Report to hit equality claims of Travellers
A report by the Liquor Licensing Commission recommends that equality investigators lose the power to determine disputes between publicans and travellers.
The report suggests transferring the power to resolve these disputes to the District Court or else setting up a system modelled on the Employment Appeals Tribunal.
The findings are likely to please publicans who have claimed that some travellers have been using flawed legislation simply to extort money. However, travellers' rights campaigners are likely to be enraged by the report, as they have already accused publicans of engaging in a campaign of vilification.
Travellers made 641 complaints against publicans under the Equal Status Act in 2001, and 570 complaints to September this year. In all, 75% of equal status claims were made by Travellers.
The average settlement in Equal Status cases was €997.
The Liquor Licensing Commission report on the issue was ordered by Junior Justice Minister Willie O'Dea last August after a dispute over service to travellers in Westport threatened to escalate. The Vintners' Federation of Ireland, which represents 6,000 publicans, had threatened a nationwide ban on travellers.
But the Commission, chaired by solicitor Gordon Holmes, immediately ran into a row within a row as both the Equality Authority and Travellers' representatives refused to co-operate with the investigation. This led to Justice Minister Michael McDowell also intervening.
The report, due to published in full tomorrow, is understood to criticise varying procedures followed by staff at the Office of the Director of Equality Investigations (ODEI). This is the agency charged with enforcing equality legislation, including the Equal Status Act 2000. Staff frequently apply monetary awards if they find in favour of Travellers.
The ODEI is also criticised for failing to guarantee a fair response for publicans and not having adequate procedures for cross-examining those bringing complaints. The legal qualifications of investigators handling claims are also called into question.
The report also criticises publicans’ reluctance to involve themselves in the mediation service offered by the equality agency. Staff at the ODEI declined to comment last night but informed sources saying that there is an even division between the numbers of complaints being accepted or rejected.
The ODEI website states that it is endeavouring to establish a simple, accessible and fair method of resolving disputes.
