New figures show fall in bias claims against publicans

Complaints of discrimination against publicans under the Equal Status Act fell sharply in the first six months of this year, …

Complaints of discrimination against publicans under the Equal Status Act fell sharply in the first six months of this year, according to new figures published today by the Equality Tribunal. Joe Humphreys reports.

There were 324 claims against licensed premises between January and June 2003, a 30 per cent drop on the same period last year.

Claims by Travellers fell by 27 per cent - this prior to the publication of new legislation due to limit the number of future complaints by having them heard by the District Court rather than the tribunal.

The drop in complaints against publicans contributed to an overall decline of 20 per cent in the number of claims under the Equal Status Act.

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In contrast, claims of discrimination under the Employment Equality Act were up by 40 per cent. This was partly due to the referral of a large collective agreement to the tribunal, as well as a total of seven claims under the Pensions Act.

The largest increase in employment claims was on race grounds, which almost tripled from 17 to 46 claims.

The drop in complaints against publicans follows the publication last month of the Intoxicating Liquor Bill, 2003, which, currently before the Oireachtas, includes provisions that will take equal status claims out of the hands of the tribunal and refer them to the District Court.

The move was recommended by the Commission on Liquor Licensing, which reported last December amid complaints by publicans of a rise in discrimination cases being taken by Travellers.

Defending the proposed transfer of responsibility from the tribunal to the courts, the Government has cited figures showing three-quarters of all complaints brought to the tribunal last year of discrimination by goods and service providers were instigated by Travellers. Three-quarters of these related to alleged discrimination on licensed premises.

As well as releasing the new figures, the director of the Equality Tribunal, Ms Melanie Pine, is to publish today 14 decisions - seven employment related cases, two of which were upheld and seven equal status cases, four of which were upheld.

The total compensation awarded in employment cases was €19,000 and €13,603 in equal status cases.

The former included a discrimination claim by a teacher against the Board of Management of Our Lady Immaculate Senior School, Darndale, Dublin.

Ms Josephine Bleach alleged, in relation to the selection process for promotion to the post of Special Duties Teacher, that she was victimised for having appealed the results of previous competitions. Her claim was upheld and the school was directed to appoint Ms Bleach to the post with effect from May 2000, and arrange for payment of arrears.

The other employment complaint upheld was by a female employee against a FÁS-supported Community Employment Scheme. The worker alleged discrimination on gender grounds, sexual harassment and victimisation. Maximum compensation of €13,000 was awarded.

Two equal status cases taken by members of the Traveller community were upheld, and two were rejected in the first six months of the year.

Mr Patrick O'Brien succeeded in his claim of discrimination against the Imperial Hotel, Tuam, when he was refused entry to a disco. Compensation of €1,000 was awarded.

Mr Michael McCarthy failed in his claim of discrimination against the Commons Inn, Cork. The same complainant and his wife failed in their complaint against a different pub, the Bowler's Rest Bar, Cork.