Dáil Éireann debate -
Wednesday, 16 Nov 2022

Vol. 1029 No. 4

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

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

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, 2022 and ending on the 31st day of May, 2023.

I am here to introduce 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 Act were in place until 30 November 2021 and have already been extended on two occasions from November 21 until 31 May 2022 and from June to November 2022. Subsection 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 25 October 2022, the Government agreed the extension of the Act for a further nine months.

The Government took this decision as there is an ongoing demand for the provisions, which allow businesses to provide clarity and certainty with regard to the law around outdoor dining services. Therefore, I am now bringing forward a proposal that the Act should continue in operation until 31 May 2023.

At the same meeting of Government on 25 October, the Minister, Deputy McEntee, was pleased to bring forward the general scheme of the sale of alcohol Bill, the aim of which is to radically reform, streamline and simplify the extremely outdated existing law relating to the sale and consumption of alcohol. The Bill would repeal the Licensing Acts 1833 to 2018, as well as the Registration of Clubs Acts 1904 to 2008, and replace them with provisions more suited to modern conditions. It is also the intention to repeal the Public Dance Halls Act 1935.

There has been a need for many years now to reform and modernise licensing laws. Most recently, the Report of the Night-Time Economy Taskforce, published in September 2021, highlighted the inadequacies of the current system and how a modernised licensing system could contribute to revitalising the night-time economy. The sale of alcohol Bill will, among other initiatives, make long-term provision for outdoor dining. The relevant parts of the general scheme make provision for the amendment of references to licensed premises to include outdoor dining areas and the inclusion of a definition of outdoor dining. Once enacted, the sale of alcohol Bill will remove the need for the renewal of these specific provisions, which were introduced in July 2021 during the pandemic when a number of issues arose regarding the use of outdoor spaces by bars and restaurants.

The reform of our liquor licensing laws is a major priority for this Government. The Minister, Deputy McEntee’s, Department is prioritising work on drafting the Bill with the aim of having it enacted in 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 and An Garda Síochána. The increased availability and popularity of outdoor dining and socialising has been welcomed by many. Its innovation is typical of the demand for more variety in ways we socialise and the types of venues and social spaces that are available. It is also clear that the increased use of outdoor dining has brought many benefits to our local communities as a whole, including increasing the vibrancy of our town centres and further enhancing our tourism offering. Furthermore, in a context in which Covid-19 is still circulating in the community, any measure that creates options for those who would rather not visit indoor settings can only be welcome.

While we are pleased that we are able to address this element of licensing law through this specific initiative, it is clear that the industry and society as a whole need a more comprehensive solution to the inefficiencies and complexities of the current framework. The general scheme of the sale of alcohol Bill will reform the licensing framework in its entirety to bring it up to the expectations of modern society. The sale of alcohol Bill intends not only to modernise our licensing laws but also to ensure they better reflect the social, cultural and economic needs of our local communities.

Our night-time economy and culture are not thriving in the way they should. This can be seen in all our towns and cities. Certainly, the pandemic and the necessary restrictions that were put in place at the time meant that the industry has been through a very challenging period. It is also clear that the industry is working under an outdated and ill-fitting licensing framework, however, which is inhibiting its development and creating unnecessary burdens for all those seeking to provide the places of entertainment and gathering that are so central to our sense of community. The sale of alcohol Bill will address these issues by creating a simpler, more straightforward licensing framework that will make it easier for licensed venues to do business.

At the same time, it is also important to recognise there are harms caused by alcohol consumption. It is for this reason that Ireland has for many decades operated a restricted regime for the sale of alcohol, given its known social and health effects. The sale of alcohol Bill will retain that approach. The sale of alcohol will continue to require a licence and engagement with a robust licensing process that ensures the necessary protections and standards are upheld by all licenceholders. The Minister, Deputy McEntee, is confident that we can modernise and streamline the existing system while keeping public safety and public order to the fore. It will be crucial that public health needs and the needs of those who may be impacted by any harm caused, including members of the Garda and local residents, are taken into account when decisions are being taken regarding licensing.

