wrongs done to the licensed trade within the life of the Irish Parliament. We expected fair play from them and I say "we" because I am a publican although I did not sell a drop for a year and a half.

At the same time I think that in this Bill the Minister for Justice is giving a small slice of restitution to us. In my opinion the split hour will do no good. As a member of the county council I have experience of the working of it in Cork City. I see there people who come in from the country going about grumbling because during the split hour they cannot get into the shops, where a mixed trade is carried on, to do their business. I believe that the people who should be victimised are not. The real victims are those who during the split hour cannot get into the shops to meet their friends and do their business.

I am glad to think that the houses will be open throughout the country on St. Patrick's Day because, after all, it is not a day of mourning. We all remember what St. Patrick's Day was in the olden days. When I was a young man I played football on that day. We looked forward to having a good match on St. Patrick's Day and even if we had a good fight there were no murders committed at that time. If there was a dispute we fought it out fairly and squarely. I think this Bill is only breaking the ice, because next year, or even within a couple of months, this Licensing Commission will be sitting again. Another new Bill will have to come on because it is due to the publicans who, I believe, are the worst treated people in the country. A couple of years ago a Bill was passed dealing with the poor down-trodden publicans. A certain number of them were to go out of business each year and they were to get nothing. Our own Government introduced that Bill and gave no excuse for doing so. Was that proper treatment for publicans?

There are people here on both sides of the House shouting for the publicans who contributed to the passing of that Act which I think was not fair or just. That Act has not been put into operation for the last year or two but why I do not know. It was passed because, I suppose, it was thought to be good for the nation. If it was for the good of the nation then the cost of it should have been made a national charge, which it was not. It was the publicans who remained in business who had to bear the cost. I do not think that was right. I am not saying that because I am one myself. I do say that we want fair play. I am whole-heartedly in support of this Bill. It is the first bit of restitution that has been given back to us for a long time. I hope that in a few weeks when framing his Budget, the Minister for Finance will be able to do more for the licensed trade than the Minister for Justice has. I hope he will be able to reduce the pint to sixpence. I hope the House will agree to the clause dealing with St. Patrick's Day. I speak in support of those who cannot afford to go round in motor cars and carry supplies of drink with them.

Having listened to Deputy Daly, I am convinced that there is only one thing misplaced this evening, and that is that we are not back in the old Parliament House in College Green. I think it would make things sound perfect to hear Deputy Daly in the old Parliament House in the old way making the speech that he made here to-night. We returned here after extended holidays, and understood that we were to tackle at once serious questions affecting the majority of the people, farmers, labourers, and others. We were told that we had very serious work to do, yet after all that we find the Minister for Justice putting aside Bills of very great importance on the dusty shelves, where they have lain for so long, and rushing in with this Bill, to give extended facilities for drinking on St. Patrick's Day. I consider that there are far more urgent problems to be considered than the one that is now before the House. If the problems that ought to be tackled were tackled the publicans would not have to be crying out for the relief that is proposed to be given them in this Bill, because then the country would be more prosperous than it is. The speech the Minister made in moving the Second Reading of the Bill was the most apologetic that I have ever heard him make in this House, particularly when he referred to the two main clauses, 3 and 8. He asked the House to agree to these two clauses simply because a Commission recommended that they should be put into law.

Four years ago a Commission sat that travelled through almost every parish in the west, south and north of Ireland, and obtained the views of representative people. That was the Gaeltacht Commission, which made very important recommendations, that have since received no attention from the Government or from this House.

The report of that Commission was a very big and a very well considered one, and it was placed in the hands of the Government three or four years ago. What was the result of the Commission's report which affected the lives of the majority of the people of the congested districts in Ireland? We were not asked by the Minister for Justice to have these recommendations dealt with; we were not asked by Deputy Daly or Deputy Bennett to have questions affecting the people in the north, the south and the west tackled so that they might be kept from starving at home or prevented from going to America to starve. A Commission sits to deal with the liquor trade, then we have the report of the Commission rushed here, and we are asked to-night to accept recommendations three and eight.

What of the other Commissions that were set up by the Government? What about the Food Prices Commission that was set up and that went to great expense to inquire into food prices and profits? What about the report that Commission brought in? Is that of any interest, or does it affect the people? Are the members of Cumann na nGaedheal not interested in the question of the prices that people pay for food? Is that of no interest to Deputy Daly or to any other Deputy on the Cumann na nGaedheal Benches? Are the recommendations of the Food Prices Commission to be thrown aside, while the recommendations of the Liquor Commission dealing with Sections 3 and 8 are of such major interest that they must be rushed, and the time of this House taken up so that they will be passed into law without delay to give the public extended facilities for drinking? We want to give the members of the licensed trade fair play, but we believe that if the problems that affect the country were remedied the trade would be in a much better position to carry on its business.

The licensed trade has been fooled for the past three or four years by the Government Party. I remember reading the speech that Deputy Daly delivered to-night three years ago. I remember reading a speech delivered in Mayo by Deputy Nally in 1927 in which he stated definitely that, from inside information, within a year the duties on beer and spirits would be reduced. Deputy Nally is in the House now and he can contradict me if I am not stating what is correct. The statement was definitely made that the Government was going to tackle the high duties on beer and spirits, and was going to give relief to consumers and to the trade. We believe that questions which affect the country, and which have occupied its attention, have been shelved by the Government Party. We believe that if the question of economy, which Deputy Heffernan tackled a few years ago, was tackled seriously a reduction could be made in the duties of beer and spirits. That would be the honest, the proper, and the national way, rather than what is proposed in the present measure.

