2025-11-26

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 6 months, beginning on the 1st day of December, 2025, and ending on the 31st day of May, 2026. I am here to introduce a resolution to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. Deputies will be aware that the Act was introduced in July 2021 and this allowed the hospitality sector to continue to provide the sale and supply of intoxicating liquor in outdoor seating areas. This Act was introduced during the Covid-19 pandemic and much of the legislation enacted at that time was introduced in response to the real challenges faced by local businesses, in particular, because of the pandemic. Those in the hospitality sector faced enormous challenges and the State intervened and provided significant and worthwhile supports that kept many of those businesses going. The provisions of the 2021 Act were in place until 30 November 2021 and have been further extended eight times by resolutions of each House of the Oireachtas, in November 2021, May 2022, November 2022, May 2023, November 2023, May 2024, October 2024 and May 2025. Deputies will be aware that in May of this year, Government approved the priority drafting of the criminal and civil (miscellaneous provisions) Bill. It will include provisions to put outdoor seating on a permanent statutory footing and remove the need for the continued renewal of these provisions by resolution every six months. The general scheme of the Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Committee on Justice, Home Affairs and Migration for pre-legislative scrutiny. As the development of the Bill is ongoing, it will not be possible to bring these provisions into operation prior to 30 November 2025 The extension of the Act today will allow the hospitality sector, local businesses and patrons to continue to enjoy the benefits of outdoor hospitality while the measures to put it on a permanent footing are going through the Houses of the Oireachtas. In May of this year, Government agreed the extension of the Act for a further six months. The measures provided for in the 2021 Act also ensure that An Garda Síochána knows that those premises engaged in the sale and supply of intoxicating liquor in outdoor seating areas are doing so lawfully. Providing 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 the Act and is an important safeguard. The House will agree that it is essential that An Garda Síochána continues to have clarity regarding its powers for public order purposes and, equally, that licensed premises owners understand their obligations to maintain order in outside public areas where they are selling alcohol. The Government considers it to be in the public 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 to 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 has been welcomed by many. Its innovation is reflective of the demand for more variety and choice in the ways in which we socialise and in the types of venues and social spaces that are available. It is also a crucial to the viability of many local businesses across our towns and cities. Accordingly, it is proposed to extend the operation of the Act for a further period of six months, that is, until 31 May, 2026 to allow for ongoing certainty for all those operating in the hospitality sector, their patrons, local authorities and An Garda Síochána. In summary, we are here today to ask for the support of the House to extend the provision of outdoor seating which has proven to be popular with industry, local businesses and patrons. As previously stated, these provisions will be included in the criminal law and civil law (miscellaneous provisions) Bill and I therefore commend the motion to the House.

