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.