There was widespread condemnation last night of the proposed changes to the Equal Status Act as part of changes to the drink laws.
Mr McDowell announced that jurisdiction in dealing with allegations of discrimination by publicans would be transferred from the Equality Tribunal to the District Court, which already deal with licensing matters.
He also announced changes in the law allowing publicans to refuse to serve drink to people under a certain age, provided this is clearly publicised.
Since it came into operation just over two years ago the Equality Tribunal has processed hundreds of cases of Travellers alleging discrimination by publicans, hoteliers and club-owners. In 2002, for example, more than half of all the 1,307 cases taken to the tribunal were taken by Travellers alleging discrimination by licensed premises. However, this fell in 2003, where the number of cases taken by Travellers fell in the first quarter of the year from 167 to 138, compared with the same period last year.
The publicans' organisations have claimed that the law has been abused by Travellers, and they have sought changes, including the removal of jurisdiction in such cases from the Equality Tribunal.
This has now been acceded to in Mr McDowell's proposals which have been welcomed by the Vintners' Federation of Ireland. The new legislation will also permit the Equality Authority to take discrimination cases against licensed premises in its own right to the District Court, or to support complainants doing so. However, the chief executive of the Equality Authority, Mr Niall Crowley, expressed grave concern about the proposals. "I just learned of the proposal from the press release," he told The Irish Times.
"I would be very concerned by the loss of the tribunal, which has an investigative role in such cases, and a role in mediation. It also has facilities like simpler procedures, a less formal atmosphere, wider right of audience and no cost, all of which makes it accessible.
"I am very concerned about the potential of such a measure to undermine the equality legislation which has only recently been put in place. These tribunals tend to be better at dealing with discrimination because of the expertise they build up."
The Human Rights Commission expressed strong opposition to the proposal. "We have already written to the Minister saying we are utterly opposed to this and urging him not to do it," said its president, Dr Maurice Manning.