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Dáil Éireann debate -
Thursday, 21 Feb 2002

Vol. 549 No. 2

Written Answers. - Equal Status Act.

Gerry Reynolds

Question:

39 Mr. G. Reynolds asked the Minister for Justice, Equality and Law Reform if he proposes to make amendments to the Equal Status Act, 2000, as a consequence of difficulties being experienced by the licensed trade and in respect of which he has received representations; and if he will make a statement on the matter. [4290/02]

I have received a number of representations about the Equal Status Act, 2000 as it applied to the licensed trade which raised issues concerning a perceived conflict between the rights of customers under the Equal Status Act and the rights and duties of licensees to manage their premises. In particular, vintners complain that the trend in cases heard to date have been unfavourable to licensees.

Complaints of discrimination are considered, in the first instance, by the Office of the Director of Equality Investigations. The office of the Director of Equality Investigations is an independent statutory office set up under the Employment Equality Act, 1998 and the director and her equality officers and equality mediation officers are independent in the performance of their functions. Under section 22 of the Equal Status Act, 2000 the director may dismiss a claim at any stage in the investigation if she is of the opinion that the claim has been made in bad faith or is frivolous or vexatious or relates to a trivial matter.

Once a case has been determined by the director, the complainant or respondent involved may appeal against the decision to the Circuit Court.

Regarding the question of licensees retaining control over their premises the position in the current licensing laws is that a licensee may refuse admittance or service to a person or require him or her to leave a licensed premises. For example, it is an offence to permit drunkenness, or any violent or quarrelsome conduct, in a licensed premises or to sell intoxicating liquor to a person who is drunk. Moreover, the renewal of liquor licenses is conditional on the peaceful and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence.

Where licensees are the subject of threats of violence, actual violence and assault or extortion these are all criminal offences and as such should be reported to the Garda Síochána immediately.

While licensees may be required to refuse admission or service in certain circumstances, this power may not be exercised in an arbitrary, unreasonable or discriminatory way. Actions by a licensee that are arbitrary or unreasonable may give rise to objections to renewal of the licence. Moreover, discriminatory actions by the licensee that run counter to the provisions of the Equal Status Act, 2000 may be referred to the Director of Equality Investigations.

Section 15 (1) of the Equal Status Act provides that where a service provider has reasonable grounds, other than discriminatory grounds for the belief that provision of the service to the customer in question would produce a substantial risk of criminal or disorderly conduct or behaviour or damage to property, the service provider is not required to serve the customer. Section 15 (2) of that Act further provides that actions taken in good faith by a licensee for the sole purpose of ensuring compliance with the provisions of the Licensing Acts, 1833 to 1999, shall not constitute discrimination.
The provisions of section 15 of the Equal Status Act, 2000, referred to were intended to enable service providers, including licensees to maintain control of their premises without contravening the anti-discrimination law. I would be very concerned if that section was not achieving its aim. Any licensee who is aggrieved with a decision of the equality officer can appeal it to the Circuit Court. The costs associated with defending a claim under the Equal Status Act and of taking an appeal are insurable costs.
I have been advised by the office of the Director of Equality Investigations that of the 46 relevant decisions taken to date only five of those decisions have been appealed to the Circuit Court. No Circuit Court decisions on appeals have yet been made.
Until such time as I have judgments handed down from the Circuit Court from which weaknesses in the Equal Status Act can be identified, particularly in section 15, I have no clear basis for amending the law.
In the case of access of children to pubs the legal issues have been clarified to my satisfaction and I intend to seek Government approval as soon as possible for legislative proposals to ensure that a licensee is not obliged to allow children on his or her premises at all times.
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