Helen Keogh
Question:8 Ms Keogh asked the Minister for Equality and Law Reform the progress, if any, which has been made towards the publication of the Equal Status Bill and if he will make a statement on the matter. [24670/96]
Other Questions. - Equal Status Legislation.
Brendan Kenneally
Question:12 Mr. Kenneally asked the Minister for Equality and Law Reform if he has satisfied himself that while removing the right of refusal of publicans, they will still maintain their obligations to run orderly establishments and if he will make a statement on the matter. [24731/96]
Máirín Quill
Question:20 Miss Quill asked the Minister for Equality and Law Reform the progress, if any, which has been made towards the publication of the Equal Status Bill. [24671/96]
I propose to take Questions Nos. 8, 12 and 20 together.
I propose to have the Equal Status Bill published shortly. The enactment of equal status legislation is necessary to enable Ireland to ratify the International Convention on the Elimination of All Forms of Racial Discrimination, 1965. The proposed Equal Status Bill will prohibit discrimination on specified grounds only. The right of a publican to refuse admission for any reason other than discrimination on the specified grounds will be unaffected. The Bill will not change the obligation of publicans to run orderly establishments.
In preparing this Bill I have had a series of meetings with vintners and other service providers and have invited proposals for safeguards to be included in the Bill which would meet their concerns. A number of constructive proposals have been made, and these have been carefully considered in my Department. I intend to ensure that the Equal Status Bill, while meeting its essential objective of outlawing discrimination on specified grounds, will not harm the legitimate interests of vintners and other service providers.
Exactly what is meant by "shortly"? I have seen many reports on this, and have even been told that the Bill would be published tomorrow, which I was delighted to hear. Obviously, I was misinformed. Does the Minister hope to publish the Bill and have a debate on Second Stage early in the new year? Is he satisfied that he has arrived at a suitable compromise, bearing in mind that many other minority groups are concerned about the publication of the Bill. To a certain extent travellers have been blamed for their lobbying in relation to the Bill. We have been unable to interpret the word "shortly" over the past year because we have been led to believe on many occasions that the Bill was about to be published.
The preparation of the Equal Status Bill is at a very advanced stage. It had been hoped to publish it during the present Dáil session but I regret it has not been possible to meet this target. However, I expect to publish it early in the new year and am hopeful that we will be in the new to debate it on Second Stage early in the new session. It has been a difficult Bill to prepare. It covers a wide range of activities in connection with which great care was required. I look forward to discussing with colleagues in the House the safeguards I will introduce in the Bill and all other aspects of it in due course. I will listen carefully to contributions; our legislative system is especially constructed to that end. I will also keep an open mind on these matters and will constructively and sympathetically consider workable and practicable suggestions as the Bill proceeds through both Houses.
Publication of the Bill has been continually deferred. Only last week the Taoiseach advised that it would be published before the end of this session.
Is the Minister aware of problems that may arise with regard to the Safety, Health and Welfare at Work Act, 1989? While the Act is mainly concerned with the protection of workers, section 7 provides protection to people visiting those at work, including visitors to licensed premises. While it may be for the courts to decide on issues arising from this, there is also a duty of care to customers. I am concerned that the proposed legislation may take this away.
Will the Minister outline what he meant when he referred to specified grounds only? Will a publican have to go to court if he refuses a person? We have often debated situations where proof may not be available to pinpoint those engaged in anti-social activities.
It is not possible to have a productive discussion on Question Time as to what precisely will be in the Bill. We must await its publication. When it is before the House we can have a detailed and constructive discussion on all its aspects. I have noted the Deputy's remarks regarding section 7 of the Safety, Health and Welfare at Work Act, 1989. I do not see how it will impact on the Equal Status Bill, but if on seeing the text of the Bill the Deputy considers there is such a connection I will be happy to discuss the matter with him.
It had been hoped to publish the Bill during this session. Regrettably this has not been possible, but we are getting close to the stage when it will be possible to have it cleared by the Government and published. I hope we will be able to proceed with this very important legislation as soon as possible in the coming session and I look forward to debating it with Deputies on all sides of the House.
Can the Minister confirm that he has been able to address the crucial issue of travellers' exclusion from places of public entertainment, and that this will no longer arise when the proposed legislation is enacted?
My constituency colleague, Deputy Flood, has always been especially concerned about the needs and rights of travellers and I have noted and appreciate his great care in this regard. Travellers will be one of the protected categories of people specifically provided for in the Bill. I look forward to the Deputy's comments on the text of the Bill in due course.