The general scheme makes provision for objections to be raised in court to the granting or renewal of licences, and the list of those who may object has been expanded. New grounds for objection to the renewal of a licence relating to failures to protect staff, patrons and performers from harassment, including sexual harassment, have been added with a view to creating a safer environment for everyone.

We are also mindful of the need to support An Garda Síochána with regard to the enforcement of the licensing framework and ensuring public safety. To broaden the range of possible enforcement options available to the Garda, provision has been made for a compliance notice for offences regarding drunkenness in licensed premises and with regard to the duty of a licensee to preserve order. The Garda will also have the power to apply for a temporary closure order for failure or refusal to comply with a compliance notice.

One of the key objects of the proposed legislation is to ensure the licensing application process is modernised, efficient, cost-effective and facilitates accountability. The general scheme provides that where a licensing application needs to be heard in court, this will now be dealt with by the District Court instead of the Circuit Court. This will help to reduce the costs involved and reduce pressure on the court system, while ensuring an accessible and transparent system.

The sale of alcohol Bill updates and streamlines licensing provisions, including with regard to restaurants, hotels and off-licences, to make these simpler to apply for and to enforce. It will also make changes to the current permitted opening hours in line with the expectations and needs of today's society and to encourage the development of a modern diverse night-time economy. Regular trading hours for off-licence premises change to 9.30 a.m. to 9 p.m. every day of the week. This removes the current restriction on Sunday mornings whereby off-sales are not permitted until 12.30 p.m. Regular trading hours for licensed premises change to 9.30 a.m. to 12.30 a.m. every day of the week. This results in an additional hours' trading on Monday to Thursday and three and a half additional hours on a Sunday.

The general scheme makes provision for both an annual late bar permit, which would allow opening until 2.30 a.m. any night of the week, and an annual nightclub permit that would permit the sale of alcohol until 5 a.m. and closure at 6 a.m. This will remove the need for such venues to obtain special exemption orders for each night they may wish to open, removing a complex and cumbersome requirement and thereby making it easier for such venues to do business.

I am sure many Members are aware of the large numbers of pubs that have closed down in small towns and rural areas, particularly in recent years. When a town loses a pub, it loses an important part of its cultural fabric. Pubs are important places for communities where we can gather to celebrate and socialise, as well as to mourn. The current requirement for an existing licence to be extinguished before a new licence for a public house can be granted is an unacceptably high barrier to entry for those who want to open or reopen venues that could reinvigorate town centres and communities. Therefore, the general scheme provides that the extinguishment will remain for public houses for three years from the enactment but will not be required thereafter. The extinguishment requirement will remain in operation with regard to off-licences.

Another potential contributor to a reinvigorated night-time economy is the cultural sector. In line with the recommendations of the night-time economy task force, it is recognised that cultural venues and facilities where the sale of alcohol is ancillary to the main activities should be able to opt for a licensing option on those terms.

The general scheme, therefore, provides for amenity licences for small cultural venues such as theatres, galleries or museums to ensure public safety but also a level playing field. The same procedure for raising objections to the granting or renewal of an amenity licence applies, as well as a requirement that amenity licences must meet the same regulatory requirements as retail licenceholders.

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 both industry and patrons. It is widely recognised there are many other elements of the current licensing framework that also require attention and updating. The general scheme of the sale of alcohol Bill will aim to address all of these issues. It will introduce a long-term solution to the arrangements with regard to outdoor dining but will also introduce a wide-ranging framework for reform of the licensing process, which will make it easier to do business and contribute to the reinvigoration of our night-time economy while cutting down on administration and complexity and keeping public order and public safety at the forefront of our priorities.

Deputy Martin Kenny

This legislation came before us six months ago and six months before that. We all recognise that Covid brought massive changes to our lives, one of which was the advent of a more continental European-type lifestyle where people drink and eat outdoors, which we had not been doing to any great extent up to then. We recognise the positive benefits of that. The last time this legislation was before us we spoke about how there was a need to reform many of these laws permanently to ensure we had this in place permanently. I acknowledge the Minister of State's reference to that and the work that has been done around the liquor licensing laws, trying to bring them into the 21st century from the Public Dance Halls Act right the way back to previous legislation. That work is welcome and ongoing. We have all co-operated in trying to make it as positive as possible. However, there are some concerns around it. We also need to acknowledge that.

