Equality Bill to have major impact - Taylor

"WE cannot afford to be complacent about the degree of equality and tolerance in our community" said the Minister for Equality and Law Reform.

Mr Taylor, introducing the Equal Status Bill, said it could not be denied that for too many people discrimination was an unpalatable reality. Quoting Father Micheal Mac Greil's book Prejudice in Ireland Revisited, he said it recorded a growing level of social prejudice against travellers and prejudice and intolerance of certain religious groups, homosexuals and persons with some disabilities.

The purpose of the Bill was to provide protection against discrimination for those who had up to now no statutory means of redress.

"At present there is no legal redress for the woman who cannot become a member of a local golf club simply because she is a woman, the person who is refused entry to a pub because he or she uses a wheelchair or the black person who is not given a flat simply because of his or her skin colour. Such people want more than sympathy, they want the protection of the law."

The unjustified exclusion of women from equal participation in golf clubs and other sporting and recreational clubs was highlighted by the Second Commission on the Status of Women. While the number of discriminating clubs might be decreasing, unequal treatment continued to exist and he did not think equality would be achieved by education and persuasion alone.

The Bill would discourage discrimination by clubs against members by allowing a complainant to apply for a determination from the District Court that a club, which was entitled to sell intoxicating liquor, was a "discriminating" club.

"If the club was determined by the District Court to be a discriminating club it would not be entitled to renew its certificate of registration and would not be entitled to public funds or the use of publicly owned recreational facilities until it had rectified the situation." He would be providing a six month lead in time for that section of the Bill.

"I would hope that clubs will put their house in order voluntarily and that this particular section will not have to be used."

A number of exemptions would be provided for. Clubs were not regarded as discriminating just because they catered for persons of a particular religion, age, nationality or ethnic origin. It would also be permissible for a club to provide separate, but equivalent, facilities for particular age groups or different sexes in certain circumstances.

Regarding apprehension about the effect of the Bill on publicans and other commercial interests, Mr Taylor said it would outlaw discrimination on specified grounds only. "It will not require traders to give open access to their premises. It will not prevent business people in the ordinary day to day running of their business from refusing service to someone because of misbehaviour, security concerns or inappropriate dress. It will not give any protection whatever to trouble makers or anti social elements."

Under the Bill claims of discrimination or harassment could be referred to the director of equality investigations, an independent official to be appointed by the Department. The director would have power to investigate, mediate or make decisions on claims, and could make awards of up to £5,000.

The Bill would, for the first time, give protection against discrimination outside the context of employment. It dealt with discrimination on grounds of gender, marital and family status, sexual orientation, religion, age disability, race, colour, nationality, ethnic origin and membership of the travelling community.

The Bill would have a profound impact on Irish society. It was a significant step towards a society of greater equality, mutual respect and tolerance.

The Fianna Fail spokesman on equality and law reform, Dr Jim McDaid, who welcomed the Bill, said his party had been instrumental in producing a great deal of legislation in this area over the years. "With the passage of time, and in the light of experience, shortcomings in law come to be recognised and I am quite sure that the present measure will also need amendments in the years to come as further types of discrimination emerge.

The time had come when places such as football grounds and theatres should be expected to have wheelchair facilities.

He welcomed the obligation being put on road authorities to provide sloped areas at pedestrian crossings and intersections, but there were countless crossings "where even an Olympic sprinter risks life and limb in trying to get to the other side".

Ms Helen Keogh (PD, Dun Laoghaire) also welcomed the Bill. There was still a lot of prejudice and intolerance. "The only intolerance I want to see is intolerance of intolerance itself."

Regarding clubs, she said there were many women who were outraged at the way they were regarded as second class citizens by golf clubs. But provision should be made in the Bill for the continuance of certain kinds of women only clubs and gay clubs. The Bill seemed to contain a "reasonable compromise" in regard to pubs and travellers.

Mr Brendan Kenneally (FF, Waterford) said it was wrong to represent the Vintners Federation as being interested only in keeping out travellers. People who were known to dabble in drugs, but who had yet to be convicted in court, were known to the managers of places of entertainment. "It would be foolhardy - I would say bordering on the criminal - to tie the hands of those responsible for the welfare of their patrons."

Mr Eamon O Cuiv (FF, Galway West) said the rights of Irish language speakers should be enshrined in statute. There were many older Gaeltacht residents who were more comfortable with Irish but were forced to use English when they went to hospital or into care.

Regarding travellers, he said they should be free to integrate with the settled community or remain as they were, but they should be helped in every way to become "full partners" in the areas where they lived. Those best endowed with material wealth were often the most astute in ensuring that the travellers would be "in everyone's backyard except their own".

The second stage was passed and the Bill was referred to a Dail committee.