asked the Minister for Justice if in view of the recent decision of the Supreme Court that area exemption orders granted prior to the Intoxicating Liquor Act, 1960, were valid during the summer of 1960, despite the fact that he assured the House that his legal advisers informed him that such orders would expire on the Act becoming law, he will now refund to the publicans the stamp duty paid by them on such exemption orders; if he will introduce legislation to wipe out all endorsements on spirit licences during such period; and if he will refund fines imposed by the Courts.
Ceisteanna—Questions. Oral Answers. - Area Exemption Orders.
53.
There is no connection between the Supreme Court decision and the question of a refund of fees and I am not prepared to recommend a refund. The fee paid for an Area Exemption Order was the same whether it applied to one Sunday or several and the publicans concerned had the benefit of the Area Exemption Orders up to 4th July, 1960. If any publican had paid a fee for an Area Exemption Order which was not due to come into effect until after 4th July, that would, perhaps, be a different matter but my Department received no complaint that that had occurred in any area.
I am not aware of any case where a publican was convicted for a breach of the licensing laws on a Sunday after the passing of the 1960 Act in circumstances where he was acting within the terms of an Area Exemption Order granted to him before the passing of that Act. If, however, any such case is brought to my notice I shall consider what steps should be taken to remedy the situation.