The Equality Authority has sought an urgent meeting with the Minister for Justice to seek clarification of the Government's decision to amend the Equal Status Act.
Mr O'Donoghue announced on Tuesday that such an amendment would allow a publican to bar children from his premises at certain times or at any time without being guilty of discrimination. This follows a decision by an equality officer that parents are entitled to bring their children into licensed premises, and that preventing them from doing so can constitute discrimination on the ground of "family status".
Reacting to the Government decision, which he described as "unexpected", the chief executive of the Equality Authority, Mr Niall Crowley, said the proposals appeared premature. They appear- ed to be made on the basis of one case that had not been appealed, and where therefore there was no decision of a superior court, he said.
"There are a number of cases on the family status pending, the hearing of which should clarify issues such as health and safety and which might show there is no need for amendment to the legislation to achieve the Minister's goals. It could be more appropriate to amend the Intoxicating Liquor Act," he said.
Mr Crowley said he was also concerned at the precedent set by amending legislation on foot of pressure and controversy. This could undermine the credibility of the Act and of the Office of Equality Investigation. "Amendments need to be the product of a body of case law and an analytical review of this experience," he said.
He also expressed concern at the introduction of the concept of "good faith" into equality legislation. "It would appear to hand total discretion back to the publican," he said. Anti-discrimination had always focused on the effect of discriminatory behaviour rather than intent.
On Tuesday, Mr O'Donoghue also announced that he was extending the terms of reference of the Liquor Licensing Commission to examine the rights of publicans to refuse admission.
Mr Crowley said this commission was predominantly made up of vintner, hotelier and restaurant organisations, with no representatives from NGOs, equality or human rights organisations. "This is not the forum for an informed and disinterested examination of the issues," he said.
The Equal Status Act was new, he added, and was already weight- ed in favour of licence holders. "It is crucial that the Act is seen to be robust enough to stand up to controversy and pressure."