Equality Authority disappointed at Portmarnock decision

One of Ireland’s top golf clubs today won the right to bar women from becoming full members.

The High Court ruled Portmarnock Golf Club in Dublin could keep up its men-only tradition under equality laws.

Mr Justice Kevin O’Higgins found the all male club could be run on the same basis as a Catholics only chess club or a Bulgarian only Bridge club.

The ruling overturned a decision by the District Court in May 2004 that suspended the prestigious club’s liquor licence for seven days after finding the ban on women members was discriminatory.

Mr Justice O’Higgins found under the Equal Status Act 2000 men had the right to form a male only sports club. Section nine of the act exempts clubs whose principal purpose is to cater only for the needs of men.

The decision means women can play at the club after paying green fees but are not allowed to become full members.

Niall Crowley, Equality Authority chief executive, said it was unsatisfactory that the continued exclusion of women could be allowed in the 21st century.

“We are very disappointed at the outcome and disappointed that the High Court judge did not agree with the interpretation of the District Court judge and took a broad perspective on men’s needs,” Mr Crowley said.

“The Judgement maintains an unsatisfactory status quo – a significant institution in our society can continue to exclude women from membership.

“It can continue to set a standard that runs counter to any aspirations we might have as a society for greater equality between women and men,” he continued.

“This is unsatisfactory in a context of significant and persistent inequalities experienced by women in a broad range of sectors.”

Mr Crowley said he was not hopeful of a change of heart from Portmarnock even though the court case had thrown a harsh light on the club.

In a statement Portmarnock Golf Club welcomed the ruling and said the long-standing tradition of men-only membership had been vindicated.

“Portmarnock Golf Club is very pleased with the outcome of the case,” the club stated.

“We have said from the outset that the High Court was the appropriate forum in which to determine the issues in this case and we are happy that our views have been vindicated.”

The club, formed in 1894, claimed under its rules that it consisted of members and associates who are gentlemen properly elected and conformed with the rules of amateur status. There are currently 626 members and 625 associate members.

The High Court ruling however found that there was nothing in the Equal Status Act 2000 which would infringe on the rights of members of Portmarnock Golf Club to freedom of association.

Mr Crowley said there were two avenues open to the authority to fight the decision – appeal the decision through the courts or seek legislative change.

He said the ruling would take time to study before a course of action could be taken.