Dáil Éireann díospóireacht -
Tuesday, 7 Nov 2023

Vol. 1045 No. 1

Extension of the Civil Law (Miscellaneous Provisions) Act 2021: Motion

Minister of State at the Department of Justice (Deputy James Browne)

I move:

That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a further period of six months, beginning on the 1st day of December, 2023 and ending on the 31st day of May, 2024.

I am introducing a resolution on behalf of the Minister for Justice, Deputy McEntee, to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide the sale or supply of intoxicating liquor in outdoor seating areas.

Deputies will be aware that the Act was introduced in July 2021. The provisions of the 2021 Act were in place until 30 November 2021 and have been further extended on four occasions by resolutions of each House of the Oireachtas, in November 2021, May 2022, November 2022 and May 2023. Section 9(4) of the Act provides that the relevant provisions of the Act can be extended for up to six months at a time if a resolution approving its continuation has been passed by both Houses of the Oireachtas. On 7 November 2023, the Government agreed the extension of the Act for a further six months. The Government took this decision in recognition of and response to the ongoing demand for such facilities, which allow businesses to operate with clarity and certainty with regard to the law around outdoor dining services. For this reason, I am introducing a proposal that the Act continue in operation until 31 May 2024.

The measures provided in the Act were put in place to facilitate licensed premises to provide outdoor seating in the context of the Covid-19 pandemic. These measures also allow An Garda Síochána to regulate and enforce these provisions in the course of its ordinary responsibilities in enforcing the licensing laws. They provide An Garda Síochána with the power to direct licenceholders to comply with this legislation as it relates to outdoor seating areas, facilitates the enforcement of this Act and is an important safeguard. It is essential that An Garda Síochána continue to have clarity on its powers for public order purposes and, equally, that owners of licensed premises understand their obligations to maintain order in outdoor public areas where they are selling alcohol.

Although Covid-19 is less prevalent, it is considered to be in the public's interest to provide for the sale or supply of intoxicating liquor in certain circumstances in seating areas located outside licensed premises. It allows licensees of such premises to conduct business and operate in these outdoor seating areas. It is important to extend this operational period for another six months to give clarity to licensed premises, local authorities and An Garda Síochána. The increased availability and popularity of outdoor dining and socialising have been welcomed by many. Its innovation is reflective of the demand for more variety of choice in the ways in which we socialise and the types of venues and social spaces that are available. This important extension also clarifies the position of licenceholders who wish to sell and serve alcohol adjacent to a licensed premises in an area approved by the relevant local authority. At present, these premises have no remedy to amend their licence to include that area under existing legislation.

Deputies will also be aware the Government gave its approval, on 25 October 2022, to the general scheme of the sale of alcohol Bill. The general scheme of the Bill proposed to reform the licensing framework in its entirety to bring it up to the expectations of modern society. This Bill provides for the modernisation and streamlining of our licensing laws and application process, some of which are over 200 years old. While work on this legislation is progressing, it is a time-consuming and labour-intensive task. Therefore, it is the intention of the Minister, Deputy McEntee, to shortly bring to Government a Bill which will contain heads to provide for a number of priority matters, including addressing the provisions for outdoor seating as part of the licensing process. The Minister intends to finalise a revised scheme this year in order to publish a sale of alcohol Bill by February 2023.

In the meantime, we need to extend the outdoor dining provisions provided for by the Civil Law (Miscellaneous Provisions) Act 2021 to allow for ongoing certainty for all those operating in the licensing trade, their patrons, local authorities and An Garda Síochána. It will be crucial that the needs of those who may be impacted by the harms caused by alcohol abuse or over-consumption, including members of An Garda Síochána and local residents, are taken into account when decisions are being taken regarding licensing.

We are also mindful of the need to support An Garda Síochána with regard to the enforcement of the licensing framework and ensuring that public safety is protected. The Government is committed to taking action to tackle crime and anti-social behaviour. An Garda Síochána has been provided with the funding needed for additional tools and technology to fight crime in a digital era. This includes the introduction of new legislation to provide for body-worn cameras, reform CCTV schemes and expand the use of automatic licence plate recognition.

Community safety, it is worth saying, is a complex issue. It is a multi-agency, multisectoral and whole-of-government issue. Crime and anti-social behaviour have a number of complex, underlying and interlinked causes. Simply deploying more "boots on the ground" cannot and should not be the only response. That is why the Minister has, in the past few years, established the pilot local community safety partnerships, including one in Dublin’s north inner city. The partnerships bring together all service providers, including An Garda Síochána, the HSE, Tusla, the local authorities and others, with the community to work together to prioritise and find solutions to local issues.

