Jim Walsh (Fianna Fail)

I do not think this is really about equality adjudication. There have been abuses of the legislation, of which everyone will be aware, but that is probably not the issue either. This legislation correctly places a great onus on licencees. In doing so, they will be subject to adjudication by the courts on whether they have complied. Equality officers probably come with a certain perspective, which perhaps a District Court judge would not have and would may well be more objective in dealing with the matter. Any equality issues that might arise would have to be adjudicated by the judge in the context of the intent and the licensing provisions.

Bringing in equality officers and the District Court as two separate adjudicators is somewhat similar, if I can use the analogy, to having two referees in Croke Park – one watching for incidents of tripping and the other monitoring dangerous tackles. It would lead to all sorts of confusion. It is much more sensible to take the approach that is envisaged and that is no reflection on the District Court or the equality officers. We must ensure that licensees, publicans and those who will have responsibility for running licensed premises know that they will be dealt with in a consistent manner. That is imperative.

We are hung up on this because perhaps we believe the thrust of equality legislation has been somehow reduced, although that is not the case. If we stand back and reflect on the intent of the Bill, we will see there is a lot of sense in what is being done.

Question put and declared carried.

SECTION 20.

Question proposed: "That section 20 stand part of the Bill."