On 6th April MPs approved the new equality legislation and all its amendments. The Bill now goes for Royal Assent, and the main provisions will come into force from October.
The Bill replaces nine laws and more than 100 other measures with a single Act, and seeks to harmonise the definition of direct discrimination to cover ‘associative’ as well as ‘perceptive’ cases across all areas of discrimination. The main issues affecting employers and others are listed by Personnel Today. Employers will now be allowed to discriminate in favour of a minority candidate who is as qualified as another candidate for a role, if that group is under-represented in the workforce.
Lords’ Amendments
As part of the ‘Wash-Up’ to clear legislation before the end of this Parliament, the Government accepted all the Lords’ amendments. These include protection against discrimination for pregnant schoolgirls and young mothers; removal of the ban on civil partnerships taking place in religious premises; and retention of the rights of a church to refuse to employ people in leadership roles who practice sexual ethics incompatible with its beliefs.
A Lords’ amendment aimed at rescuing faith-based adoption agencies from being closed down by homosexual equality laws was not included. The Government’s Sexual Orientation Regulations, passed in 2007, have caused all but two of the 13 Roman Catholic adoption agencies in the country to become entirely secular or to close completely. Peers were prevented from voting on this after the Leader of the Lords, Baroness Royall, told them that the amendment should not be debated for ‘procedural’ reasons.
On 2 March Lord Alli successfully proposed last-minute amendments in the House of Lords that will allow religious organisations including churches to hold homosexual civil partnership registrations.
Subsequently, the Government successfully passed changes to remedy the many legal deficiencies in Lord Alli’s original wording. As a result there is now provision for denominations such as the Church of England to be able to prevent rogue ministers going against Church policy and registering civil partnerships in a church.
Solicitor General Vera Baird insisted no religious denomination would be liable for discrimination if they did not open their premises for a ceremony. Religious groups will now be allowed to let civil partnership registrations take place on their premises, but the law will not force them to do anything that is not compatible with their faith. Asked whether independent churches could be sued for refusing to take up the new legal powers to register civil partnerships, Baroness Royall said it is ‘not possible to bring a claim for discrimination’ in these circumstances.
The retention of church employment rights were the only 3 amendments on which the Government was defeated in the House of Lords, and when outlining these amendments in the Commons, Ms Baird said she ‘regretted’ this, but would not ask MPs to overturn them.
Conservative Party Response
For the Tories, Mark Harper welcomed the Bill. He was asked by Liberal Democrat Evan Harris about Shadow Home Secretary Chris Grayling's comments that bed and breakfasts run by Christians should be allowed to turn away homosexual couples because of their sexuality. Mr Harper defended Mr Grayling, saying: ‘He's content with the law as it is and doesn't seek to change it, and indeed on that he's in line with the rest of the party.’
A few days earlier, Mr Grayling had said hotels should not be allowed to discriminate against homosexuals but suggested individuals should have the right to decide who stays in their homes.
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