District Court to hear most discrimination claims

The vast majority of cases of alleged discrimination within the State will transfer to the District Court under legislation being…

The vast majority of cases of alleged discrimination within the State will transfer to the District Court under legislation being drafted in the Intoxicating Liquor Act.

The Equality Tribunal's annual report, which was published today, shows 75 per cent of all cases taken under the Equal Status Act of 2000 were instigated by Travellers, with three-quarters of those relating to alleged discrimination on licenced premises.

The report said the number of cases taken on the grounds of either equal status or employment discrimination rose by 17 per cent in 2002 over the previous 12 months. Around one-third of complaints in relation to employment are upheld.

Under the Intoxicating Liquor Act, jurisdiction for cases of discrimination on licenced premises will be dealt with in the District Courts. The Minister for Justice, Mr McDowell, insisted today that "no reduction in the legal protection in relation to discrimination will arise from this change".

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The act will be bring about "a considerable strengthening to the equality responsibilities of licencees," the Minister said. He said if any publicans were "foolish enough" to maintain a policy of refusing service to any members of the public merely on the basis of background, they risked large fines or even having their licence revoked.

Mr McDowell dismissed concerns raised by Traveller representatives that certain members of the judiciary have themselves discriminated against them in the past. He said he had "utmost faith" in the integrity of judges.

Equality Tribunal director Ms Melanie Pine was anxious to dispel public opinion that the body was promoting a "compensation culture". She said only 68 people were awarded compensation last year, with the average payout being only €1,000.

A total of €200,000 was awarded in 2002. Up to €6,349 can be awarded in cases that were non-employment related.

Ms Pine said although there was a 14 per cent drop in the number of equal status claims last year, the tribunal had received more employment-related complaints in the first five months of 2003 than in the whole of 2002. Most of these related to racial discrimination, she said.

"This may be because people are becoming more aware of their rights," Ms Pine said, rather than any upsurge in racism.

There is also a worrying growth in the number of allegations of discrimination against people with disabilities, from 18 in 2001 to 50 last year, she said.