We have had a significant problem in this country of alcoholism and of people becoming seriously addicted. We have a problem of antisocial behaviour, particularly in late-night situations. We see it in the city of Dublin and there is evidence in many areas around the country of the negative impact when alcohol is used to excess and all that flows from it. We need to be conscious of this as well. I was recently in the United States, where there are very long opening hours for licensed premises. One of the things they are very strict on there is people drinking outdoors in public. We have to find the correct balance here. I hope we can do that.

I am also conscious that the whole tourism industry has been in turmoil. That sector has had a very difficult couple of years. We look forward to what is hoped will be better times ahead. However, it has to be said also that many of our hotels are at present facilitating the provision of accommodation for refugees and people from Ukraine, who are very welcome there. I think some 20% or 25% of our hotel rooms are taken up for that use at the moment. The Government has stated that it is possible people from Ukraine who are staying in the hotels will not be provided food in them. I wonder about the knock-on impact that will have. Obviously, many of the hotels will be getting a lower rate. Will they decide to opt out of it because they want to get back to the business they set themselves up for in the very beginning, namely, providing accommodation for tourists, people in business or whoever needs hotel accommodation? We could find the move might have a negative impact. It needs to be done with great caution and care.

Further to that, for many communities that have welcomed people from Ukraine, which is the most recent crisis, and indeed other people seeking international protection from other areas, there are massive issues in respect of resources. We had resource competition in this country for a very long time before anybody came from anywhere else. Whether people seek educational, health or social resources, there is intense competition. When people come from other places and put more intensity into that competition, it causes friction and difficulties. There needs to be a great effort by Government to support communities to welcome people, as they do, and to put the resources in place so that it does not create too much additional pressure. Everyone in this House would understand that there is pressure and many of our citizens are in dire need in respect of GP services, hospital waiting lists or special needs assistants in schools. All of those things are coming under greater pressure as more people come from Ukraine and other countries. We need to acknowledge that by ensuring we put more people in place to provide those services.

The efforts that have been made to reform the alcohol laws and the issue of late trading are very welcome. We have work to do. The Minister of State hopes the legislation will be coming forward in 2023. I hope this will be the last time we are renewing this emergency legislation if the other legislation comes into place. We have no difficulty in supporting it. One of the difficulties with it from the very outset was that it went a distance that people were not expecting. Many of the local authorities did not have provisions in place such as by-laws and so on. There were also issues for the Garda as to how legal it was for people to be drinking on the streets. There was a grey area there. The gap was filled but there are difficulties around these things. I accept and understand that, in the context of Covid, there was no other way of doing it, but rushed legislation leaves space for mistakes to be made. We need to learn from those mistakes when we are putting permanent measures in place, as I hope we will be doing with the new legislation.

We understand the efforts that were made through Covid by everyone across the board. All of us on this side of the House are critical of Government for many reasons when things could be done better or more could be done. There were instances where more could have been done, things could have been done faster or people supported more. That said, to our credit, the community in Ireland did a great job in ensuring we have kept to an absolute minimum the numbers of people who contracted Covid, died from Covid or have had long-lasting impacts of it. That is something we should take credit for as a society and a country. I know Covid numbers are fluctuating and we have better medicines now to deal with it. However, there are a lot of people with long-term symptoms of Covid-19. There are serious issues in regard to how that has been dealt with. The medical provision to assist people with long Covid has undergone some reduction in services and resources. The Government needs to focus on that and ensure we put the services in place. I have had people in my constituency office who are suffering from the long-term effects of Covid and find it very difficult to get the kind of assistance they need. The Government needs to reflect on this and ensure we do everything we can to assist those who, unfortunately, contracted the disease and have the serious impact of a long-term health problem. The problems businesses may have in regard to how they can make a profit is certainly something we have to deal with, but the most acute thing we have to do is ensure those who have long-term, continuous health problems because of contracting Covid-19 get the resources they require. That is a serious issue the Government needs to deal with.