I would like to see the President in the House to-night. His absence is felt very much. I would like to hear him speak on this question. It is not often that we appreciate his presence here, but the present is a time at which we would appreciate it. I would like to see the Minister for Education in the House and to hear him speak on this Bill. I do not like them to be making a toad-stool of the Minister for Justice and have this measure foisted on him. If it is going to be a failure the blame will be thrown on him, and afterwards they will pull the votes and the purses of the Temperance Party in the country, while he pulls the votes and the purses of the licensed trade.

This Bill is not introduced on a question of principle. It is introduced on the question of Party funds and nothing else, and people will realise that. If you want to do justice to the licensed trade there is a way of doing it, but not by the hub-bub of Deputy Daly, Deputy Bennett and other Deputies. We know that if you give these extended facilities you are not going to have the scenes there were in the old days on St. Patrick's Day in Ireland. There is no thanks to be given the Government for that. The thanks is due to the commonsense and the education of the Irish people, and also to the Gaelic League and other societies that worked hard for years to raise the status of Irishmen from that of the "stage" Irishman, and who do not want to let it go back to the stage we had Deputy Daly acting to-night. It is no thanks to the Government that we have succeeded so far in that respect.

It is sickening to have a proposal of this kind made again after the years during which St. Patrick's Day was honoured as a national holiday. The keeping of St. Patrick's Day as a "dry" holiday injured many parts of the country. In Ballyhaunis the biggest fair and pattern of the year held was held that day. Then all the publichouses were closed on that day. There was no pattern, and the fair was smashed, great injury being done to business and also to the farmers round the town. It is not proposed to remove that injury by this measure. It is proposed to extend the facilities for gentlemen with motor cars who can afford to be bona-fide travellers on St. Patrick's Day. No facilities are given to the farmers or to the labourers. Extended facilities are to be given to gentlemen upon whom the Government now lean. I do not blame the Minister for Justice. No one is surprised to see him out to popularise a campaign for the opening of publichouses, but if he tackles one question affecting the people of Mayo he should tackle other questions on which Commissions have reported years ago, and he will be doing more justice to the people of Mayo, to the licensed trade and to people in general than by introducing this measure.

We are asked to give facilities for drinking on St. Patrick's Day not to the farmers or to the labourers but to people who can go for a joy-ride of three or four miles and get drink during the extended hours. We are also asked to give relief to the hotels and restaurants. I think the hotels and restaurants are doing quite well. This is a sop to the licensed trade. We know that very well. The proposal is to give relief in this dumb-bell fashion instead of giving it to the licensed trade direct. There are to be no split hours in hotels or restaurants. The position will be that people can get drink during the split hours by going to a table and ordering a meal. They may not have a meal, but they may drink the whole time, and then return to the bar when it reopens.

I think this is a retrograde step and unworthy of Deputies who face up to the facts seriously. I think Deputy J.J. Byrne, of North Dublin, and Deputy Rice, of North Dublin, could do better for the people of North Dublin and for the licensed trade if they tackled the problem of unemployment and the slums. If they forced the Government to do what Deputy J.J. Rice said he would do a few years ago, before he was elected for North Dublin, to build thousands of houses and take the people out of the slums, it would be better. I heard the Deputy speaking in Gardiner Street during the bye-election, and I almost got up to ask the people to vote for him, he looked so serious and as if he were in earnest. He stated that if he was elected the slum problem would be settled, because he had a definite guarantee to that effect from a Commission that was then sitting.

That puts it outside this Bill.

That settles that problem. I suggest it would be better for the licensed trade and for the labourers of North Dublin if he tackled this problem instead of trying to pull wool over the eyes of the licensed trade and get money for Party funds by trying to get a little measure like this through the House. Cumann na nGaedheal Deputies are loud in their talk to-night. Where were they last night when an industry was quenched out by the Government and thousands of labourers put on the dole? Where were they last night when an effort was made on this side to waken Deputies to this House? They were all silent. Deputy Rice had no interest in the coach-building trade, neither had Deputy J.J. Byrne nor the Minister. That trade did not count. It only concerned labourers. They came from the common stock, but of course at election time the licensing trade can be useful. I am sure we will have a speech from Deputy J. J. Byrne to-night for almost an hour. I am quite sure Deputy Rice will take his place to-night and speak and give us his views on this important question, on this great evil of publichouses being closed three days in the year out of 365. Is it such an awful disgrace for publichouses to be closed three days out of 365? Is it that we cannot afford it, that the licensing trade cannot afford it, that the people cannot afford it, that they would die of thirst if Deputy Rice had not succeeded in having it reduced to two days out of the 365? But I may be making a mistake. He may be one of those who are trying to pull the other crowd. He may be one of those who were going against the Bill in order to pull the temperance crowd or the clergy. We do not know at present but I consider that Cumann na nGaedheal Deputies have something better to do. There are things in the country which we should tackle and do in this House and to which support would be given by members of this Party and members on the Labour Benches and we are prepared to tackle these matters and have united action in tackling this problem, but we are not prepared to go out on a question of this kind and remedy mythical evils which exist in this country. If he would have common-sense and speak for the ordinary people of this country the Minister would withdraw this Bill. There are a few evils or hardships that affect the licensed trade seriously, the question of endorsement of licences and questions of that sort. We are prepared to tackle this and have these things which lean on the licensed trade remedied but we are not prepared to come up on a question of this kind at the present moment seeing the condition of the country is as it is.

