The Minister for Justice, Mr McDowell, has said publicans face a problem in controlling behaviour on licensed premises.
A tension had clearly arisen between the traditional licensing system and the new equality legislation, the Minister told The Irish Times in Galway this week.
He hoped the Commission on Liquor Licensing would come forward with proposals aimed at adopting a "single, coherent" approach to control, which would integrate the equality measures.
The Minister said the call made by PD colleague and Galway West TD, Mr Noel Grealish, for legislative change to allow publicans the right to refuse members of the Travelling community did not reflect party policy.
"Deputy Grealish is entitled to his views," the Minister added. This matter had been referred to the Liquor Licensing Commission.
However, the Minister said there was "a difficulty - and there is no point in hiding it" - in that publicans were faced with two different disciplinary regimes in relation to control of premises. He was keeping an "open, uncluttered mind" on the issue until the commission reported back.
The Commission on Liquor Licensing is reviewing the law on publicans' rights to refuse service to individuals.
Last month the vintners agreed not to impose a threatened ban on serving Travellers, following meetings with the Minister of State, Mr Willie O'Dea, who holds responsibility for equality.
Mr O'Dea also promised the Government would speed up work on a code of conduct for implementation of the controversial Equal Status Act, as well as clarifying the provisions in the licensing laws which allowed publicans to refuse service to individuals.
Mr McDowell acknowledged he would be adding a third regime for publicans to operate under the terms of the Criminal Justice (Public Order) Bill, 2002. The Bill gives the Garda significant additional powers to deal with drunken behaviour and disorderly conduct.
The Bill, which was re-introduced last June, covers a wide range of locations including nightclubs, fast-food outlets, take-away restaurants and off-licences.
Garda officers not below the rank of inspector will be able to visit the premises and warn the proprietor to take steps to abate public disorder in the area.
"If the proprietor fails to take these reasonable steps and comply with the requirements, the Garda Síochána can go to the district court and apply for closure, temporary closure and hours limitation."
The Bill will also allow district judges to ban people responsible for public order offences from being at or near premises mentioned in the legislation.
Mr McDowell said he was looking forward to the Dáil debate, but was struck by a recent contribution on the subject by Labour TD, Mr Michael D. Higgins, in the Oireachtas. "Having been a champion of unrestricted licensing hours, he is now calling my measure a declaration of war on young people."
The Minister said that enactment of the new Public Order Bill was his priority. He described as alarming the increase in public order offences in Galway city, where he launched a Business Watch scheme for Salthill on Tuesday night.
He attributed the rise to a number of factors, including alcohol-driven late night disorder, increasing urbanisation - and the use of different tactics by the Garda aimed at confronting disorder and dealing with it "rather than hoping it will go away".
