I wish to refer to the discussions we had on this section when last the Bill was before the House. I have been reconsidering the section in the light of the comments made about it on that occasion. As it is at present, the section is designed to cover the case of a person who goes to a hotel without special contract. A hotel proprietor is bound to receive such a person. If the person has a special contract, the duty to receive arises out of the contract itself. However, if the hotel proprietor refuses to receive under the contract, the prospective guest could fall back on the statutory duty to receive. As I understand it, that is the existing law.
I agree, however, that the section as drafted does not make that intention quite clear. Furthermore, I am now satisfied that the statutory duty to receive should apply to all persons, whether or not they come under special contract. In the case of a special contract, the proprietor may, of course, be bound under the contract to provide accommodation, food or drink and provision will have to be made separately in the section for such a case. I hope to bring in an amendment on Report Stage which will clarify this section in these two respects.
Representations have been made to me by the hotel industry about the use of the term "reasonable prices" in the section. I think some reference may have been made to this matter when last we were discussing the section. The provision about prices as at present drafted is a restatement of the existing common law, the object being to ensure that a hotel proprietor will not be able to evade his duty by offering facilities at a prohibitive rate. However, the hotel industry claims that the obligation to supply accommodation, food and drink at reasonable prices could be invoked by troublesome or unscrupulous persons to create difficulties for them and could be used by such people to upset the normal running of the hotel.
Furthermore, they say this provision is unnecessary nowadays because these matters are regulated by Bord Fáilte and the maximum charges of all hotels registered with Bord Fáilte are published in accordance with the requirements of the Tourist Traffic Acts and a hotelier who exceeds the published charges incurs the risk of having his registration terminated by Bord Fáilte. I am considering the representations which the hotel proprietors have made in this matter and I shall be introducing an amendment on Report Stage to cover the point. It is not that I do not think that the term "reasonable prices" as it is used in the section is suitable and adequate but that I wish to allay the fears and the worries of the hotel proprietors more than anything else.