I have listened now to the speech delivered by Deputy Clery. I leave it to the intelligence of the House to say was there a single argument adduced against the Bill which is under consideration. After a quarter of an hour's oration the only fact that emerged from the speech was that considerable injury had been done to the town of Ballyhaunis which Deputy Clery represents. He did not adduce a single argument as to why this Bill should be rejected. He spoke about everything under the sun except what was contained in this Bill. He spoke about Commission after Commission; not a single reference to a single clause, not a single argument to show why any clause in this Bill should be either accepted or rejected. He referred to the absence of the President from the House. The President's views on the closing on St. Patrick's Day, which appear to be the great bone of contention amongst the Labour Party and amongst Fianna Fáil, are already well known. They are already placed on the records of this House, and perhaps it would not be amiss for me to say that the President was an opponent—when this Bill was introduced by the late Kevin O'Higgins— of closing publichouses on St. Patrick's Day. There is no need for the President to be here to reiterate his views. If Deputy Clery had looked the matter up, the information was already on the records of the House. Remarkable speeches were made. A very well-reasoned speech was made by Deputy Fahy. I would like to pay him that tribute.

The speech that appealed to me was made from these benches, and that speech was made by a total abstainer, Deputy Bennett from Limerick. Could anyone hesitate to believe in the honesty and sincerity of that speech? Had he any interest in the licensed trade? Is he going to get any benefits, good, bad or indifferent, out of the attitude he took on this Bill, That is the kind of speech that is in the interests of the nation, and not the party oration which Deputy Clery has delivered. I would like to say that this Bill was being considered in a very reasonable way until Deputy Davin rose to speak. We have to make a little allowance for Deputy Davin. We know he is a little bit volatile in his disposition, and sometimes says a great deal more than he means. I do think Deputy Davin rather hit below the belt. Deputy Davin, in the course of his speech, wanted to know where there was a demand in the country for this Bill, and when Deputy Bennett rightly informed him that Deputies of this Party were as closely in touch with the aspirations and the needs of the people as other Deputies in this House, Deputy Davin repeated it. Why could not Deputy Bennett; or even Deputy J.J. Byrne, who has been held up to odium by Deputy Clery, be in a position to ascertain what the views of their constituents are? Are they not living in the heart of a densely-populated district? Are they not as well qualified to know what people want as Deputy Davin? I am speaking for the people of North Dublin. You can never legislate a nation into temperance by passing legislation in this House.

We have many examples of what penal legislation has been and a Bill that originally passed through the House had many penal clauses and although Deputy Daly was held up to a sort of ridicule for speaking— we all know he is an old-fashioned sort—yet a great deal of what he said was the plain, unvarnished truth. He went further. He went on to say that there would be a reduction of the licence and spirit duties and of the taxes when the Minister for Finance would balance his Budget. Does anyone reasonably think that statement would be accepted by this House? Let us accept the speech of Deputy Daly in the spirit in which it was made.

Deputy Davin made certain statements here to-night that I think on cooler and calmer reflection he will be sorry for. One of the statements he made was that this Bill was introduced to bring party funds into the coffers of Cumann na nGaedheal. My experience of Deputy Davin is that he is generally rather a reasonable and decent sort of fellow and he does not make those statements without some kind of proof.

The same to you.

Mr. Byrne

Deputy Davin never adduced a single word of proof to sustain that statement which should never have been made. It will not do Deputy Davin any good personally. It will not do the Party to which he belongs any good. Although, I suppose, the House knows I am not what might be termed a drinker, I would say that it is a gross reflection upon a very respectable body of men, the licensed trade. Deputy Fahy, in the course of his remarks, said that this Bill was remarkable rather for its omissions than for what it contained. I feel in hearty agreement with Deputy Fahy.

Did Deputy Fahy say that exactly? I was listening to him and he did not say that.

Mr. Byrne

He said the Bill is remarkable for its omissions.

That is a very different thing from what you said.

Mr. Byrne

He said that the Bill was remarkable for its omissions rather than for what it contained.

Deputy Fahy is not here, but I think he said "as much for its omissions."

Mr. Byrne

I do not wish to misquote the Deputy. It is quite sufficient for my purpose to say that he said the Bill is remarkable for its omissions. He went on to say, arising out of that, that one of the most important omissions from the Bill was the failure to deal with the endorsement and cancelling of licences. I remember when the 1927 Act was being introduced. I had no connection with this House then, but a rough proof of that Bill was handed into my hands by a member of the licensed trade who said, "Byrne, do you see that clause dealing with the endorsement of licences? What do you think of it?" He said, "You know something about the licensed trade." I said "That is the most scandalous clause that was ever incorporated in a Bill. If that clause becomes law in its present form a man who has a grudge against a publican can get a drink and bring it to a drunken man sitting at the end of the shop, and if that man is found with the drink the licence is endorsed, and two endorsements remove the licence." I agree with Deputy Fahy that that is a very serious drawback, and I do suggest that if an amendment can be incorporated in this Bill, to have power given to the District Justice, or the right to say whether or not a licence should be endorsed, it will have my support. I agree with Deputy Fahy and, as I say, I think everybody in this House will fully appreciate the spirit in which Deputy Fahy delivered his speech.

Let us come to what Deputy Fahy dealt with, the kernel of the whole Bill, and that is the closing on St. Patrick's Day. He said that there was a long campaign waged in the country to bring that closing about, and that the passing of this Bill and giving Sunday facilities on that day would mean a retrogression. He said, "I do not want to see scenes like what I witnessed in my boyhood." I am as old a man as he is, and I ask the question, is there any fear of scenes on St. Patrick's Day if this Bill passes.

Deputy Clery even admitted that the present happy position of sobriety which this nation enjoys was due to many causes. That was the only remark that I agreed with in the course of his whole speech. He pointed out what has been done by the Gaelic League and by other bodies for the upliftment of this nation, but if one thing has made for the upliftment of this nation more than another, it is the present price of drink, which is an absolute prohibition, and which is one of the greatest things that has tended to the present sobriety of this nation.