We have no difficulty in supporting the ongoing provision of this legislation. 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.

Deputy Aodhán Ó Ríordáin

I thank the Minister of State for his presentation. One of the very few legacies of Covid that could perhaps be regarded as positive is the vast improvement in the availability of outdoor dining and socialising, provided for by the Civil Law (Miscellaneous Provisions) Act, which this motion seeks to extend. The effect of the Act was that pubs and restaurants were specifically allowed access to and use of outdoor spaces for eating and drinking. This was done by emergency legislation, effectively sidelining by-laws and local authorities to allow us all to try to get some semblance of normality without being forced indoors and the resulting exposure in confined spaces to Covid-19.

There is no doubt that this disease was having a real, devastating and unpredictable impact on people’s health prior to the arrival of the vaccines. Our condolences still go out to those who lost friends and family to Covid.

The intention behind this motion is to extend the provision in the Act. The terms of the Civil Law (Miscellaneous Provisions) Act 2021 are clear and explicit; that it is supposed to be a temporary measure. The Title to the Act states that its purpose is to:

A. 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 ...

The question is not whether we agree with the changes but whether there is still a sufficient risk from the pandemic to justify bypassing local by-laws and the democratic control of local councils and continuing with this emergency legislation in place. We have to be careful that we do not just end up using the Act as a permanent solution. However, there is still sufficient justification for us to extend the provisions of the Act for six months as outlined in the motion. According to the Government's Covid-19 data hub, there were 32 deaths from Covid-19 reported last week, there was a test positivity rate of 12%, there were 316 confirmed cases in hospitals and there were 11 confirmed cases in ICUs. There is no doubt that the effects of vaccination have provided a significant protection for many. While many of us have moved on and are living lives that have mostly returned to normal, there is still sufficient prevalence of Covid-19 to justify the extension of these measures for now.

We cannot take this for granted on a permanent basis, however. While in the majority of cases there has been little controversy regarding the implementation of the Act, if we want to extend it on a more permanent basis, this should be done on a firmer statutory basis, while retaining the role of the local councillors and councils to make local adjustments. It would make more sense to extend it until the end of next August, rather than the end of May, given that the summer months are when spaces get the highest use and are of most benefit to everyone. However, the base legislation only allows for an extension of six months. By the time this extension is finished, I would hope the Government would present a mechanism whereby the changes put in place would have the chance to be approved for extension by local councils and councillors across the country who should be deciding matters in any event.

I would suggest that, as I have done in my remarks, one of the advantages of the Covid-19 readjustments to socialising was the experiment of utilising previously unused space on public pathways and so on. We have to move to a situation where, in our capital city and in towns across the country, the car being excluded from that space is continued. We need to reclaim that public space for public dining and socialising in order that families with young children and elderly relatives do not have to constantly worry about cars, vehicles and speeding traffic. Far too many of our towns and cities are choked with vehicles, and traffic management takes precedence over socialising and over that most basic need for human connection. If we can get any good out of the devastating pandemic of recent years it is that we can reimagine our civic spaces and public realm and extend these powers to the local authorities to reimagine how we interact with each other on a more permanent basis.

The Labour Party supports the motion. However, in the future, we can hopefully have a more imaginative way of doing this through the local council mechanism.

Deputy Catherine Murphy

I welcome the fact that the provisions of this Act are going be put on a permanent footing and that this will hopefully be done before the sunset clause lapses. There are still many issues that will have to be thrashed out in the practical application of the forthcoming legislation. It is much broader than the issue we are dealing with today, namely, the sunset clause today.

The Department needs to engage with local authorities on outdoor seating areas and provide advice to them on standards. There is a lot of stuff out there that is quite ugly. We have done a great deal of work at local authority level to try to make sure you can get good shop fronts and facades on buildings in order that they are not festooned with advertising and all the rest of it. However, some of what has been constructed would be full of advertising and it is the only thing people see. It is important that there is a set standard and that there is good co-ordination between the local authorities on that. Some logic needs to be applied in the context of seating areas on the street. These spaces often have nearly replaced some of the seating on the street that would be free. It is not right that people can only occupy a place if they pay for it. That was important from the point of view of people socialising and of keeping businesses viable at a difficult time.

