Discriminating clubs beware!
Ireland has long had statutory and common law provisions prohibiting discrimination. In recent times, however, Ireland’s equality legislation has been undergoing something of an overhaul. The Employment Equality Act, 1998 dealt in some detail with discrimination in the context of the employment relationship. This overhaul has continued with the introduction of the Equal Status Act, 2000 which came into force on 25 October, 2000.
The fundamental provisions of the Act are to prevent discrimination in disposing of goods, or in providing a service to the public. The goods and services do not have to be paid for – the Act applies regardless. As with all rules, there are certain exceptions, details of which are set out in the Act.
The outlawed grounds of discrimination are similar to those found in the employment legislation. Discrimination is prohibited on any of the following grounds:
- Gender
- Marital status
- Family status
- Sexual orientation
- Religion
- Age
- Disability
- Race
- Membership of the Traveller community
Of particular interest are the provisions which deal with discriminatory clubs. These provisions were introduced primarily as a response to discrimination encountered by females in many sporting clubs. Under the Act, discrimination by a club can arise from any rule, policy or practice which discriminates against a member or an applicant for membership, or if a person involved in the management of the club so discriminates. Clubs are specifically prohibited from:
“(i) Refusing to admit a person to membership;
(ii) Providing different terms and conditions of membership for members or applicants for membership;
(iii) Terminating the membership of a person or subjecting a member to any other sanctions; or
(iv) Refusing or failing… to do all that is necessary to accommodate the needs of a member, or an applicant for membership, with a disability”,
when any of the above action has been taken by the club on discriminatory grounds.
The new provisions are sure to be taken seriously by clubs – a discriminating club can have its intoxicating liquor licence revoked. Essentially, once a finding has been made by the District Court that the club has engaged in prohibited discrimination, the club’s registration must be suspended for up to thirty days. Since a club must have its registration in order to have the benefit of its liquor licence, the effect of this is the suspension of the club’s liquor licence. If the club offends again, and there is a second or subsequent finding by the District Court, the club registration is suspended indefinitely until the District Court removes the finding. Interestingly, the Act also provides that employees of the club must be paid during the period of suspension, so that they are not prejudiced by suspension of the licence.
Finally, the Act also extends the powers of the Equality Authority so as to ensure improved monitoring and supervision of the anti-discrimination provisions.
In May 2003, the Minister of Justice, Michael McDowell, announced proposals to further amend equality legislation so as to implement the provisions of the European Directive against racial discrimination, the Framework Employment Directive and the Gender Equal Treatment Directive. The proposed Bill will also make a number of other amendments to both the Employment Equality Act, 1998 and the Equal Status Act, 2000. The amended legislation should come into force by the end of 2003.
David Phelan
June 2003