15th November 2005

The Green Party is urging the country's lesbian, gay and bisexual (LGB)(i) community to "read the small print" regarding proposed legislation to outlaw discrimination against them in services such as hospitals and hotels.

Last week, in a surprise move welcomed by gay equality groups, the Government accepted an amendment from Labour peer Lord Alli to its Equality Bill which is passing through Parliament. The amendment will enable Ministers to issue regulations under delegated powers to combat discrimination in goods and services on grounds of sexual orientation.  It will mean that a hotel manager would be acting unlawfully if he turned away a couple because they were of the same sex. Prior to this announcement, the Government had refused to include such a clause, even though a separate provision in the Bill will give similar protection to religious groups.

Although Greens welcome the concession, Brighton and Hove Green city councillor Simon Williams (ii), who is gay, cautioned against taking it at face value and said that the scope of the provision was still unclear: "We applaud the efforts of campaigners like Lord Alli who, with or without a crowbar, have struggled to include protection from discrimination in goods and services for lesbian and gay people(iii).  However, despite what some believe, the amendment will NOT provide protection in goods and services from 'day one' of the new Act and the 'waiting period' for substantive protection could be years.

Simon Williams said: "Neither is it clear how wide the protection will be under the Ministers' regulations: for example, whether they will prevent discrimination in public housing and education as well as commercial services, protection which religious groups will enjoy. The LGB community needs to be aware that this is actually a technical enabling provision.  It simply paves the way for regulations at a future and undetermined date, providing the OPTION for Ministers to introduce regulations; but there is no clear timetable for when that will be."

Simon Williams added: "After conversations with civil servants, I understand that it will be several months at the very least, with the possibility that some regulations could be wrapped up in a second Equality Bill more than two years from now - the Government's original timetable for reform. If that's true, one has to ask whether we're getting substantive protection in this area any earlier than the Government had originally planned?"

Philip Booth, a spokespersonfor the Gloucestershire Green party, who have criticised the Bill in the past, said: "We welcome this news, but we need to look closer and clarify what tangible protection there will be from 'day one'.  The longer we wait for the regulations, the more this provision will appear a tactic to manage Parliamentary business rather than a genuine and historic step forward for equality."


Notes:

(i) Why no 'T' in 'LGBT'?  Transgender people are not covered by the sexual orientation definition and a separate legislative stream is required for them to enjoy protection from discrimination.

(ii) Contact Simon Williams on: 07880 613 311

(iii) Lord Alli amendment to Equality Bill

After Clause 80

 THE LORD ALLI
THE LORD LESTER OF HERNE HILL
THE LORD SMITH OF FINSBURY

41 Insert the following new Clause-
"Part 2A
Discrimination on Grounds of Sexual Orientation
 Regulations
(1)  The Secretary of State may by regulations make provision about
discrimination or harassment on grounds of sexual orientation.
(2)  In subsection (1) "sexual orientation" has the meaning given by
section 35.
(3)  The regulations may, in particular-
(a)  make provision of a kind similar to Part 2 of this Act;
(b)  define discrimination;
(c)  define harassment;
(d)  make provision for enforcement (which may, in particular, include
provision-
(i)  creating a criminal offence of a kind similar to, and with the same
maximum penalties as, an offence created by an enactment relating to
discrimination or equality;
(ii)  about validity and revision of contracts;
(iii)  about discriminatory advertisements;
(iv)  about instructing or causing discrimination or harassment);
(e)  provide for exceptions (whether or not of a kind similar to those
provided for by Part 2 of this Act or any other enactment relating to
discrimination or equality);
(f)  make provision which applies generally or only in specified cases or
circumstances;
(g)  make different provision for different cases or circumstances;
(h)  include incidental or consequential provision (which may include
provision amending an enactment);
(i)  include transitional provision.
(4)  The regulations-
(a)  shall be made by statutory instrument, and
(b)  may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(5)  In subsection (3)(h) "enactment" includes an enactment in or under an
Act of the Scottish Parliament."