Dáil passes Bill to allow drinking in outdoor seated areas of pubs, restaurants

Emergency legislation to make it legal to drink alcohol in outdoor seated areas of pubs and restaurants has been passed by the Dáil after gardaí in Galway warned earlier this month that it is not covered by law.

Minister for Justice Heather Humphreys introduced the Civil Law (Miscellaneous Provisions) Bill after the Government invested €17 million to support businesses to buy chairs and tables for an "outdoors summer".

The Bill was passed by 114 votes to six.

The Minister faced Opposition criticism in the ongoing fallout over Tuesday’s decision to delay the full reopening of the hospitality sector and the plan to only allow the fully vaccinated dine indoors, which was condemned as divisive and unacceptable. The Government’s outdoor summer plan was also criticised as a “limited, one dimensional message”.

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Independent TD Catherine Connolly said bylaws were introduced in Galway because of "huge issues in relation to out-of-control drinking in residential areas" to prevent drinking in the streets.

‘Get drunk’

But the Government message was to “go out and literally get drunk”, she claimed. There was no mention of surfing, sailing swimming or other outdoor “wonderful activities”.

Earlier, Taoiseach Micheál Martin insisted in the Dáil that it was the right decision to pause the reopening, adding that “we don’t want to divide society. We want to protect people.”

He expressed hope that the link between Covid-19 Delta variant cases and hospitalisation is being broken but said it is not certain.

Mr Martin stressed how stark the warnings were from the National Public Health Emergency Team (Nphet) and he quoted Scotland’s first minister, Nicola Sturgeon, who said that “Delta will rip through an unvaccinated population”.

Sinn Féin leader Mary Lou McDonald said the Government is giving “zero consideration” to unvaccinated young people in its proposals. She accused the Government of being “stubbornly” opposed to the use of antigen testing.

However in response to Labour leader Alan Kelly – who held up an antigen test and appealed to the Government to follow international example – Mr Martin signalled such tests may be used.

“We have to work with the industry on how best to proceed, including testing and other aspect which the Government might have to look at,” he said.

In the debate on the outdoor drinking legislation Ms Humphreys said it was “important that An Garda Síochána have clarity on their powers for public order purposes, and that licensed premises owners understand their obligations to maintain order in public areas where they are selling alcohol.

“We want to preserve that and support those business in what has been an unprecedented period of challenge.”

Sinn Féin justice spokesman Martin Kenny said the Government proposed the outdoor seating “without checking and making sure it had the legislation in place”.

‘Not communicating’

He said “the big issue” is not what the Government is doing but that the Government “is not communicating with people” properly so they understand why decisions are made.

Labour justice spokesman Brendan Howlin criticised Ms Humphreys for initially calling on gardaí to use discretion in policing outdoor drinking “before saying ‘let’s fix this legal difficulty that needs to be properly addressed’.”

He criticised the Government’s message “that if people pay for an overnight stay in a hotel, then the health difficulties evaporate. That cannot be the basis of a sound health strategy.”

Social Democrats joint leader Catherine Murphy criticised the Minister for “tacking on” provisions to increas

e the number of ordinary judges of the High Court in the Bill, which was not good precedent.

Ms Humphreys said this was to be part of another Bill but it was included here because of its “speedier progression” and the urgency to appoint more judges to deal with the pressure on the courts due to the pandemic.