Proceeding contribution from Lord Lester of Herne Hill (Liberal Democrat) in the House of Lords on Monday, 25 January 2010. It occurred during Committee of the Whole House (HL) and Debate on bill on Equality Bill.
Equality Bill
Of course there is a difference in the wording. But in each case, under the regulations and now, the European principle of proportionality has to be complied with. Therefore, it is highly beneficial that the law now makes it clear in the current wording, which is why the principle of proportionality is clearly spelt out. It does not change anything in existing law, since it was always the case, as the Amicus case demonstrates, that any exception must be strictly construed in accordance with European law. We have been here before, in 1998. I am not sure who else remembers what happened during the passage of the Human Rights Bill. At that stage, amendments were approved in this House, as could happen today, to give specific protection to religious beliefs because of concern among the churches that the Bill might force them and their members to engage in acts contrary to their religious principles, for example in relation to whom they would marry in a church or whom they would employ. Those amendments, as were subsequently shown, were wholly inappropriate and unnecessary. By a concession made to the churches, however, Section 13 of the Human Rights Act was included, which states: ""If a court’s determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right"."
Secondary information
- Type
- Proceeding contribution
- Reference
- 716 c1225
- Session
- 2009-10
- Chamber / Committee
- House of Lords chamber
- Subjects
- Disability Conditions of employment Civil partnerships Care homes Adoption Armed forces Clergy Employment Equality Homosexuality EU law Fire and rescue services Discrimination Dismissal Marriage Police Public sector Religion Sexuality Transgender people
- Legislation
- Equality Bill 2008-09 to 2009-10
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2023-12-11 10:05:40 +0000
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