Annual Report 2004.pdf - Equality Authority

Annual Report 2003coverMinister Michael McDowell pictured with KarenErwin and Niall Crowley at the launch of theEquality Authority Annual Report 2003Corporate Enforcement but no money hasever been recovered.Kathleen McDonagh v The Redcove Inn,DEC S2003-044 was a claim ofdiscrimination on the Traveller communityground. The Equality Officer ordered thatthe respondent pay €500 as compensationand that the respondent lift the ban onMrs McDonagh and her husband, shouldthey decide to frequent the premisesagain. The respondent did not complywith the order and an application waslodged under section 31 of the EqualStatus Act 2000 for enforcement of thedecision. The respondent then purportedto appeal the decision of the EqualityOfficer outside the 42 day statutory timelimit set down in the Act. The CircuitCourt judge hearing applications on bothissues on the same day, gave leave to therespondents to lodge an appeal outsidethe time limit laid down in the Act, relyingon his general jurisdiction under theCircuit Court rules. The Equality Authorityprovided assistance to the complainant tobring judicial review proceedings inrespect of the order of the Circuit Court.On the 8th of November 2004 the HighCourt granted leave to apply for judicialreview of the Circuit Judge’s orderextending the time for the respondent toappeal.(NB. The High Court on the 9th of May2005 quashed the decision of the Circuit