As a commitment under the programme for Government, I established an expert forum on anti-social behaviour. The forum, which I chair, is developing measures which will address the factors that give rise to such behaviour and its impact on community morale and quality of life. The forum seeks to avoid duplicating other ongoing work by my Department. Three subgroups of the forum have been established to consider the specific issues of knife crime; the misuse of scramblers and quad bikes; and responses to anti-social behaviour impacts on housing complexes managed by approved housing bodies.

There is ongoing support by the Government for An Garda Síochána, including over €2 billion allocated under budget 2024. This is an increase of 23% against 2020 and demonstrates the Government’s commitment to ensuring that gardaí have the resources they need. This level of funding will support the recruitment of between 800 and 1,000 new Garda members and an additional 250 Garda staff. I also thank my colleague, the Minister for Public Expenditure, National Development Plan Delivery and Reform, Deputy Donohoe, for making provision in the budget to increase the Garda trainee allowance by 66%, from €184 per week to €305 per week, while recruits undergo their 33 initial weeks of training. This increase will take effect in January and will be backdated to budget 2020 so that those currently in training will also get the benefit. This will, I hope, support a continuation of the momentum in recruitment which we have seen over the past year.

A new recruitment campaign for the Garda Reserve will also take place in early 2024, the first such recruitment campaign since 2017.

With these measures, coupled with the continued roll-out of the new operating model with its focus on community engagement, I am confident that An Garda Síochána will continue to protect communities and combat crime and antisocial behaviour.

In summary, we are here today to deal with one element of our current licensing system that needs our attention, namely, the extension of the outdoor dining provisions, which have proven to be popular with the industry, local businesses and patrons.

Deputy Ruairí Ó Murchú

My colleague, Deputy Martin Kenny, concluded his remarks on a similar motion last year to renew these provisions with the following: "I hope this is the last time we are doing this and that full and proper measures will be in place before we have to return here in six months."

While I can appreciate there are other priorities, it is good to have legal certainty when it comes to things which affect the public. This is especially true with regard to measures that will cost businesses money. Renewal debates such as this demonstrate that there is an ongoing need for the legislation yet not enough is being done to effect the necessary changes. In that respect, the Health (Parliamentary Oversight of Certain Instruments Relating to Covid-19) Bill 2021, moved by two other colleagues, Deputies Daly and Cullinane, sought to create this certainty.

While I accept it is somewhat redundant now, the purpose of the Bill was to provide for a greater level of parliamentary oversight of ministerial regulations made under section 31A - regulations for preventing, limiting, minimising or slowing spread of Covid-19, and orders made under section 31B - affected areas orders relating to Covid-19, of the Health Act 1947. The Bill proposes in general to provide for time limits within which such an order or regulations have to be confirmed by resolution of each House of the Oireachtas in order that they can continue to have effect. Otherwise, they are annulled but without prejudice to anything previously done under them. The Bill also enables either House of the Oireachtas by resolution to annul such an order or regulations before that time limit expires, again without prejudice to anything previously done under them.

This mirrors how regulations worked in New Zealand and is a better approach to what we saw under Covid and what we have in relation to this debate. The measures at hand introduced changes in the law to allow for the sale and consumption of alcohol in outdoor seating areas. There was a previous legal uncertainty in regard to the sale and consumption of alcohol in outdoor seating areas. I am sure we all remember the various creative efforts at outdoor smoking areas but nonetheless, the obligations the Act places on good order in those areas are preserved. We cannot allow for free-for-alls when it comes to these areas. I know there were also issues with regard to pavements and other outdoor areas with different premises laying claim to them. That has, by all accounts, settled down now. The maintenance of these areas requires security staff in most instances. I also welcome the recent victory by the Government over some select firms who were holding out in terms of the sectoral payment order. A triumph over the sectoral orders would have been a retrograde step, as well paid and regulated security staff can be an important part of maintaining public safety.

I mentioned other priorities earlier and in that context, I welcome the positive news in the briefing note that there will be a short Bill coming soon to make permanent some of the changes contained within these temporary measures. Much work has gone into the sale of alcohol Bill 2022, and the justice committee is publishing its report on the Bill tomorrow. The repeal of the different Acts involved, some of them frankly ancient and Byzantine, and the establishment of the different categories of licence to replace the existing situation will take some time. I trust this work is ongoing in the Department. An interim Bill to address outdoor areas is definitely a sensible step.