I agree with Deputy Fahy that the only thing about this Bill is that it does not go far enough. There is no man in this House who will not agree that you can easily go too far by measures of this sort, and that penal legislation on licensing matters will do more harm than good. I want to remind the House that when the original Bill was introduced it contained nothing about closing licensed premises on St. Patrick's Day. The Bill actually passed in the Dáil with a clause giving the publicans the right to open on St. Patrick's Day. It was only when the Bill went to the Seanad that an amendment was introduced to close on St. Patrick's Day, and that amendment was carried by a majority of one. I ask the Labour Party and I ask the Fianna Fáil Party should a majority of one in the Upper House keep the licensed premises closed on St. Patrick's Day? It would be much more important if a majority of one in this House closed the licensed premises on St. Patrick's Day.

Did not you bow to it?

Mr. Byrne

I was not in the House at the time, but I presume it had to be accepted.

By your Party?

Mr. Byrne

By our Party who were endeavouring to do the best between conflicting interests in the country, for which I am sure every reasonable man will give them credit. I need not refer to what I have already described as penal legislation. The example of America is before us. We have seen what prohibition has done for America. This namby-pamby rhetoric is without a scintilla of common-sense. I would like to point out that the licensed trade are a perfectly legitimate trade, that they are a trade who always acted well in the national interests, that they are a trade from which a very important revenue is drawn by this State. They pay very heavy rates and taxes. I think a sum of £119,000 per annum comes in from the licence duties to the revenue of this State. We all know that the licensed trade is passing through a very critical period of its history at the present moment. Anybody who knows the values to which licensed property has fallen will realise the period of depression which the licensed trade, in common with other trades, is passing through at the present time. Are they not entitled to relief which will do no harm to the morale of the people, which will do no harm to the temperance movement in this country, and which will do, perhaps, a lot of good. I am one of those who believe that a man should have a reasonable opportunity to drink or not to drink as he wishes. I am one of those who believe that this split hour closing in the middle of the day has been a greater hardship on the poor working man than on those with better means and better resources at their disposal. As I have already said, the fault I have to find with the Bill is that it does not go far enough. As regards this closing from 2.30 to 3.30 p.m., I hope it will be possible in the Committee Stage of the Bill to move an amendment to do away with it. I know, speaking for the City of Dublin, that it was never wanted. I know it has been resented and by no body of men has it been resented more than by the working men.

They get their dinner before 2 o'clock. They are not there then; they are at their work.

Mr. Byrne

A working man may want a drink between 2 and 3 o'clock. The whole argument in favour of retaining this clause is the long sitter, the drinker who comes in in the early morning and sits all the day. I wonder what man's pocket could stand that. Take any of us in this House. Which one of us could afford to sit in a publichouse from the early hours of the morning till the closing hours? That is just absurd. It is a ludicrous argument. I know on the North Side a certain road that cattle drovers are passing through to the country between 2.30 and 3.30 o'clock and these people have to go without getting refreshment of any kind. It is a concrete instance of how this Bill is operating against the working classes of this country. I hope that the House will pass this Bill. It is only doing a small measure of justice to a very important trade. I hope when it comes to the Committee Stage that Deputy Fahy will agree with me to wipe out the split hour. I do not know whether or not it will be possible under the title of the Bill to incorporate an amendment dealing with the endorsement of licences.

This Bill has had a most mysterious origin. We do not quite know whether it originated with the licensed trade or with certain Deputies on the opposite side who have, according to the Press, aspirations for higher positions and are anxious to advance their claims to judicial honours. If these Deputies are going to persist in advancing their claims to judicial honours, and if they succeed in setting up this Bill as a triumph for their statesmanship, they can be well assured that there will be, at least, one grateful interest in the Twenty-Six Counties which will strew their paths to the judicial benches with bouquets of flowers. But, as regards the ordinary working man, about whom so many crocodile tears have been shed to-night, I doubt if he can find very much room for gratitude to a House, to a Government, or to a Minister that stands over a measure of this kind and demands that our attention should be given to it until such time as it is disposed of, when, as Deputy Clery pointed out, matters affecting the bread and butter of every citizen, and for which we here are responsible, are pigeon-holed in the different Government offices. We had, as Deputy Clery pointed out, various Commissions which reported on matters far more important to the country than this, and which require urgent attention, matters affecting the farming community, affecting town tenants, affecting the cost of living to ordinary labourers. We do not hear a single word about these Commissions, nor do we see the Minister or his colleagues taking up the attitude that the recommendations of these Commissions are going to be carried into effect. But, because a small body of individuals, called together hastily to try to placate this interest, have seen fit to introduce a number of recommendations we are told that the House must now take what we, at any rate, consider a definite step backwards.

Deputy Fahy has called attention to the fact that twenty years ago the Gaelic League set in operation a boycott of licensed houses on the national festival and compelled them to close. The Gaelic League stands for the same thing to-day, and so does the G.A.A. I was very proud to read that the Leinster Convention of that splendid body of young Irishmen had protested against the attempt to turn the clock backwards and to revert to the old manner of celebrating our national festival. That an attempt should now be made to revive the idea of St. Patrick's Day as "the day we celebrate,""the drowning of the shamrock," and all that kind of thing, and that the national ideals that so many Irishmen have struggled and fought for in the last quarter of a century—that the clock should now be definitely set backwards, and that we should set all at nought and take this retrograde step, which in itself may not be a very big one, but which nevertheless is a step backwards, and which will probably lead to further steps back-wards—that that should happen at this stage of our existence in a country which has boasted so much of its freedom and independence and of the tremendous importance that it holds in the religious life of the world, that such a thing should happen is certainly an extraordinary commentary on Irish ideals. The only explanation is that this is simply and solely a political move. Under the guise of protecting or helping the licensed trade, an effort has been made by the Government which finds its forces scattered and finds itself in a weak position to attempt to put up a camouflage to persuade that trade that in fact something valuable is being given to them, that some great contribution is being made to alleviate their present position, and that in fact something is being done to improve the position of that trade.