I thank the Minister of State. It is disappointing that we are back here again debating the extensions of these provisions. The motion seeks to extend the provision for the consumption of alcohol in relevant outdoor spaces, as provided for in the miscellaneous provisions Act 2021. As the Minister of State said, the current arrangements are due to expire at the end of this month and the motion would extend them for a period of six months. I want to be very clear. Sinn Féin supports the extension of the provisions but we believe very strongly that it is past time that we regularise these positions and not have a situation whereby the Dáil has to debate them every six months. Years after the Covid pandemic, when the measure was first introduced, the Government is still operating under emergency legislation when it should have regularised the position of outdoor seating areas on a permanent basis long before now. This is to be done by the criminal law and civil law (miscellaneous provisions) Bill 2025, on which the Joint Committee on Justice, Home Affairs and Migration has already completed pre-legislative scrutiny. We have been critical of the approach of the Minister, which has included a wide range of unrelated, diverse and, in themselves, important matters in a miscellaneous Bill. Therein lies the reason for the delays we have experienced. The approach of the Department has limited the scrutiny of individual changes but also means delays in what should be straightforward issues such as these when they are embedded in complex miscellaneous laws. Miscellaneous Bills should be used for limited and technical changes rather than a large range of complex issues which results in far too little time for scrutiny of individual measures and will invariably lead to flaws in legislation. The issue of outdoor seating is largely non-contentious. It should have been dealt with by way of a simple, straightforward Bill, which would take less time in terms of Dáil business than the situation we are in of having to renew these provisions twice a year. The provisions are good for the hospitality sector and that is why Sinn Féin will support the motion. However, we need a wider debate, which I hope the Minister of State will take on board, about how we can make villages, towns and cities better places to live in, work and visit and how to support a vibrant hospitality sector. It is clear to me we need a strategy for the rejuvenation of rural towns and villages that includes investment in public spaces, tackling dereliction and ensuring proper services and amenities. I have referenced in this House the situation in my home town of Carrickmacross and many towns like it that are desperately trying to revitalise their traditional town centre. It appears that rather than supports being put in place, the Government has put obstacles in the way. Carrickmacross, and every regional town across Cavan, Monaghan and further afield, wants measures to support businesses that will bring vibrancy and commercial activity back to our urban centres. Instead of that, we are seeing towns struggling. Businesses are struggling with the high cost of insurance and energy. The cost-of-living crisis is impacting on the money people have to spend in their local shops, cafés and restaurants. The most recent budget only made the situation worse. I commend Monaghan County Council on its initiative of a rates waiver for new commercial businesses operating within town centres. I encourage other local authorities to follow suit. We need a particular set of schemes that support existing commercial activities and ensure we keep the heartbeat of our towns going. On the one hand, we have closures of existing businesses that just needed a little support and a bit of a break to be able to maintain operations. On the other hand, we see a proliferation of other types of shops, particularly vape and mobile telephone shops. There is a need for some of those but not for the numbers we are seeing. I have raised directly with Revenue my concerns around the proliferation of vape and mobile telephone repair shops. They are countering what we need, which is a proper mix of retail, commercial and leisure-based activities and businesses in town centres. For that to happen, we need a level playing field in terms of compliance with the many rules and regulations in place. There are questions about how so many of these types of premises are operating so close together. Are they operating on the same basis as every other business? I welcome that having written to Revenue in this regard, it has indicated there is increased activity in relation to the compliance of these types of businesses to ensure that everybody trying to run a shop, pub, restaurant or other business is playing on a level field. Across our towns, we want legitimate, vibrant and innovative local businesses that create employment and bring increased footfall to town centres. Outdoor dining and socialising are part of protecting the vitality of the hospitality sector. We must do more than that. We need proper focus and debate in this House about how we can invest in and develop our rural towns and villages and support businesses and entrepreneurs trying to bring employment back to these areas. We will support the motion but we urge the Government to get its act together and bring forward the comprehensive legislation that will put these measures on a formalised and regularised basis.

The Labour Party, too, will support this motion. The move to allow more outdoor seating and socialising in our towns and cities was born out of necessity during the Covid period but it has been a really welcome development. In my city of Limerick, I have seen how welcome the parklets and outdoor dining in the city centre have been. I have also seen the opposite, where the council has gone in and unilaterally removed some of those parklets. In some cases, they needed to be removed because they were mouldy, decaying and dangerous. In other cases, such as Crew Brewing on Thomas Street, there was no need to remove them. There must be more flexibility in this regard. Like the previous speaker, I question the temporary nature of this legislation. We are coming back here every six months to do this. We need a proper Bill to put the provisions on a proper statutory footing. While this is a relatively small issue, it is symptomatic of the lack of co-ordination and joined-up thinking in the public realm in this country. While we are talking about outdoor dining and seating, I urge the Government to move on legislation to reform licensing laws, particularly in regard to nightclubs. There are only 83 nightclubs left in the country, down from 522 a number of years ago. The overly restrictive nature of our licensing laws is clearly contributing to that. We are not as far on as we think from the curry in Poldark's in Limerick. When I was in my late teens and 20s, there was a lot more availability of places to go. The previous Minister for justice, Deputy McEntee, was going to look at this in 2022 or 2023 but it sort of fell off the legislative priority list. It is really important because our night-time economy is suffering as a result of the number of night-time outlets, including nightclubs, that have closed, with many provincial towns no longer having a nightclub. The places I went to years ago, like, God forbid, Club Mission in Newcastle West and Trinity Rooms in Limerick, are all gone. That night-time scene has really been pared back. We will support the motion but we need a proper legislative framework. We need a Bill that deals with this issue once for all, thereby giving hospitality businesses the certainty they need. I urge the Government to move out of the dark ages when it comes to reform of the licensing law.