It feels strange to be talking about Covid in the past tense, yet it remains with us in many ways. The hope that it would become both endemic and trivial within the population, with the help of a vaccine, has come to pass. This is notwithstanding those with long Covid or other conditions that require shielding. However, there are a number of areas where the legacy of the pandemic continues and these must be addressed urgently. For instance, Sinn Féin's spokesperson on health, Deputy Cullinane, has called on the Minister for Health to reboot the national cancer strategy. This reboot is necessary given that as many as one in 12 expected cancers were not detected across 2020 and 2021. Obviously other measures needed to be taken during those years. I understand only 75% of patients are attending rapid access clinics within the recommended timeframe and only 72% of patients commence radiotherapy treatment within 15 days of being deemed ready for the treatment. The target for both of these services is 95%. We must do better on these targets. I appreciate this is not in the Minister of State's area of responsibility.

The remote working revolution has done much to benefit many across the State and this island, including my own county of Louth, although there are cross-Border issues in particular that need to be addressed. This was introduced due to Covid and has brought mixed blessings for workers. The expectation to be always available is tempered with the increased opportunities to care for family. Our own proposals around the right to disconnect can help to strike the right balance. Some employers, worryingly, are turning towards increased monitoring and other measures. One cannot get blood from a stone. Workers will be more productive if they are given time and space to live full lives. In this context, the recent bankruptcy of WeWork is a telling indicator of where things are headed. Sinn Féin has long advocated for more State involvement in the construction of housing, as the market will provide what is profitable rather than what is necessary. A lot of capital, human and financial, was expended building office spaces that are now in danger of becoming redundant. These are just some of the legacies of the Covid-19 pandemic. Many of these effects would have unfolded regardless, given the light touch applied by the Government, and its pursuit of tax breaks and other measures. In the case of the motion at hand, we are happy to support the Government and look forward to the permanent proposals being introduced soon.

The Minister of State referred to the new operating model for the Garda. I welcome many aspects of it and the streamlining but once again I put on the record that I have serious worries in relation to the Louth division being amalgamated with Cavan and Monaghan, and one superintendent being responsible for serious crime across that entire region. It is something that will need to be considered at a later stage if it does go ahead.

An Leas-Cheann Comhairle

I am glad Deputy Ó Murchú related what he said to the motion.

Deputy Ruairí Ó Murchú

I wanted to put it on the record.

Deputy Brendan Howlin

I suppose if the Minister of State could talk about quad bikes it is all right to talk about Louth in the same motion.

This is a simple motion but an important one because it impacts on every community in the country. As the Minister of State outlined, it provides for the continuation of what we all agree is desirable and wanted across the country, that is, the ability to have outdoor dining and to sell alcohol - if one likes, to replicate what happens as the norm across virtually every village, town and city in Europe and indeed further afield. We have accommodated ourselves well to outdoor dining and it is having a hugely positive impact on all our communities. Streets that were full of cars are now full of people. As the Minister of State knows, we who are fortunate enough to live in the south east and who get the best of the weather that this country offers have availed of that with great gusto.

The motion is strongly supported and there is no difficulty with it. The difficulty is that this is the fifth time we have been asked, in essence, to extend a provision, which no matter what way you slice it and dice it, is no longer fit for purpose. As the Leas-Cheann Comhairle knows, I like to read Bills and their Long Titles, and I take my legislative duties seriously. This is a motion under the Civil Law (Miscellaneous Provisions) Act 2021 and if one reads the Long Title of that Act, it is to:

make provision, on a temporary basis, for the sale or supply of intoxicating liquor in certain circumstances in seating areas located outside licensed premises in order to allow, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19, the businesses of licensees of such premises to operate in a manner that mitigates the spread of that disease.

That is what the Bill was about. I do not think that argument can be made. Whether there is potentially a legal challenge to the perennial extension of a provision that is anchored in such emergency and explicitly temporary provision is highly suspect. Under the 2021 Act, it is stated to be a temporary and emergency measure related to Covid-19, specifically because "the emergency that has arisen and continues is of such a character that for compelling reasons of public interest and for the common good, to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual reopening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon, it is necessary, in order to allow the businesses of licensees of licensed premises to operate in a manner that mitigates the spread of that disease". This is temporary emergency legislation that should no longer be applied. It is as simple as that. The Minister of State has come in and asked us to do it again. There are many justice provisions that we come in here annually to rubber-stamp with a promise that this is the last time we will do it. We really do need to ensure the commitment the Minister of State has given the House today is fulfilled, which is that the Minister of Justice will by February of next year produce the first phase of the new sale of alcohol Bill to deal with this issue for once and for all, and on a permanent basis.