We have to learn lessons from that. Covid-19 will not be the only virus that will circulate. Hopefully, there will not be another pandemic but there is a value in this, including for some people who like the idea of sitting in an area where there would be much more ventilation. Temple Bar Square, for example, used to have a lovely second-hand bookshop and a book market. That whole area has essentially been taken over by box seating for nearby restaurants. I completely understand that these restaurants have come out of a hard time and that this is temporary, but we have to think about what these places will look like if we are to continue some element of this into the future. These public spaces are not just commercial spaces; they are spaces for people to enjoy. The architecture in these spaces is quite important in the context of how people engage with each other. Outdoor bar and restaurant seating is no substitute for permanent seating in places where people gather, which is an important point. In cities, it will often be in these spaces that people socialise and get to know their neighbours. It is important that there is some retention of this and that we do not destroy the character of areas.

There have been other problems, such as those relating to mobility for people with disabilities and those with buggies. It has become less easy to navigate some areas because of what is an impediment for some people, while it is equally a place that people enjoy. It is important that we take all of that on board in order to ensure that there is good guidance to local authorities to the effect that this is something that will go on into the future.

There is a licensing aspect to what we are dealing with and there is also a by-law aspect. The licensing aspect was the one in respect of which there was the real difficulty if I remember rightly. As I said, people with difficulties have to be accommodated and local authorities must ensure that there is a clear right of way for pedestrians that is free from clutter. I remember walking around an area with some friends of mine, one of whom has a significant visual impairment. That person talks about the damage done to their legs as a result of their constantly crashing into things. The latter are things you would not even notice except when somebody draws your attention to them because of the difficulties they face. I refer to things like sandwich boards in this regard. There is also the necessity for people to get up and down off footpaths, which can be problematic for some.

Streets becoming pedestrianised can be good because sometimes having a lot of people on a street makes it safer and a place into which other people will go. Empty streets are often the ones on which people do not feel safe. I am in favour of all of that, but we need to see good design.

We need to see the architectural character of streets being retained. I hope we will deal with that when the sale of alcohol Bill comes in front of us.

Deputy Peter Fitzpatrick

I welcome the motion, which seeks to extend sections 1 to 7, inclusive, and section 9 of the Civil Law (Miscellaneous Provisions) Act to allow for the sale or supply of liquor in outdoor seating areas for four to six months - from 1 December next to 31 May 2023.

We can all recall why this arrangement was required. The Civil Law (Miscellaneous Provisions) Act, which came into force in July 2021, was in direct response to the issues streaming from Covid restrictions, whereby those in the licensed trade, the tourism industry and people involved in businesses in towns and villages across the country had no way of making an income. The Government took the decision to introduce a stopgap measure while there were ongoing discussions about whether by-laws or primary legislation was needed. I supported what has been done and today I will support the motion to extend the provisions of this Act. There is an ongoing demand for the provision that allows businesses to provide outdoor dining services.

I have spoken to numerous businesses in Dundalk that invested heavily in fitting kitchens and external seating areas in order they could survive during the lockdown. The Covid restrictions support scheme helped, but this was an expense they never intended nor expected to incur. Now they want a return on their investment, especially coming into the busy Christmas period, which will likely see a ramping up of clientele in the context of outdoor dining and Christmas parties. The extension of this Act is required in order that they can offer to serve liquor in outdoor seating areas.

Ireland is behind the times. Outdoor eating and drinking is commonplace in Europe. Berlin and Brussels, for example, have outdoor dining throughout the year. People like the option to sit outside in spite of the Irish weather, particularly as most facilities have implemented heating systems and spacious sheltered areas to mitigate the effects of our climate.

In some cases, however, footpaths have been made narrow and people with disabilities have not been able to pass or enter. It is essential that we do not impede people who have visual impairments or physical movement difficulties. Many businesses made use of whatever space they could in order to survive, but they did not think about the needs of those with disabilities. I do not blame businesses, but there must be an inclusive space that people with disabilities can enjoy equally. There have also been issues with parking in towns, so design really needs to be considered. The programme for Government, as well as the justice plan, includes a commitment to modernise alcohol licenses. Design must be taken into consideration to ensure inclusivity for all.

