Dáil Éireann díospóireacht -
Tuesday, 17 Jun 2003

Vol. 568 No. 5

Written Answers. - Liquor Licensing Laws.

Richard Bruton

Ceist:

405 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the consultations he has undertaken in relation to his proposal to move equality cases in relation to licensed premises from the Equality Tribunal to the District Court; the number of submissions he has received; the proportion of those which are in favour of his move; and if he will make a statement on the matter. [16727/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

On 9 March 2002, the Government extended the terms of reference of the Liquor Licensing Commission, already engaged in a review of the liquor licensing code, to allow it to examine the rights of licence holders to refuse admission and service in licensed premises and to make recommendations for any necessary legislative changes. This decision was made in the light of controversy concerning the State's discrimination and licensing codes.

The Commission on Liquor Licensing submitted its report on admission and service in licensed premises in December 2002. As regards equality matters, the report contained a number of options for legislative change, one of which was the transfer of jurisdiction from the Equality Tribunal to the District Court, but no formal recommendation.

In January 2003, my Department launched a consultation process with the social partners in relation to Chapter 4 of the Commission's report –"Issues arising in relation to Equality Infrastructure".

One submission was subsequently received from the employer pillar (IBEC), one from the trade union pillar (ICTU) and two submissions were received from the community and voluntary pillar (Irish Council for Civil Liberties, joint response from equality and human rights organisations and Pavee Point). Two submissions were received from the statutory bodies being the Equality Authority and the Equality Tribunal. Bilateral meetings were held where requested.

I am strongly of the view that the District Court should have jurisdiction in all matters related to access and service in licensed premises whether under the liquor licensing code or under equal status legislation.

On 27 May 2003 the Government agreed to the drafting of a new Intoxicating Liquor Bill, including a provision to transfer jurisdiction for cases of alleged discrimination involving licensed premises – apart from accommodation related matters – from the Equality Tribunal to the District Court. The Equality Authority is to be given a new role in referring cases to the court and in providing assistance to those seeking redress. The type of redress for victims of discrimination is to be strengthened to include temporary closure of the premises and it is also intended that objections to the renewal of licences of premises found to have engaged in discrimination may be considered by the court with a view to revoking licences if necessary.

No reduction in legal protection in relation to discrimination will arise from the proposed change. I am satisfied that there is general public acceptance that a single venue should deal with all admission issues on licensed premises.