Everybody knows that this measure will not improve the conditions in that trade. There is first, as Deputy Clery pointed out, the general condition of the country. Money is scarce, depression exists, and that is the first thing that the licensed trade suffers from. That can only be remedied by this House attending to the economic problems which confront us and striving to settle them, and by our preparing to meet this economic blizzard which, we are told, is not alone blowing now but will blow for some years to come. The best way we can restore prosperity to the licensed trade or restore it to the community in general is by setting out to build up and develop the resources of the country.

There is also the matter of the reduction in duties. Our attitude in that matter has been stated. We cannot see that the taxpayer at present can afford to give one and a half million pounds in the form of subsidy for the sake of a penny reduction in the pint of stout. We cannot see that it is reasonable. We are not alone in that. The Minister for Finance has constantly steeled his heart against all the appeals of the licensed trade. My friend Deputy Daly has time after time, with some of his colleagues on the Cumann na nGaedheal Benches, asked for some alleviation of the tax on drink, and the Minister has only steeled his heart and told him that such a thing is impossible. There is the other point which might have brought some relief to the licensed trade, and that is the provision for compensation under the 1927 Act, to which Deputy Daly has rightly called attention. Deputy Aiken asked the Minister for Finance last year, when he introduced a small Supplementary Estimate of £300, to cover outstanding expenses in connection with compensation for licence holders what the position was, and the Minister stated: "After our year's experience of the working of this compensation clause we are giving up the proposals for a year in order to examine the position; we are, therefore, only applying for a small sum of £300 to cover expenses, and we are going to start off again in September." September has come and gone and very many months have passed since, and still there is no sign from the Minister for Justice or the Minister for Finance that this matter, which every publican has expressed himself as being interested in, and which the licensed trade in general regarded as a remedy which might relieve the situation by removing a large number of the redundant public-houses—not a word has been said about it, and there is no indication that the Government are going to pursue the forward and progressive policy that we expected from them in that matter. I say that so long as these questions are not tackled then to talk of the present measure being anything in the nature of a real alleviation of the depressed condition of the licensed trade is simply trying to camouflage the whole issue and throw dust in the eyes of those who, as we all know, are finding it difficult to make ends meet, but, unfortunately, seem to have no alternative employment open to them.

Deputy Clery has also called attention to a very important matter in this Bill which has often been brought up before whenever this question of the licensed trade was discussed, and that is the question of the bona fide traffic. Does any Deputy on the Government Benches honestly believe that he can persuade this House that this privilege or concession which it is now sought to give the country publicans by enabling them to open during the same hours on St. Patrick's Day as on Sundays is either going to be of benefit to the trade or to the ordinary labourer or farmer? The people living in the immediate vicinity of these houses, whether in towns or villages, cannot avail themselves of the opportunities of getting drink on St. Patrick's Day. They will not be bona-fide and, in fact, there is no real concession of value to the trade in this. I am quite certain that any publican, either at a cross roads or even at a church, or in a small town, will agree that this is no real concession whatever.

The only thing about it is this: as Deputy Fahy pointed out, it is the thin end of the wedge, and by giving a vote in this House in favour of retrogression, and the opening on St. Patrick's Day you are doing a thing that once commenced there is no knowing where it is going to stop. Pressure is going to be applied on all sides to all Deputies and the attention of the House instead of being devoted, in the coming months or years, to present-day problems to which all its time and attention should be given will find its energy dissipated in fruitless discussions upon future concessions to the licensed trade. It has been well and truly said that when this law which has been in operation for a number of years, whatever the hardship it may have brought upon individuals or interests of the community initially, nevertheless when it was in operation for a number of years and without any general demand for its repeal the Government would have been well advised if they left well enough alone.

We know that the Vintners' Assistants' Association are strongly against the proposed opening on St. Patrick's Day. We know that 1,200 or 1,500 young men engaged in that industry claim that since they had only been getting two days they should get this extra one, and they point out also that the three hours' opening in fact means nothing; that as far as the publican is concerned in the City of Dublin he would cherfully open at 2 o'clock in the morning if he could make anything out of it. The three hours therefore would inflict hardship upon these young men who are the backbone of the national and Gaelic movement, and who would be up in Croke Park on St. Patrick's Day trying to divert the attention of the population to more congenial and national pastimes than sitting in publichouses if they are not sent back to the publichouses to work on St. Patrick's Day. And I maintain that any income that the publican and the trade will get—if what we hear from the Government Benches is true, that there is a great change in the country and that people are not drinking as much as they used to and that there is no fear of a reversion to what we were used to many years ago—will, if that is so, be negligible and if there is not to be an orgy of drinking on St. Patrick's Day then what is the necessity of opening the publichouses at all? If there is not going to be a considerable amount of drinking there is no great benefit to the licensed trade in opening the publichouses on St. Patrick's Day. The only advantage in opening the publichouses must be supposed to be that you are to have as well as a large number of poor people in Dublin, a large number of visitors attracted to the City and that these people are going to drink on that day. If that is so, it simply means that we are opening the door not to something temperate and moderate and reasonable, but we are simply telling all these people that we have opened the publichouses in order that they may go and drink as they can.

