Discrimination cases moved to courts

THE decision by Justice Minister Michael McDowell to transfer certain discrimination cases from the Equality Tribunal to the district courts was branded a retrograde step yesterday by the Equality Authority.

One of Ireland’s leading travellers’ rights groups also criticised the decision as a “kick in the teeth” to minorities.

Under the Intoxicating Liquor Bill announced by the minister on Tuesday, jurisdiction in cases of alleged discrimination in pubs will now rest with district judges.

These cases had been the sole preserve of the Equality Tribunal since it was set up two years ago.

Niall Crowley, the chief executive officer of the Equality Authority, said the move had the potential not only to undermine the institutions established under equality legislation but also the effectiveness of the legislation itself.

“We are concerned at the intention to transfer jurisdiction in certain cases of alleged discrimination in licensed premises from the Equality Tribunal to the district court,” he said.

Mr Crowley, whose organisation is not connected with the tribunal, said the district court was not the best forum to hear discrimination cases.

He added that the Equality Tribunal offers a number of significant advantages in adjudicating on cases of discrimination under the Equal Status Act, 2000. These included powers of investigation, a mediation service to solve disputes and ease of access for individuals.

“The Equality Tribunal offers an accessible venue because of its capacity to provide a wider right of audience as well as simple, flexible procedures, a less formal atmosphere and low associated costs,” said Mr Crowley.

He added: “We are concerned that the changes are being made without any formal review of the procedures or work of the tribunal to date.”

Mr Crowley’s views were echoed by Martin Collins of the Pavee Point Traveller Centre in Dublin.

“This is a very regressive step,” he said yesterday. “We are extremelydisappointed. It undermines both the integrity and the credibility of the tribunal.”

Mr Collins said it would have a hugely adverse effect on the pursuit of Travellers’ rights. “This is the second time in 12 months that Travellers have been kicked in the teeth. The Housing Act last May criminalised trespassing, and now this will make it much harder for cases of discrimination to be taken.”

Mr Collins said that, contrary to some media reports, the decision to remove the tribunal’s jurisdiction had not been recommended by the report of the Liquor Licensing Commission.

“I suspect this decision was made to appease publicans because of the effect earlier closing times and next year’s smoking ban will have on their business. It looks like we were the chip in this bargain,” he said.

The Equality Tribunal declined to comment on the decision other than to say it was monitoring the situation closely.