I am not, and never have been, comfortable in stretching a provision to suit the exigencies of the situation. These are the sort of things that give barristers a field day, as the Minister of State knows, particularly in the area of intoxicating liquor legislation, which has always been a field day for barristers, and a lucrative field day for many of them. I do not think we in this House should be giving any vagueness or ambiguity with regard to legislative provisions that we enact. On that basis, with those caveats, the provision is absolutely necessary and on behalf of the Labour Party I am happy to support them. However, I genuinely hope that come February, we will have permanent legislation that is not anchored in legislation that is no longer pertinent.

An Leas-Cheann Comhairle

I thank Deputy Howlin. I want to tell Members that this is moving very quickly. Deputy Catherine Murphy is the next speaker, and then I will go back to the Minister of State if there is nobody here.

Deputy Catherine Murphy

I take the point regarding the Long Title of the Bill, and this is more a legacy of Covid-19 rather than about Covid-19. There were positive things that we could see out of Covid-19, and one of those was that people socialised outside. I know that it has to be the Department of Justice but it is the Department of Housing, Local Government and Heritage that really should have the input into this. The planning issues are some of the obvious ones. It is not satisfactory that we are at a point where we are still extending a legislative measure, even though I do not think anyone will oppose it, and I will not be opposing it either.

Under planning law, if one has something for five years, it has not been objected to and it was not an unauthorised development and all the rest, one can get permission by default. I worry about the kind of timeline if we do not address this issue and the planning implications of it. There is a lack of uniformity regarding some of the structures. I have talked about this before with regard to this particular legislation and with regard to the guidelines for disabled access and how provisions are made for people with disabilities. They are guidelines as opposed to regulations. I am quite concerned that we are not addressing some of those things. For example, a month ago, the Disability Federation of Ireland promoted a Make Way Day to draw attention to street clutter and hazards, which include barrels, tables and chairs on the street, sandwich boards and things like that. I walked around our own area to see the kind of impact that is having, and one starts to see people with really bad damage to their legs where they have injured themselves on these things. It is important that we give serious consideration to both the street clutter, the damage and the access issue for people with disabilities and to the lack of uniformity and the visual impact of some of the structures. Some commercial entities have used the opportunity to great effect to provide apparatuses that really would not have been permitted and which, in fact, obliterate the street character in respect of the nice signage and all the effort that has gone into improving streets.

There are definitely planning issues in addition and quite a lot of dialogue will have to happen to make sure we get the optimum. That dialogue will not just be in the Department of Justice; it will be with local authorities and with the Department of Housing, Local Government and Heritage. I accept that there is a licensing issue that cannot be dealt with if we want outdoor dining and socialising and that has certainly been a legacy. I do not think that we can have that without this legislation at the same time, from a justice perspective.

I asked for it the last time, as did everybody else, but I would like us to have a degree of certainty today with regard to this being the last extension. If anything, the points made by Deputy Howlin more or less reinforce the reason that should happen. We cannot continue to have a temporary fix for something that is not the threat that it was. Where there is a really good legacy that we can benefit from, we have to get the legislation right but we have to get it done in a timely way as well. When the Minister of State talks about getting it right, I do not think it is just about licensing laws. It is about the structures and considering access for other people as well and I hope that will be taken on board.

Minister of State at the Department of Justice (Deputy James Browne)

I thank the Deputies for their contributions on what is an important motion. I take on board the comments about what was intended to be a temporary legislation introduced in an emergency to allow people to socialise in the context of a very serious situation concerning Covid-19. Thankfully, Covid-19 has receded to a large degree. It is still there and still impacts our hospitals quite significantly and we have to be very much aware of that. This is one of the positive things that came out of that Covid-19 situation, where people were able to see the opportunity to engage, as Deputy Howlin said, in a way that happens in almost every other village and town in Europe. Quite frankly, it probably should have happened a long time ago.

Temporary often means different things to different people and to somebody coming from the legal world, temporary can often mean quite a long time.

Deputy Brendan Howlin

Income tax was introduced as a temporary measure, for example.

Deputy James Browne

Lots of things are.

Deputy Ruairí Ó Murchú

Do not be giving the Minister of State ideas.

Deputy James Browne

There are two definitions of temporary. One is short term and the other is non-permanent and how long is a piece of string in between? In the context of 200-year-old alcohol legislation, which is quite complex, it is challenging to draft up the permanent legislation. Obviously, one could do a piece simply on this but we want to do a bit more reform on alcohol legislation. The Minister for Justice, Deputy McEntee, expects to have that early next year, around February. I cannot give certainty as to how quickly that legislation will pass through the Houses.

That is not always in our control but I acknowledge everybody is anxious to see that reform carried out as quickly as possible. I beg the indulgence of the House in this regard. It is a positive motion, of which everyone is in favour, and we want to address this on a permanent basis as soon as possible.

Question put and agreed to.