Dáil Éireann debate -
Thursday, 28 Mar 2002

Vol. 551 No. 4

Written Answers. - Equal Status Act, 2000.

Denis Naughten

Question:

199 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the action he intends to take to address the concerns of licensed vintners regarding the Equal Status Act, 2000; if he intends to amend this Act; and if he will make a statement on the matter. [10945/02]

Denis Naughten

Question:

200 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he is satisfied with the current legislation which is forcing publicans to close their premises during Traveller funerals and weddings; if he intends to amend the current legislation; and if he will make a statement on the matter. [10946/02]

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

I propose to take Questions Nos. 199 and 200 together.

I am aware that the licensed trade are concerned that the rights of licence holders to refuse admission and service in the interests of operating licensed premises in a peaceful and orderly manner are being eroded. Arising from what they see as a diminution of the discretion previously available to them, they have called for a more general amendment of the Equal Status Act with a view to ensuring that they retain control of their premises. I accept that the interface between existing responsibilities on licensees under the licensing code and more recent obligations imposed by equality legislation is in need of clarification. While the licensed trade maintains that the provisions of section 15 of the Equal Status Act, 2000 – which were intended to ensure that actions taken by licensees in compliance with the licensing code could not be regarded as discriminatory – are not operating as intended, I note that neither the Circuit Court nor the High Court have ruled, on a point of law, on any appeals against equality officer decisions to date. I understand that five such decisions have been appealed to the Circuit Court but the grounds for appeal are not known to my Department at this time.

In the absence of case law, it would be inappropriate and untimely to propose amendments to existing legislative provisions. In the meantime, I consider it appropriate to request the Commission on Liquor Licensing – which is already engaged in a review of the liquor licensing code – to consider the issues arising in this context and to make recommendations, if necessary, for legislative changes. The Government has agreed with my proposal to extend the terms of reference of the Commission on Liquor Licensing as follows: "to examine the rights of licence holders to refuse admission and service in licensed premises and to make recommendations for any necessary legislative changes."

I have asked the commission to seek submissions from the general public, including particular groups that have taken positions, in the past, on the subject of equality, equal status etc., in addressing this new term of reference.