Repeal law on pub discrimination: IHREC
The Irish Human Rights and Equality Commission (IHREC) has called for 2003 legislation on discrimination in licensed premises to be “urgently repealed and replaced”.
The call came as the body published a review of section 19 of the Intoxicating Liquor Act 2003.
Under section 30 of the Irish Human Rights and Equality Commission Act 2014, the commission has powers to review the working and effect of any legislation relating to the protection and promotion of human rights and equality.
The IHREC report found that section 19 made it harder for people – especially members of the Traveller community – to challenge discrimination in pubs, bars, and other licensed venues.
‘Confusion’
Section 19 provides for discrimination cases in such venues to be taken in the District Court and not in the Workplace Relations Commission (WRC), where other discrimination cases are advanced.
IHREC said that this caused confusion, made the process complicated and costly, and discouraged people from making valid complaints.
Its report also said that section 19 failed to meet EU equality-law requirements, leading to uncertainty and inconsistency in how Irish courts handled these cases.
It called for section 19 to be repealed “immediately” and all discrimination cases involving pubs and other licensed venues to be moved to the WRC.
In the event of a delay in repealing the section, IHREC called on the Government to enact an explicit statutory mechanism within section 19 to transpose article 8 of the Race Equality Directive, reversing the burden of proof in similar terms to section 38 of the Equal Status Act.
Taking cases ‘waste of time’
IHREC pointed out that most recent cases had been taken by members of the Travelling community.
Its review quoted one Traveller organisation as describing discrimination against the community as “endemic”, adding that it was “almost a daily occurrence” for Travellers across the country trying to access hotels or pubs for family or social events.
Another Traveller NGO (non-governmental organisation) told the review that many discrimination cases went unchallenged, as people thought it was “a waste of time” taking cases.
Training call
The IHREC report called for training for District Court judges and for members of the Vintners’ Federation of Ireland and Licensed Vintners Association on the “endemic discrimination” faced by Travellers in trying to access services in licensed premises.
Chief Commissioner Liam Herrick said that section 19 had created “a two-tier system” that left people with weaker, more expensive, and less effective ways to challenge discrimination.
“This review shows the real human cost: people living in fear of being excluded and losing trust in our justice system,” he added.