The Irish Traveller Movement has voiced serious concerns about whether minorities will receive justice in discrimination claims against pubs under planned new equality procedures announced this week.
The group has accused the Minister for Justice of undermining the Equality Tribunal by proposing to transfer the handling of discrimination cases involving licensed premises under equality laws away from it to District Courts.
The proposal, which is contained in a set of planned changes to the drink laws announced by Minister McDowell on Tuesday, has also been criticised by the Equality Authority and the Human Rights Commission, but supported by the Vintners' Federation of Ireland.
In 2002 more than half of the 1,307 cases taken to the Equality Tribunal were brought by Travellers alleging discrimination by licensed premises under the Equal Status Act. Mr David Joyce from the Irish Traveller Movement said yesterday that the Government seemed to have caved in to lobbying by publicans who had sought this change.
"There were certain judgments in favour of Travellers and I think that's what frightened the publicans - the reality that people did listen to the complaints of Travellers and say, yes, there is discrimination going on here. We would have serious concerns that that now gets ignored again," he said.
He said the Equality Tribunal was easier to access than the courts as its hearings were less formal. "District Courts are totally inconsistent in their judgments and in their attitudes to minorities and towards Travellers particularly," he said.
"All you have to do is look at the types of comments made by District Court judges, whether it's about Nigerians or about Travellers. It would make you seriously concerned whether minorities do receive justice at that level. The whole inconsistency at that level is a concern for Travellers."
He said the Government-appointed Liquor Licensing Commission, which advocated the change in a report last December, was "packed with vested interests".
The commission in its report to the Minister had questioned the fairness and abilities of the tribunal in dealing with cases of discrimination under equality laws taken against pub owners.
It said the approach taken depended on the individual equality officer hearing the case and "this lack of consistency generates uncertainty and a lack of confidence in the adjudication process".
Ms Anatasia Crickely from the National Consultative Committee on Racism and Interculturalism said "all the indicators were that" the proposal was not a progressive move.
"My main concern is that people experiencing discrimination have continued redress at the same standard that they've had it in the past and from that point of view I'd be particularly conscious of the expertise that the Equality Tribunal has built up in this area and of the climate of access that has built up for people from minority groups," she said.
The National Youth Council of Ireland has criticised the proposal to make identification mandatory for people aged under 21 on a licensed premises. It said the question was, would unscrupulous licensees ask to see such identification. The ISPCC welcomed the proposed measures to combat under-age alcohol use.