Michael McDowell (Dublin South East, Progressive Democrats)

There are sharply divided opinions on this section, which I accept. Some have taken it as an implied criticism of the equality tribunal that this decision was made. I offer no such criticism. The tribunal is doing an excellent job but a licensed premises is not the same as Brown Thomas, for example. The decision to admit or not to admit is a matter of legal consequence and controlled by the District Court. Failure to admit to a public house is an issue in relation to the renewal of one's licence, the orderly conduct of one's premises and, when the Bill comes into force, drunkenness. I do not want a situation where a publican sees someone enter his or her premises and thinks: "Hold it, this person is gay or lesbian or from a minority racial group or a Traveller. If I say "No" and there is trouble afterwards, the local sergeant will threaten me with closure under the latest Intoxicating Liquor Bill, while if a complaint is made to a tribunal in Dublin which operates a concurrent jurisdiction, I may go down the tubes for €2,000. What do I do?" That is not a fair dilemma for anyone.

I was reminded today in the other House by Deputy Cuffe that 12 groups had spoken out, with one voice, against this move but the vast majority of those who have mentioned this to me – who are not members of any of the groups but living in the real world, as I put it – support this provision absolutely. They believe it is reasonable.

The District Court is organised as the people's court. It is not a difficult court in which to do business. The District Court clerk is under a duty to help anybody who has no legal representative in filling out any documents necessary to bring people to book in that court. Also, for Senator O'Toole's information, lawyers have been found present in 30% of equality tribunal cases. There is no holding them back.