The split hours have also been referred to. We take that, as Deputy Fahy pointed out, to be a piece of class legislation. We believe that hotels and restaurants have quite sufficient facilities already. The matter is a very small and insignificant one, but, just the same as the question of opening on St. Patrick's Day, it is a beginning. It is quite obvious that Deputy Daly and the trade he represents do not consider this Bill of much importance, that it is only a beginning, and they are satisfied that they have got the Government into the position that they are forced to turn back upon the work done by the late Minister for Justice. They are assured of bigger things in the future, and they are not prepared to carp or criticise to any great extent at the moment. You are going to give the restaurants this hour in the middle of the day; you are going to enable a gentleman who is not able to finish his lunch and to order his drink before half-past two, another hour in which to order it. At the end of that time, if he is thirsty he will be allowed to go down to the bar and continue there for the evening. I think it is simply preposterous. If you admit that, you cannot in conscience and reason deny to the carter or labouring man at the North Wall the right to go into the publichouse and have his snack and bottle or pint of stout. You are opening the door, and the moment you do that the pressure will become so very great that you will be forced to go further. Once you admit there is reason in this, and that it is a question that must be reopened, and not now definitely closed, but that anybody can, at any time, reopen the whole matter again, you are letting yourself in for any amount of trouble and difficulty. It would be a very good solution of the question generally if a provision was made—I am not a lawyer, but I understand that there is in the licensing code a provision which a number of respectable publicans in the trade try to adhere to— that is, to insist on supplying the worker and the labouring man with food at the same time as he was taking drink. If that provision was carried to its logical conclusion, then well and good. There is some hope in that of reforming the licensed trade on a proper basis, but to suggest that you should make one law for the man in the restaurant, who can spend hours over his meal, and exclude the other class of case because a man cannot afford to go into a restaurant, is simply preposterous. Before Deputies agree to pass that into law they should remember that if they admit that principle in the one case they will inexorably be compelled to admit it in the other.

Deputy Davin very rightly called attention to the point to which attention was also called by the Vintners' Assistants' Association, and that is, that if they could have the concession they asked, and which, I think, to some extent the licensed trade was pledged to give, that is, that there was to be a definite understanding that all bank holidays should be put upon the same basis as Sunday—if they could have got that extra time off they were willing to accept that, but because that principle was not agreed to, of closing on all bank holidays as on Sundays, they naturally and very strongly objected to the proposal that St. Patrick's Day should be an opening day and that they should have to go back to work for one of the only three days that they have off, and that nothing is done to try and close, for at least some time, on other bank holidays.

There is one other matter that we think deserves attention besides the question of endorsement that Deputy Fahy referred to.

No doubt the question of endorsement is one we are prepared to consider as sympathetically as we can, but we are not prepared to consider it in the company of such provisions as that of the reopening on St. Patrick's Day and the abolition of the split hour. We want to call the attention of the House to another matter, and that is the question of the opening of licensed premises after midnight on Sunday night. We see here a flaw or a deliberate omission in the Intoxicating Liquor Act of 1927. It appears that not alone publichouses, but hotels throughout the country, can open for bona fide drinkers after midnight on Sunday night. We are told by those who have knowledge of the circumstances that what happens is that when a dance or some other pastime is over, or perhaps during the dance, the boys who have been drinking perhaps until 8 o'clock in the evening come along after 12 and go to the publichouses, which we understand are open to receive them if they can be said to be bona fide travellers.

We know that the bona fide laws are supposed to be very strict and in fact if a policeman calls even if you prove you are a bona fide traveller, if he should call again in a quarter of an hour you will then be no longer a bona fide traveller. You are then a loiterer on the premises; you will no longer be able to say you are a bona fide and you will be prosecuted for a breach of the law. In order to administer properly this law regulating the licensing of clubs, and the prevention of facilities to golf clubs to become drinking dens, you will simply require an enormous police force working at night as well as in the day-time. I think it would be physically impossible for the police, who, I must admit, have done their best, as far as I am aware, to carry out the law, to track all these so-called bona fide people who go into publichouses or hotels at 12 o'clock on Sunday night and stay there until all hours on Monday morning. There is no reason why publichouses or hotel bars should be open after 12 o'clock on Sunday night any more than after 12 o'clock on Saturday night.

There will always be the argument that you may have individual cases of hardship and that you want to make provision for people attending fairs or markets or travelling on business. We are quite prepared to consider that. There is at present a system by which publicans can get occasional licences where fairs are held or where for some reason a crowd is likely to gather and people may want refreshments. That is a matter that can be dealt with by the District Justice. You may, however, have a state of affairs which may not be prevalent in some parts of the country but which is a great and growing evil in other places that are associated with the dance halls which we hear so much about. I submit that those dance halls might not nearly be so harmful as is alleged if publichouses did not exist side by side with them and if the people attending the dances were not permitted to visit the publichouses on Sunday nights in the way I have mentioned. We believe there may be exceptions and that it ought to be possible, while ending that grave evil which we suggest is very bad and dangerous and which has reached alarming proportions in certain parts of the country, to leave adequate safeguards for people who are travelling on business or who are compelled to be out at abnormal hours legitimately and who should get refreshments if they wish to get them. It ought to be possible to tackle and eradicate the great evil I have mentioned, while admitting necessary safeguards. We believe that definite steps should be taken to remedy this situation. Definite steps should be taken to remedy the omissions in the 1927 Act.