There are some issues around the licensing laws and the consumption of alcohol. Clarification in law is required, specifically in relation to the distinction drawn between a liquor licence and a licence approved by a local authority.

There is also a significant uncertainty in the context of enforcement. The Act obliges licenceholders to maintain order in outside areas. Yet, there was a mixed message as to the power of An Garda Síochána in respect of public order purposes. As far as I am concerned, the general powers available to An Garda Síochána to maintain public order apply to those outdoor spaces in the same fashion as they apply to indoor licensed premises. Clarity in law and certainty were sought and are still required by businesses, local authorities and An Garda Síochána.

Although I will acknowledge that there has been some movement in the context of the proposed sale of alcohol Bill, which will provide a permanent solution to this issue as well as a permanent modernisation in relation to this Act, this needs to be done within the next six months if the extension is passed today. By no means do I mean to rush the reforms and consolidation of the Licensing Acts, but this is the third six-month extension. The Government should have used the past 18 months to get the legislation drafted and passed. It is time we recognised that this arrangement has worked and that we need to put something permanent in place as soon as possible in order to ensure it can work into the future.

Overall, I have no problem supporting the extension of the provision; indeed, I welcome it. Coming off the back of the pandemic, the hospitality and tourism sectors have made good recovery. However, the war in Europe, the rising cost of living and inflation rates are still offering significant blows to businesses, especially in my constituency of Louth and East Meath. These businesses need every support we can give them to keep their doors open in the coming months. Every extra chair and table will help them keep afloat. We need to support the sector any way we can and we can do this by extending this Act for an additional six months.

As I said, it is a stopgap. Eighteen months is a long time. It is very important for the Government to put something out there at the moment. People like dining outside. I am a Pioneer and I really enjoy eating outside. I have no problem putting on an extra coat or scarf. The communication between people is far better. As I said, other European countries do it. I do not see any reason we cannot do it.

The downfall is regarding people with disabilities, especially those who have problems with their sight. There are others, however. In Dundalk, I saw a mother pushing her child around in a wheelchair and they were forced to go out into the main road. That should not happen. It is very important, as I said, that the Garda enforce the law. There are also serious issues with parking. It is important that local authorities and everybody works together to get the solution done.

I welcome this and it is a step in the right direction. All of the businesses appreciate it. They have invested much money over the past two years because of the pandemic and this is money that they owe to their banks. It is an opportunity for them to come in to a busy Christmas and perhaps have a bit of outdoor dining and drinking. I support the motion to extend the Act, but I ask the Government to please put something more permanent in place.

Deputy Michael Collins

The extension of this Act will allow the hospitality sector to continue to provide for the sale or supply of intoxicating liquor in outdoor seating areas. The Act was introduced in July 2021. There is an ongoing demand for provisions that allow businesses to provide outdoor dining services with clarity and certainty in relation to the law. Therefore, that appears to be the rationale for the extension of the Act.

Ireland’s pubs, restaurants and nightclubs have been heavily impacted by Covid-19-related restrictions for the past two years. The necessary public health restrictions affected the industry significantly and many of businesses in it are still struggling. The aim of this extension of the Act is to facilitate the continued operation of outdoor seating areas, many of which were introduced during the past two years. It would provide clarity for the pubs, bars and clubs in a position to provide an outdoor seating area to customers and members.

The impact of Covid on the hospitality sector and now the energy costs crisis is truly horrendous. Many licensed premises simply did not recover, while others are struggling to do so because the energy crisis is hitting hard. The compounding impact from cost-of-living pressures on businesses is driving many to the brink.

On the basis of what is proposed, I support what is being done. However, the one simple question I have relates to why a permanent solution is not being provided. Surely the Minister had sufficient time to make more permanent changes and give the struggling sector some long-term assurance beyond May next year. No businesses can plan and invest in the context of such an ad hoc arrangement. Let us face it. Day in, day out we hear of businesses in dire trouble. We should absolutely do anything we can do to help them.

