asked the Minister for Justice if he has any proposals to amend section 47 of the Intoxicating Liquor Act, 1988; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Intoxicating Liquor Act.
52.
I have no plans at present to amend section 47 of the Intoxicating Liquor Act, 198.
May I ask the Minister if he has made an order bringing that section into being? Arising from his reply, I am sure the Minister is aware that there is a technical difficulty in the section, which I think was introduced on Report Stage, in so far as off-licences may sell cigarettes and tobacco across a counter but that this is not the case in a supermarket where there is a separate liquor counter. One cannot sell cigarettes or tobacco over that counter. This is causing difficulties and is impracticable.
I accept the validity of the point raised by Deputy Seán Barrett in his supplementary question. There are various implications for the tobacco industry in particular and I thank the Deputy for being gracious enough to point this out to me by way of a letter which I received recently. An order has not been made under section 47 and I have already had discussions with representatives of the trade with regard to practical difficulties. I believe these practical difficulties can be overcome and I would like them to be overcome so that the full effect of the legislation might be enforced, bearing in mind that this section had the unanimous approval of the House during the course of the debate. I will report to the House in due course. I want to say further that it is not my intention to make an order before Christmas bearing in mind the effect it might have on the Christmas trade and the difficulties it would cause for both sides, the customers on one hand and owners of shops and supermarkets on the other hand. The matter is presently being discussed between officials of my Department and people from the trade with a view to overcoming these difficulties; which I believe we can overcome.