Equality legislation - McDowell’s dangerous precedent

WORRYING signs of creeping authoritarianism, mixed with a growing disregard for the interests of minority groups, are manifest in the proposal

Having recently snubbed a Dáil committee probe into the Government’s blocking of a UN treaty on rights for disabled people, the minister now intends ramming legislation through the house to remove publicans from the remit of the Equality Tribunal. Instead, they would be subject to the District Court in discrimination cases.

Astonishingly, no action group, including the tribunal itself, was consulted by Mr McDowell. Understandably, this proposal is causing grave concern among disabled people, Travellers, women, the Irish Council of Civil Liberties, gays, lesbians, and other minority groups.

Such a dramatic shift of legal responsibility after only three years experience of existing equality legislation, implies the Government is bowing to intense lobbying by vintners.

Mr McDowell was unconvincing when he sought to justify this totally unnecessary move at yesterday’s session of the Dáil justice committee. Describing the change as a common-sense law, he suggests that making publicans subject to District Court sanction in equality cases would have much the same impact as clamping on Dublin motorists.

However, given the jaundiced view of publicans towards the present equality laws, it defies logic to suggest the proposed change would weigh more heavily on those in breach of anti-discrimination legislation. In fact, the only significant thing likely to happen is that Mr McDowell will get a flood of Christmas cards from delighted vintners.

It does not follow that the same judge who awards liquor licences should also adjudicate on cases of discrimination. From neither a legal nor human rights perspective, can the two issues be equated. Clearly, there is a world of difference between the enforcement of equality laws and the normal licensing legislation. In no way should they be lumped together.

It is disingenuous of Mr McDowell to claim that anyone who says this bill is emasculating the equality law is grossly distorting the situation. Undeniably, it will severely dilute the impact of the present law as a deterrent against discrimination by publicans.

It goes without saying that the broad interests of licensed vintners must be protected, but what the minister is proposing threatens to undermine the rights of victims of discrimination.

To make matters worse he plans to railroad this dubious legislation through the Dáil within the next two weeks even though it has yet to be finalised. His failure to consult any equality group is reprehensible.

For the minister to have the gall to amend the present act after only three years sets an extremely dangerous precedent.

Human rights groups have good reason for fearing such a change would fundamentally alter the present law under which every service and goods provider is subject to the Equal Status act.

If this high-handed proposal goes ahead, publicans would be treated differently in cases of discrimination and would no longer be investigated by an expert tribunal. If Mr McDowell is willing to change what the public regard as a sound law, merely to satisfy a lobby group, perhaps he should consider his position.