Independent Ireland will support this common-sense motion but I really do not understand why the same proposal has been brought before the Dáil on so many occasions. Why can we not just rubber-stamp it once and move on? Businesses in this country need this common-sense provision at this time. The legislation we are discussing was introduced as a temporary measure but outdoor dining has become a vital part of our hospitality sector. Businesses have adapted to the model and repeated extensions only create uncertainty. It is time to stop treating this as a short-term fix and make it permanent. It would provide clarity for businesses, local authorities and An Garda Síochána, thereby ensuring consistency and stability. Independent Ireland is very strong on this. We need this measure in place without having to keep discussing it so often. It is annoying and frustrating that local authorities are charging businesses rates per seat. I realise the councils are being starved of cash by the Government but it is not fair to turn on businesses that are struggling at present. Business owners have told me Cork County Council is charging them per seat outside their door. That is a very unfair situation and it is kind of sneaky. The only bit of relief businesses got was being able to serve customers outside their door but now that is coming at a price. While we welcome the reduction of VAT on food to 9%, which will, unfortunately, not apply until next July, I must call out what can only be described as a deeply underhanded move by the Government to increase VAT on room hire for events. This measure was buried in the Finance Bill and will see that VAT rate on hiring rooms for functions in hotels and guest houses jump from 13.5% to 23% - a 70% increase - from January 2026. This is a massive hike that will hit business and communities hard. I have raised this very recently in this Chamber and I have asked for the decision to be looked at again and overturned. To put this into perspective, one Cork hotel surmised that this change will cost it €25,000 annually if it absorbs it internally. To offset it, it will need to generate €120,000 in additional revenue, which is an impossible target in the current climate. These costs will inevitably be passed onto ordinary families and community groups. Weddings, communions, charity events and local gatherings will all become more expensive for many towns and villages. Hotels are the heartbeat of community life. Pricing people------

To conclude, Deputy.

I have four minutes.

No. The Deputy is sharing time with Deputy Tóibín.

I have Deputy Richard O'Donoghue's two minutes as well because he is missing. He is not able to attend. I also have my own two minutes, which gives me four.

Myself and Deputy Peadar Tóibín have two minutes.

Okay. Maybe I have taken too much time.

Yes.

I apologise.

Is that correct?

The Deputy still has 40 seconds left.

I have said enough. I am talking all my life.

Aontú obviously supports this Bill. We support the arrangements to allow for seating in public spaces for pubs and restaurants without a need to license it. There is a big question here regarding what is happening our pubs in this country. There is a significant fall-off in the number of pubs on an annual basis. There is a significant change in the social behaviour of society. More alcohol is sold in off-licenses every year and less alcohol is sold in pubs every year, and that is bad thing. A pint sold in a pub is a healthier, safer and more beneficial pint because we are becoming an isolated society. People’s mental health is suffering as a result of people not socialising enough in Irish society at the moment. When people consume alcohol alone at home, it is not good for their health or mental health. The heart and soul of towns and villages in this country are being gutted because restaurants and pubs are closing at such a rate. It is time for the Government to realise that we should levy less tax on a pint sold in a bar compared to a can sold in a petrol station because they are two completely separate things. Not only is a pint sold in a bar better for people’s mental health and the social well-being of the community, it also generates employment within that pub. For far too long, this Government and previous governments have attacked pubs in this sense and that needs to be changed. The last point I will make on this, which is important, is that we need to start talking about parking spaces in towns. Some of these locations take up a parking space, which is fine in some cases, but many of our towns and villages are dying currently because people cannot get into them because of massive traffic congestion and the lack of parking spaces. As a result, people are going online and buying their content there. There is a lot for the Government to think about in relation to this legislation.

Once again, we have the delays with the Courts and Civil Law (Miscellaneous Provisions) Bill 2025. Obviously, I welcome the temporary legislation. We spoke about it last May. I wish to focus on a couple of slightly left-of-centre things we could do alongside that legislation. In Rjukan, Norway, a mirror was put on the mountains because no sun shone on the town in the winter as a result of the mountains. Through innovation, there is now sunlight in the town square. There are a lot of towns and villages in this country that have some form of a square or street and we should be giving grants to ensure that these streets can be covered to protect them from both sunlight in the summer as well as rainfall, which happens often in this country. If we want to get people sitting outside, it is one thing allowing for seating – and I welcome the legislation to allow people to sit outside restaurants and bars on public streets to socialise – but when a heavy shower comes along, it drives people indoors very quickly. There are a lot of places. To provide an example in Ireland, there is a small, covered area in Castlebar, but I refer to something three or four times that size. For example, Strokestown was a designed town and it has a large square area which could be used for a market or seating area to revitalise the town. In our city and town centres, such as those in Cork, Killarney and Dublin, there is scope to cover major streets and encourage an outdoor night-time culture, not so much café culture, although we need more night-time cafés as well. I agree with the previous speaker, Deputy Tóibín, in trying to encourage people to go to the pubs and socialise there. That is also about providing refurbishment grants to pubs. Obviously, there are people coming for the tradition and the music but there are types of pubs where people want to go out and play different games, such as pool, table tennis, cards and different things like that. Pubs have become more multi-use spaces and if they need to re-assess their area for usage, grants available or rates rebates should be available in that regard.