I have a number of serious concerns. I suppose I have a conflict of interest. I have two brothers who own two public houses in west Cork and a daughter works in another one. I am therefore aware of the struggle the sector is going through. It is having a horrendous time. I can see many public houses closing throughout Ireland. Many Government decisions taken down the years that were anti-local pubs and their survival are going to succeed and lead to their closure. Obviously, the increase in the price of alcohol last week was another kick in the teeth for them.

On outdoor seating areas, there should be consultation with local communities. Local authorities must have consultation with communities, particularly in the context of people with disabilities. What is needed is a good bit of respect, and sometimes that is not shown. In general, I support this motion.

Deputy Richard O'Donoghue

The aim of this Act is to extend and facilitate the continued opening of outdoor seating areas for pubs and restaurants, a measure that was introduced during Covid. It would give pubs and clubs clarity in planning for the season ahead in the context of outdoor seating and their customers and staff. We could see during Covid how important these outdoor areas were. The Minister of State is aware of the awards Limerick won in respect of its outside areas. There are fantastic facilities within those areas. Why can we not get a permanent solution? Many people had outdoor areas during Covid and these have proven very successful. People were conscious of their surroundings and where they were going. Also, those who provided these outside areas had to look at a future plan of how long they would be there, whether they would be allowed into the future and the risks involved.

I support what is proposed, but we need a long-term plan not only for the pub and restaurant sectors but also for all others sectors. We need to show what outdoor areas will be permanently exempted from the planning laws. Structures were erected during Covid, and many of them won awards for their diversity in helping people outdoors.

A worrying aspect is that we must protect people and staff. In case there are any alterations within those areas, we have to look at the role of the Garda. How do we introduce the Garda into this? Some 800 gardaí have been promised, but only 23 graduated recently. Some 284 gardaí retired, were off sick or off duty due to disciplinary matters. Some 87 gardaí resigned. We must consider that because the Garda protects our counties. The budget contained an allocation in respect of the 800 gardaí to whom I refer. Where is that money? Will the funding be increased for next year? Where has the money that was allocated gone? Garda management has asked gardaí to work a week of seven days or six days on and take two days off. The rota is wrong. How do we encourage gardaí back into our areas in order that we can facilitate people being in outdoor areas and longer opening hours?

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

On behalf of the Minister, I thank Deputies for their time and input on this matter. It is intended that the extension of the Act until 31 May 2023 will continue to provide clarity in respect of the provisions relating to outdoor dining for licenceholders, patrons and the Garda. It is clear that there is ongoing demand for the provision of outdoor dining. In the meantime, as I outlined earlier, work is progressing on the drafting of the sale of alcohol Bill, which will provide a long-term solution to the issue and many other issues which bedevil our outdated and unnecessarily complex licensing system. By extending the Act until May, businesses will be able to continue to utilise outdoor spaces for a further six-month period.

The Minister recognises there is great interest among Deputies in the sale of alcohol Bill. It is an extensive piece of legislation that will benefit from detailed discussion and debate. The general scheme of the Bill has been referred to the Joint Committee on Justice for pre-legislative scrutiny and the Minister awaits with interest the outcome of the committee's consideration and engagement with various sectoral groups. It is important that we hear all views and opinions in respect of the reform of our licensing laws. The publication of the general scheme is an indication of the Government's commitment to modernising our licensing laws. The provisions made by the general scheme are envisaged to provide us with a more streamlined, up-to-date and cost-effective licensing system. It is important that we continue to modernise our licensing laws to meet the demands of today's society. Through the reforms outlined in the general scheme, we aim to revitalise our hospitality sector and our night-time economy culture for the benefit of businesses, patrons and our local communities in general, particularly in smaller towns and rural areas.

I am pleased to address the specific issues of outdoor dining provisions today on behalf of the Minister, who intends to provide a long-term solution in due course. We have achieved an important milestone with the approval of the general scheme of the sale of alcohol Bill by Government and its publication last month. The Minister assures colleagues that she is committed to bringing forward these important reforms in order to ensure that our hospitality industry has the modernised and streamlined framework our society requires.

Question put and agreed to.