I do not agree with the speakers who say it is a reflection on the national character that publichouses are closed on St. Patrick's Day. We have to recognise that we have particular circumstances in this country, and that there was a time when we were not above criticism. We have to recognise that this is a matter in which our personal feelings or predilections must not reign supreme. We must try to give a good example to the country, to set a proper headline. We must show that we are in earnest in this matter. It may be hurled at us that if we refuse to open on St. Patrick's Day it can be taken as an indication that the Irish people are not able to look after themselves and they have not the spirit of self-respect necessary to sustain them. I contend that by undoing what has been done already, by upsetting the law that has proved so satisfactory and in regard to which there has been no public demand for a repeal, we would be in danger of losing our national spirit of self-respect. It would indeed be a retrograde step if, because of some demand from vested interests in this country, we were to undo all the good that has been done. If we do that I do not think we could do anything that would be a greater reflection on our national character. The whole matter is closed and done with, and in the name of God let it be so. We are now approaching a time when an important religious function will be held in this country, and I say if this whole question is to be reopened it will do harm to the country, not alone socially, but it will tend to give Ireland a very bad name internationally.

Deputy Davin, in the course of his observations on this Bill, was curious to know from what source the inspiration came for the introduction of the Bill. I thought Deputy Davin would have remembered that a Commission had inquired into these matters in 1929. He referred to the indecent haste with which this Bill was introduced. I do not think there was any indecent haste in introducing a Bill in the year 1931 upon recommendations made by a Commission in 1929. Deputy Davin was curious to know what were the sources from which the Government got the inspiration and at whose suggestion this Bill was introduced. I would like to remind Deputy Davin that the Commission was a very representative body and it included in its ranks a leader of the Labour Party. I may say, without meaning any offence to Deputy Davin, that that member of the Commission is much more prominent and more representative of Labour than Deputy Davin himself. I refer to Senator O'Farrell. If Deputy Davin will take the trouble to look at the report he will find that it is signed by all the members of the Commission, including Senator O'Farrell. One of the recommendations was a reiteration of the recommendation which the Commission sitting in 1925 made in its report, that St. Patrick's Day should be treated for licensing purposes in the same way as Sunday.

A speaker on the Fianna Fáil Benches, whose name I understand is Deputy Clery, deplored the absence of Ministers from the House during the course of the debate; he wanted to know why they were absent. I wonder does the Deputy think that Ministers should be compelled to remain here to listen to the kind of nonsense that he treated the House to to-night? He deplored the absence of Ministers and the long vacations, as he called them, which this House has had. I wonder did he look around at the benches occupied by members of his own Party, and did he count how many Deputies were in attendance on his own side during this session, and how many voted in this House yesterday. We heard moaning about what happened in the debate yesterday, but as the President pointed out last night, no support was given from either the Fianna Fáil or the Labour Benches to the motion moved by Deputy Lemass.

Do not try to cover it up in that way.

It is not in order to discuss what happened last night, but as Deputy Clery made an allusion to it, I am bound to allow Deputy Rice to make his allusion now. I hope that will finish the matter.

There will be more allusions.

No, the Deputy may take it that no further allusions will be allowed.

The last speaker on the Fianna Fáil Benches, Deputy Derrig, referred to the scattered forces of the Government, and to the weak position of the Government. I wonder what the Deputy meant, if he is truly reported in his speech last Sunday in Dun Laoghaire, when he told his audience in despair that the last effort his Party would make to put this Government out of power would be at the next General Election, and if they did not succeed then that they were going to withdraw from the Dáil. The same Deputy refers to the expenditure that would be caused by a decrease of one penny to the consumer in the price of stout. He said it would cost one and a half million pounds. That is the kind of loose thinking the Party opposite indulges in, and the kind of nonsense they talk in the country. The figure he gave was three times at least as much as the expenditure would be, but, of course, the difference to a financier like Deputy Derrig, between a half a million and one and a half millions is a matter for little consideration. The House remembers what Deputy Derrig introduced here, the freak Land Bill.

What about the Town Tenants Bill?

Or the Committee for the relief of unemployment of which Deputy Rice was chairman?

This Bill has been described as a Bill to make minor amendments in the licensing laws. The only one I want to refer to is the amendment dealing with St. Patrick's Day. That is an amendment that has been recommended in two reports by the Licensing Commission. It was recommended in the Report of the Licensing Commission in 1925 and it was recommended by the Commission that had been set up in 1929 to consider these matters. No person who reads the report and recommendations of the Commission in 1925 or in 1929 can accuse them of any bias in favour of the licensed trade. Deputy Davin wants to know why the Minister did not deal in this Bill with the recommendation in the report to treat bank holidays in the same way as Sundays and St. Patrick's Day. Deputy Davin is long enough in this House to understand the elementary principles of the proceedings here and apply his mind to them. If the Deputy will read the terms of reference to the Commission he will see that the Commission had no authority whatever to go into the matter of bank holidays.

Yet they made recommendations on the matter.

They had no authority to make them.

Mr. O'Connell

They had no authority to make any recommendation except what the Minister wanted.

No Commission has any power to speak on any matter except what comes within their terms of reference.

But the Minister is not debarred from acting on it if they do make such a recommendation.

The Minister will answer for himself. He is not expected to act on a recommendation which is made without authority.

Without the Party authority.

There are two attitudes of mind in connection with St. Patrick's Day that I can understand. One is the attitude which is openly, plainly, prohibitionist, that this intoxicating liquor should be banned from the State just as in America. That is one attitude of mind. The other is the attitude which was voiced by Deputy Fahy. As Deputy Murphy said, there is the fear in Deputy Fahy's mind that the people of this country will make beasts of themselves —to use Deputy Murphy's own phrase. That is, as I suggest, another example of the inferiority complex in the minds of the Deputies opposite. They can see nothing good, they can see nothing manly in the people of this State. They cannot attribute honesty, sobriety or any manly virtues to the people of this country. The only explanation of their attitude on this subject is that they think if licensed houses are opened on St. Patrick's Day the people will indulge in intemperance.