Is it possible to come in?

Yes.

I thank the Leas-Cheann Comhairle for allowing that. I am happy to support the extension of the Courts and Civil Law (Miscellaneous Provisions) Bill 2025 once again but I will say at the outset what we said the last several times we have been asked to extend this piece of legislation: we cannot keep treating it as a temporary measure. I appreciate the Minister of State said in his opening contribution that this is going to be addressed. It is important we do that with some urgency. Outdoor dining has proven itself. It has changed how people use their city. It deserves permanence and not another six- to 12-month stay of execution. We have all seen the effect it has on the character and energy of Dublin. Drury Street, which I will pass by on my way home today, is one of the best examples we have of how outdoor dining can work when it is done right. Any summer, or even autumn, evening, the place is absolutely buzzing. It is full of life and it is showing exactly what a city centre can be when we give people the space to enjoy it. During the summer, I was heading through the city and I heard someone say that they were going into town, to which their friend fired back, “Are you on Drury duty?”. I love that because when language penetrates into the vernacular of the people, that is when you will actually see a measure worth keeping. The success of outdoor dining has always been about more than tables or chairs; it speaks to something deeper, that is, the right of people to experience a city as citizens and participants in a social life rather than mere consumers moving through it. If we truly believe in this, then we need to broaden its footprint. Last year, I said that we need to bring some of that ambition north of the river and I say that again today. Imagine Talbot Street, which is often discussed, with a stretch of outdoor dining and public seating. Imagine Amiens Street with colour and life spilling out from the shopfronts. Likewise, imagine Parnell Street as a vibrant, welcoming boulevard which all of its communities deserve. That is not fanciful because we have seen what happened on Capel Street where the council actually gave it some attention and totally transformed the whole dynamic of that street. We can start sending some of that love around some of those other streets too. These are streets where people live, work and spend their time and they would be utterly transformed by the confidence of the council and the State and a bit of design and political will. None of this can happen in isolation, however. Streets do not redesign themselves and business will not invest if the State refuses to give clarity. Local authorities cannot build a new public realm out of thin air. When we talk of the Dublin city task force, it got so much fanfare initially by the Tánaiste and then by everyone across the Government. They talked about it being essential but gave absolutely no resources to it. That is not only frustrating but it fails the city of Dublin. We cannot keep going on like this, talking about the need for urgent task forces, organising press releases and Ministers going to the GPO only for not one single cent to be given to it two years later. It was insulting to the people of Dublin to keep kicking that can down the road while the city cries out for investment, imagination and leadership. Outdoor dining has shown us what is possible. The people of this city, businesses and councillors have already embraced it. This House overwhelmingly and clearly embraces it also. It is time for the Government to stop renewing temporary solutions and start backing permanent ones by making this legislation permanent, funding the Dublin city task force, and giving local authorities the certainty they need to build - I am conscious I am speaking in the national Parliament but I am a Dublin representative - a capital city that people can be truly proud of. I will support the legislation but I will support even more strongly a vision of a city that is vibrant, public, inclusive and one that belongs to the people.

I thank the Deputies for their time and contributions. With the extension of the Act until 31 May 2026, I hope that it sends out a message of our determination to continue to support and provide clarity to businesses, An Garda Síochána and local communities. This is an important extension which clarifies the position of licence holders who wish to sell and serve alcohol adjacent to a licensed premises in an area provided by the relevant local authority. With the extension of this Act, continued certainty is provided to licensees. I reiterate that in May of this year, the Government approved the priority drafting of the criminal law and civil law (miscellaneous provisions) Bill, which includes the relevant provisions to regularise the position in respect of outdoor seating areas on a permanent basis. This will remove the need to apply for these extensions every six months. However, it will not be possible to have these provisions enacted by 30 November. We can all agree that these measures will successfully address the relevant issues which arose for licensees and that they have worked effectively and will continue to do so for the period ahead with the support of the Houses. Outdoor dining spaces boost the appeal and attractiveness of our towns and cities. They inject new energy and dynamism to local areas, as well as provide much needed support for local businesses and enterprises. Having come through the last few difficult years, it is wonderful to see that we are in a position to share our lively bars and restaurants with many new and returning visitors to our country. I thank the Deputies for their support.