The Equality Authority is to appeal the recent High Court decision on Portmarnock Golf Club to the Supreme Court. The decision to appeal is based on the serious issues raised by the case and on the far reaching consequences of the High Court decision.
Niall Crowley, CEO of the Equality Authority highlighted that “the case raises key issues of principle for the effective promotion of equality where a significant institution in Irish society can exclude women from both the direct recreational benefits of membership and the indirect social and economic benefits that would flow from that membership”.
He pointed out “the concern of the Equality Authority that the decision of the High Court establishes a precedent that could potentially be availed of by other registered clubs to exclude women or to exclude people of a particular religion, gay and lesbian people and people from minority ethnic groups”.
The Equality Authority had originally applied to the District Court for a declaration that Portmarnock Golf Club was a discriminating club under the Equal Status Act. This was because the club excludes women from membership.
In February 2004 the District Court found that the club was a discriminating club and in May 2004 the District Court suspended Portmarnock Golf Club’s licence to sell alcohol for a seven day period. This suspension was not imposed pending an appeal of the District Court to the High Court by way of case stated and a constitutional challenge by Portmarnock Golf Club to the provisions of the Equal Status Act that relate to registered clubs.
In June 2005 the High Court decided that Portmarnock Golf Club was not a discriminating club under the Equal Status Act. It is this decision that is now being appealed by the Equality Authority. The High Court found against Portmarnock Golf Club in the constitutional proceedings