Equality body faces huge bill for golf club's legal costs
Friday November 20 2009
THE Equality Authority is facing a legal bill of up to €500,000 following the Supreme Court's rejection of its claim that Portmarnock Golf Club, which excludes women from membership, is in breach of the Equal Status Act.
Earlier this month, the Supreme Court upheld a 2005 High Court finding that the club is not a "discriminating" one, on grounds it falls within exemption provisions of the Equal Status Act 2000 relating to clubs catering for the needs of persons of a particular gender.
In 2004, the District Court found Portmarnock's primary purpose was the playing of golf, not catering only for the needs of men, and it was therefore a discriminatory club, a finding exposing it to losing its drinks licence.
Issues concerning interpretation of the relevant provisions of the Equal Status Act were referred to the High Court to review a point of law. In 2005, the High Court overturned the finding of discrimination after holding the primary purpose of the club was to cater for the "needs" of "male golfers".
Yesterday in the Supreme court, Donal O'Donnell, for the club, argued the authority's approach to the case meant more costs were incurred than was necessary and it was entitled to its costs, including the cost of arguing the constitutional issue.
Barrister Frank Callanan, for the authority, accepted it had a liability for costs but said it would be "punitive" to impose on a public authority the costs of a constitutional action.
Ms Justice Susan Denham said the court had decided the club was entitled to its costs in the High and Supreme Court relating to the legal review.
The ruling is expected to lead to a reduction in the Portmarnock club's costs bill which the authority will have to pay.
- Tim Healy
Irish Independent
