The Irish Human Rights and Equality Commission (‘the Commission’) has today published a new review of Section 19 of the Intoxicating Liquor Act 2003, calling for it to be urgently repealed and replaced.
The Commission’s review finds that Section 19 makes it harder for people to challenge discrimination in pubs, bars and other licensed venues, especially for members of the Traveller community.
Section 19 provides for discrimination cases in licensed premises being taken in the District Court and not in the Workplace Relations Commission, where other discrimination cases are advanced. This causes confusion about where people can take their cases, makes the process complicated and costly, and discourages people from making valid complaints.
Section 19 also fails to meet EU equality law requirements, leading to uncertainty and inconsistency in how Irish courts handle these cases.
International and national equality bodies have repeatedly criticised this system and called for reform.
Crucially, this law has an unequal impact. Most recent cases have been taken by members of the Travelling community.
As one Traveller NGO told the review:
“I would say discrimination against Travellers is endemic, I mean it’s pervasive, whatever word you want to use, it’s widespread, it’s unfortunately almost a daily occurrence for Travellers across the country trying to access hotels, pubs for weddings, christenings, birthday parties, confirmations, holy communions or even just to go for a social drink.”
In addition, many complaints never go ahead because of the barriers involved.
In explaining why, one Traveller NGO said:
“People think it’s a waste of time. Fatalism, apathy, we’ll get nowhere, we won’t win anyway. A lot of discrimination cases go unchallenged.”
A Traveller outlined his experience in taking a case under S.19 in the District Court:
“In the District Court, everyone is in for criminal cases. They just look at you and think you’re a criminal, it makes you feel like a criminal… Anyone you see in court is up there for something wrong, driving conviction, drug dealing etc. When I go in there, people think how can he be a youth worker, the assumption is that… You wouldn’t be in fear of the WRC, you’re treated fairly and welcomed. The court’s system usually negatively portrays Travellers…”
- The Commission recommends that Section 19 be repealed immediately and all discrimination cases involving pubs and other licensed venues moved to the Workplace Relations Commission (WRC), which already handles similar complaints.
- Should there any delay in repealing s.19, the Department should enact an explicit statutory mechanism within Section 19 to transpose Article 8 of the Race Equality Directive, reversing the burden of proof in similar terms to Section 38 of the Equal Status Act.
- The Commission recommends that the State enacts an explicit statutory mechanism, in compliance with EU principles of equivalence, requiring each party to bear their own costs;
- The Commission recommends that District Court Judges receive training on the endemic discrimination faced by Travellers in trying to access services;
- The Commission recommends that members of the Vintners’ Federation of Ireland and Licensed Vintners Association receive training on the endemic discrimination faced by Travellers in trying to access services in licensed premises.
The Commission has supported many people bringing Section 19 cases and will continue to work with Government, the Oireachtas and other partners to make sure these reforms happen without delay.
Chief Commissioner Liam Herrick said:
“Section 19 has created a two-tier system that leaves people, especially Travellers, with weaker, more expensive and less effective ways to challenge discrimination.
“This review shows the real human cost: people living in fear of being excluded and losing trust in our justice system.
“The solution is clear and urgent, repeal Section 19 and return these cases to the WRC. While any delay remains, put in place strong safeguards so that everyone has fair and equal access to justice.”
In publishing this Review, the Commission is exercising its powers pursuant to Section 30 of the Irish Human Rights and Equality Commission Act 2014 (IHREC Act). The provision bestows specific discretionary powers and/or obligations upon the Commission to review the working and effect of any legislation which relates to the protection and promotion of human rights and equality.