Written Answers. - Liquor Licensing Laws.
Aengus Ó Snodaigh
Question:
127
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
if his attention has been drawn to the concerns of a coalition of equality groups opposed to changes in the Equal Status Act 2000 and Intoxicating Liquor Act 2000 to widen publicans' discretion to refuse service as recommended by the recent report of the Commission on Liquor Licensing on admission and service in licensed premises; if a fully inclusive consultation process will precede legislative change; and if he will make a statement on the matter.
[3097/03]
Aengus Ó Snodaigh
Question:
128
Aengus Ó Snodaigh
asked the
Minister for Justice, Equality and Law Reform
his views on the proposed changes to the Equal Status Act 2000 and Intoxicating Liquor Act 2000 to widen publicans' discretion to refuse service as recommended by the recent report of the Commission on Liquor Licensing on admission and service in licensed premises; if the Equality Tribunal will continue to hear, process and adjudicate complaints under the Equal Status Act 2000 and the Employment Equality Act 1998; if his Department values and supports the Equality Tribunal in its independent and balanced approach to dealing with cases pursued on all nine grounds of discrimination as outlined in these Acts; and if he will make a statement on the matter.
[3098/03]
I propose to take Questions Nos. 127 and 128 together.
The Commission on Liquor Licensing submit ted its report on admission and service in licensed premises in December last. The report contains a series of recommendations to strengthen legislative provisions in relation to licensing law and health and safety law.
Having considered the commission's recommendations in relation to a strengthening of licensing law provisions I have decided that an urgent response is called for. I intend, therefore, to bring proposals to Government as soon as possible for the necessary legislative changes, including stronger penalties, as recommended by the commission. The necessary preparatory work is already under way in my Department.
No formal recommendations in relation to equality legislation, structures and procedures were made by the commission in its report since the primary focus was on the liquor licensing code. Moreover, the commission noted that any changes to equality legislation would require further consideration and wider consultation.
One such issue raised by the commission was to provide recourse to the District Court when dealing with all licensing issues, including cases involving licensed premises under the Equal Status Act 2000. At present all cases under equal status legislation are heard by ODEI – the Equality Tribunal in first instance, with appeal to the Circuit Court.
Currently complaints of discrimination are considered, in the first instance, by the Office of the Director of Equality Investigations, apart from discriminating clubs whose redress is through the District Court. The Office of the Director of Equality Investigations is an independent statutory body set up under the Employment Equality Act 1998. The director and her equality officers and equality mediation officers are independent in the performance of their functions and carry out quasi-judicial investigations. I have no statutory function in relation to such investigations. I commend the ODEI – the equality tribunal on their work, both in terms of statutory functions under the equality legislation and in their efforts to develop the services they offer.
I have asked my Department to undertake a consultation process with the social partners, the ODEI – the Equality Tribunal and the Equality Authority on all the equality issues raised by the commission, and to report further to me on the outcome. Until such time as the consultation process has been completed, I have no further statement to make on the matter.