Will I be allowed to correct the Deputy? In the first place, the chief reason I gave for opposing this Bill was that it would be national retrogression, and, in the second place, I did not say that opening on St. Patrick's Day would lead to disgraceful scenes. I said, just as Deputy John Daly said, that this was the beginning, and it would lead to total relaxation of the licensing laws on St. Patrick's Day, and that would be followed by disgraceful scenes.

I do not want to misrepresent what the Deputy said, but he referred to the scenes he recollected when he was young.

I did not say that there would be disgraceful scenes on St. Patrick's Day.

Mr. Byrne

The Deputy feared a repetition of them.

I leave it to the common-sense and the judgment of the House whether the plain implication and the meaning of the Deputy's remarks was not that if we allowed opening on St. Patrick's Day we were liable to have a recurrence of these scenes.

I did not say any such thing.

Is not that the only meaning that could be taken from the Deputy's remarks?

I gave it to you in plain English, for Irish would not be understood by you.

As regards the evidence given to the Commission in 1929, one of the witnesses was the senior justice for Dublin, Mr. Cussen.

He is the gentleman who, as everybody knows, is strongly in favour of temperance, and he dealt with this subject of opening on St. Patrick's Day. In the course of his evidence he said: "Personally, I consider the provision for a total closing on St. Patrick's Day rather a reflection on our national character as regards sobriety on that day." His attitude was that the people of this country are fit to be trusted on St. Patrick's Day as on other days. I repeat that the observations from the opposite benches to-night are a reflection upon our national character; they as much as suggested that the people are not able to control themselves on a national holiday. In a former debate on some kindred subject I said here that the habits of our people have been completely changed since the younger days of many members of the House. Insobriety is an unusual occurrence in this country.

I have seen it in this House.

It is an unusual occurrence in this country. The people's habits have been completely changed. The national self-respect now is such that a person taking too much drink is frowned upon by his neighbours. I contend there is no great danger in allowing the people plenty of liberty on the national holiday just as on other days. For the reasons I have given I intend to vote for this Bill.

I have listened with a great deal of interest to the debate. The speaker who has just sat down has tried to define the attitude of mind of the people who oppose this Bill. He put them into two classes. Possibly it is just as well that one should make clear his attitude of mind at the very start, so that there would be no doubt about it in the mind of anybody else. I am one of those who believe that if the drink traffic did not exist in this country it would be all for the country's good. At the same time I recognise that this House, in regard to the sale of drink, must recognise that those who keep within the law have definite rights of citizenship. I do not profess to understand the motives for the introduction of this Bill. I merely want to talk about the Bill as it stands. I do not think anyone in this House, or outside the House, can look on at the huge expenditure in this country on intoxicating liquor and not feel that it is a serious problem at a time like this, when there is unemployment and scarcity of money.

[An Leas-Cheann Comhairle took the Chair.]

The clause which has raised most discussion is that relating to the opening on St. Patrick's Day. I come a good distance in order to get to Dublin and I confess that only in this city have I heard a word from anybody about changing the law in regard to St. Patrick's Day. I know a good many in the trade and, though I am not a customer of theirs, I am aware from what they tell me that they do not want to be bothered with the proposal that is now put forward here for consideration.

Neither from the Minister himself nor from his supporters have we heard any argument in favour of a change. I have been reading the existing Act, and it seems to me that it does not prohibit anyone who comes to a football match or other gathering from a distance from getting refreshments. That, at least, is my reading of it, though I am open to correction, that a bona-fide traveller can get refreshment in the way of a meal at any time.

You can get a meal at all times. We have not come to that yet.

Someone said that he objected to the restrictions, as they interfered with one's freedom, but I suggest that there is no law passed, here or elsewhere, which does not encroach on someone's freedom. It is a natural consequence of all legislation and of modern civilisation that any law will operate more or less in that way. Deputy Fahy said that it was a reflection on the Irish character to find ourselves discussing this question at present. Even representatives of the licensed trade who spoke to me to-day referred to the benefits that had accrued from less drinking. Surely no one in this House or in this State is of opinion that benefits will accrue by opening on St. Patrick's Day. Someone has said that we have nothing to thank the Government for in regard to their restrictions in respect of the licensing laws. I am not an authority on these things, but I think that the member of the Government Party who has gone to his reward and who first introduced licensing legislation here was regarded by most people as having accomplished a great deal. There have been many leaders in Irish history, people like St. Patrick himself, Father Mathew, and others comprising all denominations who tried to uplift the country. Their activities, and also the increased price of liquor in recent years, have combined to make the country more sober than it was in the days to which Deputy Daly and others have referred.

I do not think that we can claim that any one of these particular things has accomplished everything, but taken jointly they represent a great step forward in these matters. Like other Deputies, I say that the Bill is remarkable for the omissions. I do not think that anyone has referred to an omission which I have noticed. In one paragraph of the Bill reference is made to a change from an on-licence to a spirit grocer's licence. I would have thought from the evidence before the Commission, and also before the Minister, that steps would have been taken to do by legislation what many traders have done voluntarily, namely, to separate their premises so as not to have the sale of drink and the sale of provisions conducted in the one house. I think if that were done it would be a big step forward and would be fairer to other people in the trade. There are a number of other things which one might say about this matter, but I do not intend to speak at greater length. Somebody has said that the temperance people are faddists, but I submit that those who accomplish anything in any country are enthusiasts, and that people who are lukewarm on any subject never get anywhere. It is the people who direct their enthusiasm in advocating what they believe to be right who have accomplished anything. I am not speaking on behalf of anyone but myself, and I will oppose the Bill.

I move the adjournment of the debate until to-morrow.

Debate adjourned.
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