Éamon Ó Cuív Demands Legal Clarity on Outdoor Alcohol Sales

Báid aeth, ni mor náme aeth, so caeme dweb aeth gypwai. Caemeir agor hánig se, an ir a dúoram, nyr a chulam eis geildi ar dîn, gra o faibing aile, madle bae frastal alchol teim mughan a pabini, agos gynna bíl anna. Lármol eis náir a níis eis in agos cacolórdeis eis i rátais. Ach, an tagad a bíis rátais naa, gau hiscind. But I think it is interesting to read the Garda statement. It says licenses to sell alcohol are issued by the courts. The application for a license to sell alcohol is accompanied by the lodgement of interallia, a site plan highlighting the specific area to which the license will apply. The licensee is licensed to sell intoxicating liquor to a person to consume the alcohol within that highlighted area anyway, only I mean, and any other sales are on a takeaway basis only. In other words, what they are saying is, if it is not on your license, it is illegal. Now we cannot go ahead without clarity in the law, absolute clarity. I suppose my question tonight to the Minister is, are we going to get either primary legislation or a new statutory instrument, whichever is needed and whichever will suffice, to get rid of any, any doubt in the law? Because it is not fair to be asking in Gord de Siochanna to show discretion that is contrary to the law. Again, I want to thank Deputies Connolly O'Keeve and O'Reilly for raising this important issue and for giving me an opportunity to address it on behalf of Minister Humphreys. Following public health guidance, Government policy is to have a gradual reopening of the hospitality sector, beginning with outdoor hospitality before a decision is taking and resuming indoor service in a few weeks. Many of our bars and restaurants have now reopened, serving outdoors, and this is giving people a welcome opportunity to safely meet with friends and family again. As on Gord de Siochanna have made clear, the overwhelming majority of licensed premises have behaved responsibly, and those who continue to behave responsibly in controlling their premises should have nothing to worry about. Gord de Siochanna all across the country use their discretion every day to police as the circumstances require, as they have done throughout the pandemic, and work closely with restaurants and pubs to ensure the safety of the public. On Gord de Siochanna will continue to adopt a graduated approach to the public health guidelines. This is often a delicate balance, and there are different legal situations in different parts of the country depending on whether there are local authority bylaws in place. A small minority of pubs have been serving alcohol to those seated outside agreed areas, and clearly that will be the focus of any Garda action in the first instance. Minister Humphreys has discussed the matter with the Garda Commissioner Harris a number of times and did so again yesterday morning. The Commissioner has since issued a communication to regional assistant commissioners that the Garda should use discretion while continuing to respond to public complaints about public order issues, parking, noise, etc. The Commissioner has reassured Minister Humphreys that discretion will continue to be applied by the Garda in their engagement with licensed premises. Both the Commissioner and Minister Humphreys are satisfied that the Irish people can be facilitated to enjoy a safe outdoor summer while the Garda continue with their difficult work to keep people safe. The Attorney General and Minister Humphreys have also spoken on this matter to their officials, and will work closely along with the Department of Housing to examine this matter in full. It is a complex area of law, as I am sure the deputies can appreciate, but Minister Humphreys has committed to taking legislative action if necessary. In relation to specific points raised by Deputy O'Reilly, I do not agree with the contention that it is shambolic. I think the Government has managed and put in place a level of adequate support to help facilitate a safe and socially distanced outdoor summer. The messaging from a whole-of-government approach is getting out. Deputy Connolly raises a significant and important point about spreading the impact across towns and cities. It is certainly of consideration, but I do think that the Government has made good strides in working with all partners, with local authorities and working with local communities, with vintners, with hoteliers, with the services sector, to put in place a good set of proposals and a good set of supports to ensure that we can have a safe and very enjoyable outdoor summer of 2021. Goer maaingod. Goer maaingod. Aarra. Each Deputy has 40 seconds. Aarra. Aarra. Minister, I would like to thank you for the reply, but it gets more confusing every time somebody speaks in the subject, because on the first page you say there is often the delicate balance that there are different legal situations in different parts of the country depending on whether there are local authority bylaws in place. Well, that is true, but is that the problem in this case? If it is, you tell Galway to sort out their local authority problem. But then, in the last paragraph, you make it clear that in fact it might not be that at all. It might be primary law. Now when the Goerthee went to the premises, they must have known under what law they approached the licensed people in Galway. And therefore there cannot be this great complex problem there, because the Goerthee cannot approach anybody without having a basis in law. So are the government going to bring forward amending legislation to rectify this issue, or are they saying unequivocally, without doubt, that this is a matter for the local authority and their bylaws? As I have said, Garda-Chicona have made clear that the overwhelming majority of licensed premises have behaved responsibly, and those who continue to behave responsibly in controlling the premises should have nothing to worry about. A tiny minority of pubs have been serving alcohol to those seated outside agreed areas, and clearly this would be the focus of any Garda action in the first instance. Many cities have bylaws in place and local authorities have facilitated pubs with permission for outdoor seating and grants, and these have been made available to many businesses. We want to work with the Garda and need to be able to control matters as needed to prevent things from getting out of hand. Garda all across the country use their discretion every day to police as the circumstances require, as they have done throughout the pandemic, and work closely with restaurants and pubs to ensure the safety of the public. I trust that members will act in accordance with the Commissioner's instruction and will continue to adopt a graduated approach to the public health guidelines in the interest of public safety and order. The Government is clear that if we need to take further action, we will, and Minister Humphreys is currently discussing what further measures may be needed with the Attorney General and Government colleagues. Again, in relation to Deputy Connolly's point about the messaging on outdoor summer, it is much broader. It is about the enjoyment of outdoor spaces of nature. We are asking for a responsible enjoyment of the summer of outdoors, and I think those messages have begun in media campaigns this week, so I think it is much broader than just consumption. It is much broader than just around consumption of alcohol in our towns and cities. It is about enjoying what the country has to offer on a broader scale as well, so we are cognizant of that messaging and are beginning to get that message out this week. if you will, we are using the different government. You can see it. You can see that as well. What does this mean? That there is a assessment of the methodology around the world. It's a pretty good idea that it works and the new tool. It's a very good idea that you can see, I think, it is a traditional, but it is a very good idea that I should have done any work. It's a pretty good idea. You can see that it's a very constructive way for the home and the new station. For me, I think it is a very important outcome. You can see that it's a wonderful idea. We will see that if it is a wonderful formula on any kind of decision. It's a wonderful idea, I think it's a wonderful task of what sounds, and it's a wonderful idea to follow me, but it's a good idea of it.