I move:—
That Dáil Éireann is of the opinion that (a) the present system of bona fide licensed trading should be completely re-examined with a view to correcting existing abuses, (b) the normal opening hours in the trade should operate throughout the country on St. Patrick's Day, and (c) the present licensing laws should be amended so as to enable rural dwellers to enjoy the same facilities as are at present afforded to city residents: Dáil Éireann accordingly calls upon the Government to introduce forthwith the necessary amending legislation to this effect.
I do not know whether we can hope to have the same agreement amongst the Deputies on this particular motion on the Order Paper. I can assure the House that, as far as I, personally, am concerned, I am only trying to help the Government in my own small way in connection with a matter that is of great importance. This motion that is before the House is in three sections. I know that there are Deputies on both sides of the House who disagree violently with my suggestions in connection with one or two sections but there is at least one section that will appeal to Deputies on all sides of the House, and if we have agreement on one part I see no reason why the part on which there is agreement cannot be dealt with. The last attempt made in this House to overhaul and improve our liquor laws was made in 1948 by way of Private Members' Bill sponsored by the one and only Deputy Corry.
The Bill introduced by Deputy Corry dealt with only one aspect of this serious problem and that aspect was the injustice that is meted out to the rural dwellers in the matter of Sunday opening hours. His Bill was defeated by an overwhelming majority because Deputies on both sides of the House felt that there were too many issues involved and the only satisfactory way to deal with the problem was by Government action. Many Deputies were strengthened in that belief by the statement made by the then Minister for Justice. Many of the Deputies felt that it was envisaged by the Government that our licensing laws would be overhauled because the then Minister for Justice, Deputy MacEoin, stated, at column 235, Volume 114 of the Official Debates of the 17th February, 1949, with regard to Deputy Corry's Bill:—
"He (Deputy Corry) knew perfectly well that the Department of Justice were examining, and are examining, the whole licensing code. He was told that then, but Deputy Corry saw fit to introduce that Bill and he sees fit, for some reason, to introduce this one now...."
That statement was made by the former Minister for Justice and it led me and others in this House to believe that the Department of Justice were actually engaged in a thorough investigation and examination of the licensing laws with a view to preparing a report for consideration of the Government. That statement was made by the Minister on the 17th February, 1949, six years ago. We all know how painfully slow Government Departments are in preparing legislation, and so forth, and I do not think that there is any Deputy who will disagree that a period of six years is sufficient for any Department to prepare its information for submission to a Government in the form of a report.
In view of the fact that in the last six years no amending legislation or no report has been submitted to this House, I felt it would not be unreasonable on my part to submit a Private Members' motion here in order to bring the matter to the immediate attention of the Government. In moving this motion, I am mindful of the many difficulties that beset a Government in their efforts to bring into operation wise and beneficial licensing laws. For that very reason I have drafted this motion in a broad way so that the Government may take the necessary steps. As I have already said, the motion is in three parts and I feel sure, although all Deputies may not be in agreement with me on all three sections of the motion, that, at the same time, there is something that will appeal to most, if not all members, within its terms.
There is, I might mention at this stage, an amendment here that might appeal to Deputies as being a more reasonable method of dealing with this problem. I am sure the mover of that amendment will give his own reasons, but very briefly I propose to give a few of the reasons why I have submitted this motion in three sections.
The first part of the motion, namely, that the present system of bona fide licensed trading should be completely re-examined with a view to correcting existing abuses, is to my mind the most important part.
The history of the bona fide trade goes back a long way. It is a feature that was introduced here when travelling was really travelling. A day's journey at that particular time was a formidable undertaking. It was very often arduous and caused hardship on the individuals who were making the journey. What was a day's travelling at that time is only an hour's journey to day. We can all accept that the motor-car has indeed brought about a big number of changes.
