The Supreme Court is expected to issue its decision on the appeal of the outcome of the gender discrimination case taken by the Equality Authority against Portmarnock Golf Club tomorrow Tuesday November 3rd 2009 at 10.30am.

Background:

Portmarnock Golf Club does not allow women to be members of the club.

The remit of the Equality Authority is to promote equality and fight discrimination. The Equality Authority identified that the case raised a matter of principle that is important and that holds a key relevance for the role and mandate of the Equality Authority.

The matter of principle in this case is one of gender equality but whatever judgement will come will have an effect on other grounds. The practice of Portmarnock Golf Club:

Excludes women from the benefits that accompany membership. These benefits are not only recreational but also social and economic. There is a professional purpose served by networking in golf clubs, where deals are done and contacts made that enhance career and business prospects.

Sets a standard that runs counter to any aspirations we might have as a society for greater equality between women and men. This standard set by such an institution can serve to perpetuate persistent inequalities experienced by women in a broad range of sectors.

Creates a precedent that could be followed by other similar clubs to disadvantage people from other grounds in a similar manner.

Equal Status Acts

Under Section 8 of the Equal Status Acts a club is deemed to be a discriminating club if it has a rule, policy or practice which discriminates against a member or an application for the membership on any of the nine grounds covered including the ground of gender.

The provisions in the Equal Status Acts relating to clubs, refer to bodies that have applied for or hold a certificate of registration under the Registration of Clubs Act 1904 – 1999. These clubs usually have over 150 members. This registration allows clubs to sell alcohol to members and certain visitors.

Any person, including the Equality Authority, can apply to the District Court for a declaration that a club is a discriminating club. If it is found to be a discriminating club the District Court can suspend a club’s certificate to sell alcohol for a period of up to thirty days.

There is an exemption to these provisions in Section 9 of the Equal Status Acts where the principal purpose of the club is to cater only for the needs of persons of a particular gender, marital status, family status, sexual orientation, religious belief or none, age, disability, nationality, or ethnic origin, or member of the Traveller community.

DISTRICT COURT

The Equality Authority entered into lengthy correspondence with Portmarnock Golf Club from July 2001 onwards but the club did not change their rules regarding membership.

In 2003 the Equality Authority instituted proceedings under Section 8 of the Equal Status Acts seeking a declaration that Portmarnock Golf Club was a discriminating club.

Judge Collins in the District Court found that Portmarnock Golf Club was a discriminating club. She found that Portmarnock Golf Club could not rely on the exemption in Section 9 of the Equal Status Acts. She found that the principal purpose of Portmarnock Golf Club is to play golf, and that the words of the statute do not ascribe a special need to men’s golf.

On 18th May 2004 Judge Collins suspended Portmarnock Golf Club’s licence to sell alcohol for seven days.

THE HIGH COURT

It was Portmarnock Golf Club’s decision to appeal the District Court decision to the High Court. Portmarnock Golf Club brought an appeal by way of case stated to the High Court in respect of the judgment of the District Court. It also instituted constitutional proceedings in relation to the Equal Status Acts.

In June 2005, Mr Justice O’Higgins did not accept that the Equal Status Acts were unconstitutional. He found that the Oireachtas was entitled to legislate positively to vindicate and promote the value of equality in legislation promoting those values which may legitimately have an effect on private individuals.

However, Mr Justice O’Higgins found that Portmarnock Golf Club’s principal purpose is to cater only for the needs of male golfers and that the club could rely on the exemption in Section 9 of the Equal Status Acts.

SUPREME COURT

Following the High Court’s interpretation of the Equal Status Acts which contradicted the interpretation taken by the District Court, the Equality Authority had no alternative but to appeal the decision to the Supreme Court in order to obtain a definitive interpretation on the provisions.

The Equality Authority appealed the Equal Status Act finding to the Supreme Court. Portmarnock Golf Club also appealed the constitutional finding.

The constitutional proceedings were adjourned by the Supreme Court until a decision is made on the case stated under the Equal Status Act.

The case stated (statutory interpretation) was heard before the Supreme Court on 18th December 2008 and 31st March 2009.

The case is listed for judgment by the Supreme Court at 10:30am on Tuesday 3rd November 2009.

ENDS