IRISH TRAVELLER MOVEMENT
4-5 Eustace Street, Dublin 2, Ireland
Tel: +353 1 679 65 77
Fax: +353 1 679 65 78
Email: itmtrav@indigo.ie
www.itmtrav.ie
17th January 2013
PRESS RELEASE
PRESS RELEASE
Traveller Women Bereaved by Suicide Win Case
For Refusal of Admission to an “Aware”
Fundraising Event
Today Killarney District Court
(January 17th Killarney District Court) Today a District Court Judge made an order in
favour of two Traveller women in their case against a licensed premises McSorley’s,
Killarney who refused them entry to a fundraising event in February 2013 in aid of
Aware, the depression support organisation. The Irish Traveller Movement Independent
Law Centre represented both women who had been widowed by suicide in the previous
3 months and 2 years. This followed the hearing of evidence from both sides for two
hours, following which the licence holder - who had fully contested the case - finally
admitted the discrimination.
Linda Mongan and Margaret Rose O Neill had purchased tickets in advance, but were
told by the door man that no such charity event was on, despite them witnessing many
people entering the venue for the event. The incident caused considerable upset among
Travellers living in the community, where there has been a high rate of suicide.
Margaret Rose O Neill said, “We were reluctant to attend the event but were encouraged
to go by our families as it was to raise funds for depression. Both of our husbands died
by suicide and between us we have lost over 6 members of our extended family in the
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same way. I had been involved in supporting bereavement and mental health charities,
attended charity events during suicide month, cake sales and family fun days, but to be
refused access to this event, ticket in hand, because I am a Traveller was devastating. I
have experienced discrimination many times in my life and in Killarney town, but this
experience caused so much hurt to both of us, to our families and friends, we felt no
other choice but to take it to court”.
Susan Fay, Managing Solicitor of the Irish Traveller Movement Independent Law Centre
representing Linda Mongan and Margaret Rose O Neill, said: "Approximately half of all
enquiries to the Irish Traveller Movement Independent Law Centre relate to
discrimination against Travellers and a significant portion of them relate to accessing
licensed premises. The introduction of the Intoxicating Liquor Act 2003 presented
significantly greater obstacles for litigants taking cases as it transferred cases of
discrimination complaints under the nine grounds protected in the Equal Status Acts (as
amended) where the discrimination took place on, or at the point of entry to, the licensed
premises, from the Equality Tribunal to the District Court.
As such, technical court
procedures and the fact that unlike the Equality Tribunal, the District Court is held in
public and costs orders can be made if a claimant is unsuccessful, often dissuades
litigants from taking and continuing actions. These two women have shown tremendous
strength and courage to seek to have the wrong that was done unto them highlighted
and shows the particular difficulties Travellers are faced with, in particular with respect to
mental health challenges and suicide”
Brigid Quilligan Director of the Irish Traveller Movement and Killarney resident said:
“Travellers in Ireland and in Killarney have long been refused access to events and
services because of their identity. Sadly, while we challenge this, it is a daily reality, but
this case sent shockwaves through the community. Travellers have been devastated by
an abnormally high rate of suicide, 6 times more prevalent than the non Traveller
community and a high incidence in Kerry in particular. Suicide, whether you are black or
white, Traveller or Non Traveller, male or female, young or old; devastates and it is in
this context that these two young women decided to support a fundraiser for an
important cause like Aware. At their lowest ebb, they were humiliated, hurt and
confused by an ignorant action of discrimination, and in their own home town. Ongoing
indiscriminate “refusal of entry” to Travellers continues throughout every town in Ireland.
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It required great courage and personal cost for Linda and Margaret to take this case
which highlights that everyday reality for Travellers despite the Equal Status Legislation.”
Suicide and Travellers
The suicide rate among Traveller men is six times the national average and accounts for
11 per cent of all Traveller deaths (The All-Ireland Traveller Health Study 2010)
Traveller’s position in Irish society and the long term impact of ongoing social isolation
and oppression, racism and discrimination is a major contributing factor to the issues
which impact their health and well being. Depression, as the highest risk factor for
suicide is therefore a factor in the high incidence, however other factors are also relevant
related
to
the
social
determinants
affecting
Travellers
lives
including,
high
unemployment, poor accommodation, poverty, educational disadvantage, lifestyle and
engagement with services.
Addressing suicide in the community requires a range of long term approaches, based
on improving delivery of services in an equitable and culturally appropriate way, actively
targeting Travellers as a patient group and addressing the specific risk factors which
may pertain to Travellers.
There are (40,000) Travellers in Ireland, 36,000 (10,618 families) in the Republic and
4,000 (1,562 families) in Northern Ireland (All Ireland Traveller Health Study 2010).
Application
An application under section 19 of the Intoxicating Liquor Act 2003 alleging that the
women were refused admission to Mc Sorley’s Licensed Premises, Killarney whose
licence holder is Patrick Sheahan of 10 College Street, Killarney on the basis of their
membership of the Traveller Community.
The matter was brought before Killarney District Court for hearing on 17th January 2014
before Judge Olann Kelleher.
The Equal Status Acts (as amended)
The Equal Status Act, 2000 outlaw discrimination in employment, vocational training,
advertising, collective agreements, the provision of goods and services and other
opportunities to which the public generally have access on nine distinct grounds.
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These are:









gender;
civil status;
family status;
age;
disability;
race;
sexual orientation;
religious belief; and
membership of the Traveller Community.
Definition of Traveller Community under the Equal Status Acts (as amended)
The Traveller community ground: People who are commonly called Travellers, who are
identified both by Travellers and others as people with a shared history, culture and
traditions, identified historically as a nomadic way of life on the island of Ireland;
Discrimination
Discrimination is described in the Act as the treatment of a person in a less favourable
way than another person is, has been or would be treated on any of the above grounds.
For further information or comment please contact Jacinta Brack, Public Relations
Co-ordinator (01) 679 6577 / 087 27 44 791) publicrelationsitm@gmail.com
or
Susan Fay, Managing Solicitor on 087 2830754.
Background Notes
The Irish Traveller Movement (ITM) established in 1990, is a national network of over
60 organisations and individuals working within the Traveller community throughout
Ireland. In a partnership of Travellers and settled people the Irish Traveller Movement
are committed to seeking full equality for Travellers in Irish society.
The Irish Traveller Movement Independent Law Centre was established in June
2009. Susan Fay is the managing solicitor of the Law Centre, which provides a specialist
legal service to Travellers in Ireland - the only one of its kind in the country. The Law
Centre pursues strategic cases in line with the core issues of the Irish Traveller
Movement namely, (Accommodation, Equality and Human Rights, Education, Access to
Services and Ethnicity) and is open to the referral of cases of this nature.
ENDS
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