McDowell accused of bias against young people over pub law change

JUSTICE MINISTER Michael McDowell was accused last night of discriminating against young people by allowing pubs and nightclubs to raise their age limits above 18.

The planned change to the Equal Status Act will allow licence holders to introduce a policy of serving alcohol only to people over the age of 21 if they wish.

But the National Youth Council of Ireland (NYCI) said the minister was rolling back on existing equality laws and scapegoating young adults for public order problems.

Although the management of a licensed premises has the right to refuse service, it cannot do so on the grounds of a person’s age once they are over 18.

The minister’s move is expected to be welcomed by pub and nightclub owners’ representatives, who had been calling for the law to be changed.

But NYCI assistant director Dónall Geoghegan said there should be no additional barriers on young people’s

access to services.

“The law states you can enter a licensed premises and be served once you are 18. We don’t see any reason to change that. It’s an example of blaming young people for the problems of wider society.

"Most young people behave properly and just go out to enjoy themselves,” he said.

Mr McDowell claims the changes will contribute to the elimination of discrimination in relation to the provision of goods and services.

The minister, who announced the changes to the Equal Status Act at the weekend, intends to publish the legislation as soon as possible.

Licence holders will be required to display the new age limit on the premises and implement the policy in good faith.

The issue of licensing laws and access to premises is expected to figure prominently at the Vintners Federation of Ireland conference in Letterkenny today.

At an Oireachtas Justice Committee hearing last month, the Irish Nightclub Owners’ Association said laws should be introduced to provide for a minimum age limit of 21 or 23 for admittance to a nightclub.

Mr McDowell is also changing the Equal Status Act to provide for the shifting of the burden of proof from the person making a complaint of discrimination to the person being accused, once a valid case has been established.

The changes will also allow claimants and respondents to choose any person, including an organisation, to represent them at an equality tribunal hearing.