ILGU preparing legal case on equality

On the publication yesterday of their official survey on the issue, the Irish Ladies' Golf Union (ILGU) raised the stakes in …

On the publication yesterday of their official survey on the issue, the Irish Ladies' Golf Union (ILGU) raised the stakes in the battle for equal status. Having been assured of Government support, they are preparing their case with the help of a noted senior counsel.

Mary Wallace, the Minister of State at the Department of Justice, Equality and Law Reform, has promised equal status legislation by the end of the year. "I have followed with interest the debate on women's status in golf clubs and I see it as being an important area of Irish life," she said.

Speaking at a reception to launch the survey, the Minister went on: "Although progress has been made in recent years, women have most definitely not yet attained equal status. I would accept this survey as being a dependable, authoritative and up to date statement of the attitudes of lady golfers."

By this stage, it is clear that politicians are aware of the constitutional difficulties involved. They acknowledge the constitutional right to free association, and that any moves for change must take account of that right.

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But Wallace indicated that she was prepared to use the renewal of drink licences as a lever against the male-dominated clubs, if necessary. Which is particularly interesting, given that there is a legal view that this could also be unconstitutional, on the grounds of discrimination.

Meanwhile, under the chairmanship of Eileen Fingleton, the ILGU have formed an equal status legislation committee which will liaise with the Government. "We have been working on the issue since last March," she said, "and have recommended to the union that the advice of senior counsel be sought, prior to making a formal submission to the forthcoming Equal Status Bill." As a result, Gerard Hogan SC, a leading constitutional lawyer, has been advised of the ILGU's priorities and his opinion is expected shortly. "The legislative avenue which we have chosen to pursue may take some time to effect," added Fingleton.

In simple terms, the objective of the ILGU is to ensure that the forthcoming equality legislation deals with discrimination in private clubs and that it will be effective in bringing about equality between men and women in golf clubs.

Referring to the survey, carried out by Lansdowne Market Research and published recently in these columns, the Minister said: "I am heartened to see the significant advance since 1991 in relation to full membership for women. In 1991, only 26 per cent of golf clubs offered full membership to women; by 1997, the figure was 61 per cent.

"Another welcome development is that `men only' bars in golf clubs are largely gone - just seven per cent of clubs have such a bar." But she went on: "Unfortunately, as the rest of the survey shows, women are far from achieving equality within golf clubs."

She pointed out that: "Over the past 25 years in Ireland, there has been a massive growth in the numbers of women in the workplace. Forty-two per cent of all women now work outside the home. Workforce participation by women aged 25 to 44 has risen particularly rapidly, to reach 64 per cent in 1997.

"It is clear that if golf clubs do not facilitate working women, they exclude a substantial number of women, particularly younger women, from participating in the game of golf. And I am dismayed that women are largely excluded from the most important club committees."

Though Wallace made it clear from the outset that she was not a golfer, the manner in which she had familiarised herself with the subject greatly impressed those present, including the representative of the Golfing Union of Ireland (GUI), Paddy Murphy, chairman of the Leinster Branch.

"For some years now, the GUI have left the ILGU in no doubt but that they support these moves," he said. "I have noticed a marked change in attitude among the clubs, and I think that much can be achieved through further co-operation between the two unions."

When the Minister claimed that the Equal Status Bill, which was published last year, contained "measures to deal with discrimination by registered clubs", one assumes this referred to drink licences. In the event, having passed all stages of the Oireachtas, the bill was referred to the Supreme Court which found it to be unconstitutional.

"I would stress that the Supreme Court's finding had nothing whatsoever to do with the provisions dealing with registered clubs," she said. The Minister added: "I would like to state firmly that the Government is fully committed to bringing forward revised equal status legislation, including measures to deal with discriminating golf clubs."

Despite the Minister's assurances, however, it is difficult to see how the Government's legal position on this issue, which was seen to have been flawed in the past, can have changed significantly for the better.

I can recall Maire Geoghegan Quinn, as chairman of a joint Oireachtas committee on women's rights about 13 years ago, threatening the non-renewal of club liquor licences as a lever toward making intransigent males toe the line. That was in the presence of officials of the ILGU and GUI, but it came to nothing.

The current approach of the ILGU, however, offers their members far greater hope, in my view. In areas such as voting rights, finance and imbalances in numbers within golf clubs, their legal advisor may find that they do, in fact, have a very sound case.

Either way, yesterday's events certainly gave the issue fresh impetus.