Discrimination cases involving licensed premises should be taken out of the hands of the equality tribunal and dealt with by the District Court, or a new "more representative tribunal" the Commission on Liquor Licensing has recommended.
In its report the commission appointed by the Government to examine the licensing laws has questioned the fairness and abilities of the Office of the Director of Equality Investigations in dealing with cases of discrimination taken against pub owners. The report makes reference to the "procedural shortcomings" of the tribunal.
During its deliberations, the commission said, it became clear, "that no uniform approach was taken to the way in which hearings are conducted". 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".
In general, the commission, "advocates recourse to the District Court when dealing with all licensing issues" as the District Court had the advantage of being "transparent" and "open".
The Licensed Vintners' Association was "very much in favour" of the recommendation, said its chief executive, Mr Frank Fell, last night. "The way the equality tribunal works is a farce," he said.
"Handing over to the judiciary would bring these cases into an open arena which would be much clearer and fairer. The equality tribunal offered no due process and no examination process and just turned into a gravy train for certain groups of people," he added.
Bodies representing minority groups have come out against the report. The Irish Traveller Movement has condemned "any interference" with the work of the equality tribunal. "Recommendations that disputes be transferred to the District Courts would effectively deny access to the justice system for Travellers, as they just couldn't afford legal representation," said Mr Thomas McCann.
Any attempt to "row back" on or interfere with the equality legislation would be opposed on all grounds, he said.
Mr Liam Herrick of the Irish Council of Civil Liberties said it was "very concerned by the criticism of the equality tribunal. We have always maintained that the commission was an inappropriate body to look at this issue. It was set up to deal with the deregulation of the drinks industry and has no expertise to deal with equality issues", Mr Herrick said.
The commission was heavily weighted in favour of the drinks industry and "clearly played to the vintners' lobby", he added.
The National Youth Council of Ireland said the report "undermines the equality bodies and caves into licensees".
The director of equality investigations, Ms Melanie Pine, said it was up to Minister to decide which body would handle these matters. Her concern, she said, was with the application of the law "in an impartial and professional manner".
