By Donal Hickey
TOURISM Minister John O’Donoghue is to press for changes in the controversial law that bans children from pubs after 9pm.Following severe pressure from the licensed and hotel trades, which claim business is being badly hit by the ban, he is to ask Justice Minister Michael McDowell to change the law.

However, there is a clear Cabinet split on the issue, with Mr McDowell insisting last night he was not for turning.

A Department of Justice spokesman yesterday said Mr McDowell had no intention of changing the law.

The ban on under 18s in pubs after 9pm surfaced widely as an issue during the local elections, particularly in tourism areas.

A spokesman for Mr O'Donoghue said he had been receiving representations from the industry about the impact of the legislation and had already relayed such concerns to Mr McDowell.

"Mr O'Donoghue also intends discussing the matter further with Mr McDowell in the context of the review of the legislation," he said.

Earlier this month, Mr McDowell said he would not revoke the law, despite claims by the Hotels Federation that it was anti-family.

"If somebody has some brighter way for me to distinguish between the teenager who's drinking an alcopop and the teenager who's drinking an orange at 10.30pm in a pub, I'll be glad to hear it," said Mr McDowell.

"Frankly, the Hotels Federation and others have attacked this as being anti-family but the fact is that for all the talk about this, nobody has come up with a scheme which I think is workable."

Under the Intoxicating Liquor Act 2003, persons under 18 may not be on a licensed premises unless attending a private function at which a substantial meal is served.

Hoteliers in Mr O'Donoghue's Kerry South constituency one of the country's top tourist areas have been lobbying him, leaving him in no doubt about the effects of the ban on their trade.

Publicans claim to be selling seven million fewer pints of alcohol in the past two months since the smoking ban was introduced a 20% fall-off in trade and that the children's ban is another barrier to business.

They also claim the law leads to situations where children and young teens are being left unsupervised outside pubs while their parents are inside.

"The danger is children are being left outside with nobody supervising them," said Fionnbar Walsh, manager of the Smerwick Harbour Hotel, near Dingle, Co Kerry.

Peter Huggard, of the Butler Arms Hotel, Waterville, Co Kerry, said if children were in bars with their parents instead of on the streets, there would be some control over them.

Mr Huggard said the law banning children in bars after 9pm was brought in hastily, with very little thought given to the effects on tourism.