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Dáil Éireann - Volume 31 - 05 July, 1929

Intoxicating Liquor (Amendment) (No. 2) Bill, 1929—Second Stage.

Mr. Anthony: I beg to move the Second Reading of this Bill. I wish to point out that on the dates mentioned in the Bill two functions will take place in Cork City. One will be of a religious character and the second will be an important function as far as the G.A.A. is concerned. The reason we propose 5 o'clock in the Bill is that at 4 o'clock on the 14th Benediction will be celebrated on the Grand Parade, Cork. For that reason we think that the licensed houses should not be opened until after the event. We suggest that the trading hours should be altered from 2 to 5 to 5 to 8.

Mr. MacEntee: We should like some further information as to the second occasion on which the hours of opening are to be altered.

An Ceann Comhairle: That is with regard to the 21st.

Mr. Anthony: That will be the occasion of a very important Gaelic fixture. I refer to the semi-final for the All-Ireland Championship, and we expect about 30,000 visitors to Cork.

Mr. Corish: You are an optimist.

Mr. Anthony: The grievance [526] hitherto has been that on the occasion of Gaelic and Soccer fixtures and other athletic events thousands of visitors are unable to get reasonable refreshment after 5 o'clock. Many trains leave Cork about 5.30, and even in the hotels they cannot supply visitors because of the existing legislation. We ask that, pending the findings of the Commission and any subsequent legislation that may ensue, these temporary arrangements should be made.

Mr. MacEntee: It appears to me that this Bill introduces a very substantial change in the existing law and it might mean the establishment of a rather important principle. The idea of altering the hours during which licensed premises may be open in order to cater for a sporting festival is a rather novel one. We should like to know whether the Government have any opinions to express on the matter.

The President: I would have some timidity in opposing this measure by reason of the fact that, firstly, it is introduced by Deputy Anthony and, secondly, it is supported by Deputy French, and as they represent to a very considerable extent the intelligentsia in Cork, apart from the rather higher orders that I represent in that constituency, I would be rather slow to oppose such a beneficent proposal as the Deputy has consented to introduce.

It so happens that in respect to the boroughs of Dublin, Cork, Waterford and Limerick, the District Justice has not the power to issue a certificate that he has in the smaller towns throughout the country to extend the hours of opening in the case of an influx of visitors to a district. This is one of the subjects which the Commission set up to consider and make recommendations with regard to alterations in the law has before it and is considering now. For that reason I do not propose to oppose the measure.

Mr. MacEntee: It is an extraordinary thing that this, which will mean a very substantial change in the licensing law, is introduced in this [527] form and that the Government adopts the rather negative attitude which they have adopted towards it. The President has said that in the case of the County Boroughs of Dublin, Cork, Waterford and Limerick, the District Justice has not the power to vary the licensing laws in so far as the hours of opening and closing of licensed premises are concerned. We understand that the reason for introducing the Bill and for making it applicable to the 21st July is that there is going to be a Gaelic football or hurling match in Cork on that particular day. If the Dáil assents to this principle, what reason is there—what position would they be in if a Dublin Deputy introduced a similar Bill stating an athletic function is being held on a Sunday here in Dublin and that the hours of opening the licensed premises should be altered so that licensed premises might be open from five o'clock to eight o'clock? What position would the Government occupy in regard to a Bill of that sort? What position would they take up if such a Bill were introduced? I feel in view of the attitude the President has expressed here that the Government would be committed to accepting such a proposal as has been introduced here now. Of course, I know that at the moment the President does represent Cork. He is a bird of passage in regard to the constituencies he does represent.

Mr. Anthony: I think Seán French represents Cork too.

Mr. MacEntee: He has been representing Cork for a considerable period but we cannot say that for the President, and with the help of goodness Seán French will continue to represent Cork.

Mr. Byrne: So will the President.

An Ceann Comhairle: Let us keep to the Bill, and do not mind who represents Cork at the moment.

Mr. MacEntee: It seems to me if the relaxation of this law and the granting of this privilege is permitted it will simply mean that [528] hereafter whenever there is a hurling or football match in Dublin which will attract a considerable number of people from the provinces, that the hours of opening of licensed premises will have to be altered to meet the requirements of those people. Up to this that has never been accepted. The occasion on which the last Bill was introduced was an occasion which is not on all fours with the excuse which is now put forward. On that occasion we had what is called a national celebration. On this occasion we have what is only a provincial or local celebration. I do not think that sufficiently weighty reasons have been advanced to the House for accepting the Bill in view of the important precedent that you would thus create. I think that we ought to go very slowly in the matter. We ought to consider this very carefully before we allow it to get a Second Reading.

The President: The Government policy on this matter is at present being examined by a Commission, and we are awaiting their report. This is an occasion upon which a recommendation has been made by quite a number of the people in one of the most important cities of the country, and it does not interfere with any question of principle to vary the law pending a report on the subject from the Commission.

Mr. de Valera: What is the nature of the Commission that is sitting? What are the recommendations it is likely to bring in? With reference to the hours, is it a case that the question of opening on Sunday comes within the sphere of its investigations?

The President: No.

Mr. de Valera: Then how can that affect this matter? It seems ridiculous whenever they want to change the hours from three to five to bring in a Bill here for that purpose. Surely it would be much better if there is occasion to change the hours, and if it is found that the hours from 2 to 5 are more suitable [529] than from 4 to 7 or 5 to 8 that powers to vary the hours should be given to the senior magistrate.

The President: That is just the reference that is before the Commission.

Mr. de Valera: That power should be given to the senior magistrate with the permission of the Ministry of Justice. It is ridiculous that we should have Bills of this kind brought in here.

The President: That is the matter that is before the Commission at the moment—whether that power should be in the hands of the District Justice.

Mr. Anthony: I propose to take all the stages of the Bill to-day.

An Ceann Comhairle: The Deputy has not got the Second Stage yet.

Mr. de Valera: I would just like to state our attitude. We do not propose to oppose this Bill now, but our attitude will be largely determined by the promise given by the President that there is a Commission to examine the matter.

The President: I have made no promise. I have stated a fact.

Mr. de Valera: There is a Commission sitting and I expect that we will have a report fairly soon.

The President: I cannot vouch for that.

Mr. de Valera: I would like to hear when the report is expected.

The President: I cannot tell the Deputy. I can only say that Commission has been appointed.

Mr. de Valera: Will they ever report?

The President: I expect they will, but I cannot say until the report is received when they will report.

Question—“That the Bill be read a second time”—put and agreed to.

Bill put through remaining stages without amendment.

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