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Dáil Éireann debate -
Tuesday, 11 Jun 1996

Vol. 466 No. 6

Ceisteanna—Questions. Oral Answers. - Equal Status Legislation.

Helen Keogh

Question:

5 Ms Keogh asked the Minister for Equality and Law Reform whether he has received a copy of the circular prepared by the Vintners' Federation of Ireland entitled, the Case Against the Proposed Equal Status Legislation, 1996; his views on the contents of the circular; and if he will make a statement on the matter. [12014/96]

Helen Keogh

Question:

9 Ms Keogh asked the Minister for Equality and Law Reform the further progress, if any, that has been made in drafting the Equal Status Bill; when it is proposed to publish the Bill; and if he will make a statement on the matter. [12000/96]

Kathleen Lynch

Question:

11 Kathleen Lynch asked the Minister for Equality and Law Reform whether he has received detailed proposals from the Licensed Vintners' Association, the Vintners' Federation of Ireland and the Chambers of Commerce of Ireland regarding ways in which their concerns may be addressed in the Equal Status Bill; his views on whether, if implemented, those proposals would allow Ireland to ratify the UN Convention on the Elimination of All Forms of Racial Discrimination following enactment of the equal status legislation; and if he will make a statement on the matter. [12017/96]

Liz O'Donnell

Question:

20 Ms O'Donnell asked the Minister for Equality and Law Reform the further progress, if any, that has been made in drafting the Equal Status Bill; when it is proposed to publish the Bill; and if he will make a statement on the matter. [12002/96]

I propose to take Questions Nos. 5, 9, 11 and 20 together.

The Equal Status Bill is currently being drafted and is expected to be published during the latter half of this year.

The Minister for Equality and Law Reform has received a copy of the circular prepared by the Vintners' Federation of Ireland concerning the proposed equal status legislation. He intends to reply to the federation shortly giving his views and to send copies of the reply to all Deputies.

He met separately representatives of the federation, the Licensed Vintners' Association and the Chambers of Commerce of Ireland earlier this year. At the meetings, he made it clear that there could be no blanket exemption from the provisions of the Equal Status Bill for the licensed trade or for retailers generally and it was agreed that these bodies would let him have their proposals as to how their concerns could be met in the legislation. Since then, he has received proposals from the Chambers of Commerce of Ireland. Officials of his Department have met a representative of the Licensed Vintners' Association and further contact is anticipated.

After meeting with them, he wrote to the federation asking that they make specific suggestions prior to publication of the Bill and saying that he would like to meet federation representatives again to discuss these suggestions. The Chief Executive of the federation replied to him by letter dated 12 April in which he confirmed he would seek legal advice on drawing up suggestions for safeguards and would be in touch with him again.

Needless to say, representations from the Vintners' Federation and the other bodies referred to in the question will receive full consideration from him in the preparation of the Bill and during its passage through the Houses of the Oireachtas.

It is his intention that the provisions in the Bill will meet the relevant requirements of the International Convention on the Elimination of All Forms of Racial Discrimination.

Can the Minister for Equality and Law Reform reconcile the concerns of the vintners' association and the other retailers with those of the other groups involved in the equality campaign? Everybody agrees that the vintners have valid concerns. Will the Minister accept there will be a difficulty in ratifying the International Convention on the Elimination of All Forms of Racial Discrimination if the request, which we now know has come from the vintners, is acceded to?

I have spoken to the Minister, Deputy Taylor, on a number of occasions about this matter and I heard him address meetings of my parliamentary party and others. He is satisfied that he can address the concerns which have been expressed by various groups, including the Vintners' Federation of Ireland, and at the same time introduce legislation that will meet the obligations of this State in respect of the International Convention.

When will the legislation be introduced? This has been going on for almost four years. Will the Minister agree there has been an inordinate delay in this process. Surely it should be possible to deal with this legislation in a more speedy manner. It was remarkable that the Minister said the Minister for Equality and Law Reform only met the various groups who were concerned about this legislation earlier this year to seek their recommendations. Will he agree it is up to the Minister to provide the legislative framework rather than look for lobby groups to provide satisfactory wording?

I understand the Deputy's concern but this area is immensely complex. There is not much precedent in Irish legislation regarding its enactment here and much time and care is required to balance a variety of different rights under the Constitution. As far back as 25 January 1996 the Minister met various groups. I am satisfied from the information I have to hand that work is proceeding satisfactorily. It is the intention to have the Bill published in the second half of this year. Given the information I have to hand and from what I have heard from the Minister in the past there is no reason to believe we will not be in a position to meet that timetable.

The difficulty the vintners expressed relates to the indication that the Bill will not oblige a publican to give a reason for refusal of service to a customer at the time. They contend the proposed law will be unworkable and will cause more problems than it will solve. Is it intended to drop that provision?

Following the Minister's meeting with the federation he invited it to submit in writing its concerns and suggestions as to how they might be overcome. The chief executive of the federation replied to that request in April when he indicated he would seek legal advice. To my knowledge, that information has not been submitted to the Minister for Equality and Law Reform. When he receives the information and the accompanying legal advice it will be examined in the context of ensuring the vintners' concerns can be addressed while ensuring that the legislation enables compliance with the international convention on the elimination of all forms of racial discrimination.

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