Dáil Éireann debate -
Thursday, 21 Feb 2002

Vol. 549 No. 2

Written Answers. - Equal Status Act.

Róisín Shortall

Question:

43 Ms Shortall asked the Minister for Justice, Equality and Law Reform the steps he intends to take to address the problems being experienced by publicans in regard to children on licensed premises, arising from the recent decision of the office of the Director of Equality Investigations; and if he will make a statement on the matter. [6096/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I assume that the Deputy is raising the question of changing the legislation due to the recent case of Maughan v. the Glimmer Man Limited which is a decision of the office of the Director of Equality Investigations under the Equal Status Act, 2000.

There has been a certain amount of misunderstanding concerning the finding of the equality officer in this case, which has given rise to concern on the part of the licensed trade – and on the part of parents – about the licensing, opening and operation of licensed premises.

For whatever reason, the impression that gained wide currency, was that the equality officer had ruled that children may be present in a licensed premises at any time provided that they are accompanied by a parent or guardian.

There were some important qualifications in the decision which, unfortunately, were not sufficiently highlighted in the public discussion and in media coverage which followed.

What the equality officer found was that having a blanket ban on under 18 year olds being in pubs with their parents is a discriminatory policy against parents of under 18 year olds on the fam ily status ground under the Equal Status Act, 2000.

However, the equality officer specifically stated that his finding should not be interpreted as meaning that publicans must serve parents when accompanied by their children in all circumstances.

Instances are cited by the equality officer where a publican could be entitled to refuse service, for example, where a parent was drunk or if a parent or child were disorderly. Moreover contrary to the impression that appears to have been created, the validity of a partial ban, that is, allowing children on the premises before a certain hour, was not considered at all in this case.

Under current licensing laws, the renewal of liquor licences 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. In certain circumstances, the licensees may, therefore, be required to refuse admission or service but this power may not be exercised in an arbitrary, unreasonable or discriminatory way.

Although the equality officer's ruling was quite significantly qualified in ways that have not been widely understood, I have, in the interests of providing reassurance to parents and others concerned about the ruling asked my Department to examine the ruling and the implications that flow from it. My Department is finalising its examination 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 licensed premises at all times.