Skip to main content

Proceeding contribution from Vera Baird (Labour) in the House of Commons on Tuesday, 6 April 2010. It occurred during Debate on bill on Equality Bill.


Equality Bill

I want to make some progress, if the hon. Gentleman does not mind. Following full consultation, including with political parties, the Electoral Commission and the Equality and Human Rights Commission, regulations will set out among other things which protected characteristics must be reported on, when, for what period the data are to be published and in respect of which elections and which political parties. This means that the requirements can be flexible and responsive to changing circumstances. For instance, it will be possible to require just large political parties to report and for the reports to cover only sex and race and only in respect of general elections. As I say, the details will be the subject of full consultation before any requirements are imposed. Turning to deal with civil partnerships, amendments 53, 85 and 112 would insert new provisions into the Bill to amend the Civil Partnership Act 2004. They would remove the express prohibition on civil partnerships taking place in religious premises. This change applies only to England and Wales because civil partnership is devolved and any decision on this issue for Scotland and Northern Ireland would be a matter for them. These amendments were tabled in the other place on Report by Lord Ali and pressed to a Division. The Government allowed a free vote because it seemed to us to raise a matter of religious freedom and conscience. The vote was won in the Lords, and once the other place had made it clear that it intended the amendment to be accepted, we assisted to make sure that it would be effective. Let me make it clear that no religious group or denomination will be forced to open their place of worship to civil partnership if it does not want to; no proprietor of religious premises or religious denomination will be liable for discrimination if they do not post civil partnership registrations on their premises. That has to be applied for in order for such premises to be used for civil partnerships; it is left that way around, and the regulations governing the approval will be able to say, for instance, who can make an application on behalf of which denomination, and clearly that can be done only with proper consultation. A couple who wanted to register their civil partnership in a church that had not been approved for it could not do so, therefore, and they could not require a denomination to seek approval to enable it. On harassment, amendments 82 and 84 would amend the general interpretation clause to make it clear for the avoidance of doubt that where harassment is not explicitly prohibited, for example in harassment related to religion, belief or sexual orientation in school, protection is none the less available through the provisions prohibiting direct discrimination by subjecting a person to a detriment. Therefore, a pupil who is harassed, in the commonly understood sense of the word, by a teacher as a result of his or her religion, belief or sexual orientation, can bring a claim for direct discrimination if the treatment causes that pupil to suffer a detriment. An amendment opposed to this Lords amendment has been tabled by the hon. Members for Oxford, West and Abingdon (Dr. Harris) and for Hornsey and Wood Green (Lynne Featherstone), which would mean that in those areas where harassment is not specifically prohibited, a person bullied because of his or her religion or belief will not have a remedy under the Bill. Imagining that the motivation behind their amendment is a concern that even the current approach makes it too easy for those with religious sensitivities to complain, let me say that in the case of employment the specific definition of harassment for religion or belief has been in place since 2003, and in the case of goods and services the detriment element of the definition of religious or belief discrimination has been in place since 2007, and in neither area has significant trouble or problem arisen. I am sure Members will agree that it will be better that, for instance, a Muslim schoolboy subjected to bullying by a school playground supervisor because of his religion should have a remedy. For this reason, I will ask the hon. Gentleman and the hon. Lady to withdraw their amendment.


Secondary information

Type
Proceeding contribution
Reference
508 c929-30 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
Civil partnerships Candidates Women Equality Harassment Discrimination Marriage Political parties Racial discrimination Religious buildings
Legislation
Equality Bill 2008-09 to 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk