Minister of State at the Department of Justice (Deputy James Browne): I am introducing a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Members will be aware that section (9)(4) of that Act provides that the Act, other than section 8, shall continue in operation until 30 November 2021 unless a resolution approving its continuation has been passed by both Houses of the Oireachtas before that date. That section outlines that the period of operation may be extended for such further period or periods, each not extending six months, as is specified in a resolution passed by each House of the Oireachtas.

In light of the ongoing risk from the disease and uncertain future trajectory of Covid-19, I am bringing forward a proposal that the Act shall continue in operation until 31 May 2022. We are all too aware that these are extraordinary times. I acknowledge that the public health restrictions that have been in place since the outset of the pandemic have not been easy. Unfortunately, the recent trend meant the Government last week asked businesses in the night-time economy to close earlier. This motion underlines the importance of the continuation of this Act to provide clarity for those pubs, bars and clubs who are in a position to provide an outdoor seating area to their customers and members. The Covid pandemic has seen businesses adapt to public health guidance in this unprecedented time. The introduction of this Act brought clarity and addressed an uncertainty in the law for those licensed premises offering an outdoor seating area to their customers. The use of these spaces gave people the opportunity to socialise safely while adhering to public health guidance. Weather conditions are no longer as they were in the summer when this legislation was introduced, but we want to preserve the use of outdoor spaces for the period ahead.

The need for the Act became apparent during the summer months, in conjunction with the health measures in place at that time. However, we still find ourselves in a place where health measures are being applied and are of the utmost importance in light of ongoing public health considerations and the uncertainty of the trajectory of Covid-19. I am conscious that this is a necessary, temporary solution. As Senators will be aware, the programme for Government is committed to modernising alcohol licensing. The Minister, Deputy McEntee, is committed to delivering this piece of work.

While it may be difficult to see past these extraordinary times in which we find ourselves, we will come through this pandemic. I want to ensure we are making plans for the future and providing a framework for the dynamic and diverse society and economy that we have become. The Government gave its approval in September for the drafting of the general scheme of the sale of alcohol Bill. The complexity of the law and the challenges of this matter demonstrate the real impetus for this reform. The matters being addressed in this Act will be addressed in the legislative reform as part of a permanent solution in a more coherent licensing system. The Minister will announce a public consultation on the alcohol licensing laws later. We actively encourage engagement with this consultation.

The matter before the House is relatively straightforward. I am simply proposing the continued, but time-limited application of the legislation that was scrutinised and passed by this House before the summer recess.

I commend the resolution to the House and I thank Senators for their attention.

Senator Barry Ward: None of us wishes to be where we are. I appreciate what the Minister of State said about the renewal of this legislation. Necessarily, when we passed this Act into law earlier this year we included a sunset clause because we all hoped that there would be an end to this and it was recognised that there was a certain draconian element to the regulations that needed to be revised. We now recognise that the numbers are not where we would like them to be. I understand that the expert advice to Government is that this should be extended.

Without wishing to be overly melodramatic about it, it is with a heavy heart that we endorse the motion. We acknowledge that it is necessary, but I want to acknowledge the Minister of State had to say generally about licensing law. This is a matter I have discussed with the Minister, Deputy McEntee. I welcome the idea that we would examine reform of our licensing laws because the reality is that they are quite outdated in many respects. For a long time, I have felt that the more we treat people like children in respect of their use and access and alcohol, the more they are likely to behave like children. It is important that we revise the systems that are in place. We should say to people that they are adults and citizens and they have the right to do as they please, but they must also take into account the effects of certain behaviour and, for example, the abuse or overuse of alcohol.

When it comes to pubs all emptying out onto the streets at the same time, restricted access to the purchase of off-licence alcohol after 10 p.m. and minimum unit alcohol pricing, I recognise the policy basis for these decisions and the reason these rules are in place. I recognise that there is an academic basis that supports and underpins them, but I do not agree with them. We need to approach this from a different angle. We need to say to people that they are adults and citizens and they must take responsibility for their behaviour in the same way as anyone else and that extends to alcohol. We should start with an education programme from the point at which children are at school before they are legally entitled to drink. We should teach them the dangers associated with alcohol, the effects of alcohol and the pitfalls that come with its use and consumption.

[For the full debate, click on this link to the Oireachtas website]