Law leaves discrimination claimants in limbo

PEOPLE claiming discrimination by publicans have been left in limbo following controversial changes to the law last year.

Under the Intoxicating Liquor Act, discrimination cases have been transferred from the Equality Tribunal to the district courts.

Since the provisions came into effect in September, 2003, claimants seeking information and advice have been referred by the Equality Authority to the Department of Justice, who in turn have referred them back to the authority.

“It’s a matter that needs to be cleared up, because this is creating huge difficulties for people,” said Thomas

McCann of the Irish Traveller Movement (ITM). “We don’t know what to advise people. No procedures are laid down as to how to take a case on grounds of discrimination,” said Mr McCann, an equality worker with the ITM.

He said the confusion affected all people taking such cases, including people with disabilities, older people, ethnic minorities and gay and lesbian communities.

“The Equality Authority said there needs to be a change to the legislation to give them the power to advise and assist people,” said Mr McCann. “The Department of Justice thought the Equality Authority would continue working under the existing legislation.”

Previously, the Equality Authority provided advice and, in some cases, legal assistance to people alleging discrimination. The change in the law was opposed at the time by the Equality Authority, the Human Rights Commission and civil rights groups, but was welcomed by publicans.

An Equality Authority spokesman said yesterday: “The procedures in taking cases of discrimination regarding publicans is included under the Intoxicating Liquor Act 2003. As it stands, the Equality Authority has no scope under the Intoxicating Liquor Act.”

The department of Justice said the authority had a function to provide information under the Act.

“Section 19, subsection 7, of the Act states quite clearly that anyone who feels they have been discriminated against by a publican can request from the Equality Authority such assistance up to and including being represented in the court by the authority.”