On the last occasion that a Bill dealing with the licensing laws did go through this House—I think it was in 1943—it was decided then by the Minister for Justice to continue the bona fide laws as a form of experiment—a form of further experiment. That is very important to remember, that the bona fide laws were included in the last legislation that passed through this House as an experiment. The whole idea behind the bona fide laws was to allow a traveller to strengthen himself while on his journey. It was never envisaged that a person would specifically set out on a journey for the purpose of having a drink. That practice has now grown up and we have a very large trade carried on in the sale of liquor under the guise of bona fide.
In and around Dublin we have a rash of bona fide houses where trade really begins when the city public-houses close. We have a picture here in Dublin of the lounge bars where people drink until the normal city closing hour. At the normal closing hour here many of these people, in good form, or in merry form, ready for anything, depart for the bona fide houses. They normally pile into their own cars with their friends and head for those public-houses which have the right to trade up to 12 o'clock. Now, these people—I do not say the majority, but many of them—drink pretty hard up to 12 o'clock. Very often it is a matter of competition to get as many drinks as they can down before 12 o'clock, and it is no exaggeration for me to say that many of these people, after finishing at 12 o'clock, are unfit to drive their cars back home. From 12 o'clock on we have in many areas a procession of murder machines on the roads back to Dublin.
I think it is an extraordinary situation that in many of these premises, these bona fide houses, that the quiet, decent, respectable citizen who is having his pint without causing trouble to anybody has to be turned out at the normal closing hours of 10 or 10.30 from his local public-house and that he is replaced by a group, very often of tipsy individuals who have travelled out for the sole purpose of having a drink in that particular pub. Of course, Deputies may say that this respectable, quiet man who is having his pint may, if he so desires, after leaving the local pub travel, if he has a car, three or four miles and that he then is entitled to more drink. That may be, but they all have not cars.
To my mind, this question of travelling in order to keep within the letter of the law is a real game of musical chairs as far as the law is concerned. It would seem to me, at any rate, that quite a large number of the people who indulge in the bona fide trade—and when I say “indulge in it” I mean from the consumer point of view—have money to spare and I have no objection in the world to the Government relieving them of any spare cash they have in the form of taxation. I do not want to deprive people of their legitimate entertainment, but I also believe that we have responsibility to other people and that the welfare of the ordinary members of the community who are not lucky enough to have this spare cash has to be taken into consideration.
One of the biggest problems arising from this trade, and I do not think anyone will deny this, is the danger of serious accident. There have been Dáil questions asked from time to time dealing with fatal accidents that have occurred on our roads and very often it is significant to note where these accidents take place and the times at which they take place. While that is all I have to say in connection with the first part of the motion, I have a suggestion to make in connection with it. It is to extend the licensing hours in all areas in the hope of eliminating this problem of chasing from one licensed premises to the other in order to keep within the letter of the law. There are Deputies in this House who may not agree with that solution, and I am only putting it forward as my own view; but at any rate I think most Deputies will agree that there is an abuse there and that it is up to us to see what is the best way of dealing with the problem.
The second part of the motion is one that is likely to cause a certain amount of controversy. I make no bones about it at all. It is that normal opening hours in this trade should operate throughout the country on St. Patrick's Day. I will make apology to nobody for that. There are Deputies and plenty of people outside this House who may disagree entirely with my view on that, but I would like to have on the record of the House what I think of it and the reason I think the law should be amended in that respect. It is a well-known fact that more Irish people celebrate St. Patrick's Day outside of Ireland than in it. I quoted the Bishop of Cork last week where he said it was a shame that so many of our people had to celebrate St. Patrick's Day outside the country. I do not for a moment suggest that his lordship's suggestion was that they should celebrate it in the manner indicated in this part of my motion. He was not dealing with it in that respect. But, I believe that many of our exiles abroad have a drink as part of the celebration of St. Patrick's Day and they are none the worse for it.
In this country there is a restriction on the sale of liquor on Good Friday and other days. I am all for that, but I do not think that anybody should compare for a moment our feelings on Good Friday with our feelings on St. Patrick's Day. Tourists arriving in this country are under the impression that St. Patrick's Day is a day on which all Irishmen enjoy themselves, but they soon find that it is a day of gloom.
