Equality Act (Sexual Orientation) Regulations
Encyclopedia
The Equality Act Regulations are secondary legislation in the United Kingdom
, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation
.
The legislation is made under powers granted by the Equality Act 2006
. Sections 81 and 82 of the Equality Act give the power to make regulations to the Secretary of State
and the Office of the First Minister and Deputy First Minister of Northern Ireland,
respectively. Regulations made under section 81 cover Great Britain
(i.e., England and Wales
and Scotland
) whereas regulations made under section 82 extend to Northern Ireland
.
Provisions to outlaw discrimination on the grounds of religion or belief were already enshrined in the primary Equality Act 2006. However, the Labour Party had not originally wanted to prohibit discrimination against gays and lesbians. The original Equality Bill, therefore, contained no clauses dealing with homophobic discrimination. As the Bill progressed through the House of Lords
, amendments by the Lord Alli
, succeeded in forcing a Government concession; the Labour
MP Desmond Turner led a similar revolt in the Commons. However, it was by then too late to allow the new measures to be added substantively to the Bill. Instead, MPs and Peers agreed to delegate the drafting of regulations to a Government minister. This paved the way for a lengthy public consultation followed by months of Cabinet wrangling before an agreed text was finally laid before Parliament in spring 2007.
The regulations for Great Britain
were approved by a vote in both Houses of Parliament
. The procedure for the Northern Ireland regulations was specified as a vote by the Northern Ireland Assembly
. Given this had been suspended, arrangements for measures that require approval by the Northern Ireland Assembly were subject to the negative procedure (i.e., they could be annulled by a resolution of either House of Parliament).
under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000 since the Northern Ireland Assembly
was suspended. The regulations came into force on 1 January 2007. Later in January 2007 there was an attempt to pass a motion to pray for an annulment of the regulations in the House of Lords
. The resolution failed to pass by a margin of 199 to 68. Regulations covering Great Britain
came into force on 30 April 2007.
In 2007, the Christian Institute
(CI) and others sought a judicial review to overturn the Sexual Orientation Regulations in Northern Ireland
. Mr Justice Weatherup rejected the CI's complaint, ruling that while a clause relating to harassment (a clause unique to the Northern Irish version of the Regulations) should be set aside, the remainder of the Regulations were to remain in force.
were first laid before Parliament
on 7 March 2007. The Government had previously made an announcement that, for examples adoption agencies will be covered by the regulations (including those with a religious affiliation).
In the House of Commons, the regulations were adopted by 309 votes to 99. The dissenters were mostly Conservative
MPs, although twenty-nine Tories did support the measures. However ten Labour Members (Joe Benton
, Tom Clarke, Frank Cook
, Jim Dobbin
, David Drew, Peter Kilfoyle
, James McGovern, Alan Meale
, Geraldine Smith
and David Taylor
) voted against, along with four Liberal Democrats (Alan Beith
, Colin Breed
, Tim Farron
and Bob Russell).
In the Lords, Peers approved the regulations by a majority of forty-six.
The regulations came into effect on 30 April 2007.
Guidance on the regulations was also issued by the Department for Communities and Local Government.
Archbishop Vincent Nichols of Birmingham declared his opposition to the act, saying that the legislation contradicted the Catholic Church's moral values. He supported efforts to have Catholic adoption
agencies exempted from sexual orientation regulations, which were ultimately successful in a judgement given on 17 March 2010. Further to this, the House of Lords
is still considering an exemption to the legislation that will let religious agencies abide by their belief-based proscriptions regarding employment of active homosexuals.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
.
The legislation is made under powers granted by the Equality Act 2006
Equality Act 2006
The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands...
. Sections 81 and 82 of the Equality Act give the power to make regulations to the Secretary of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
and the Office of the First Minister and Deputy First Minister of Northern Ireland,
respectively. Regulations made under section 81 cover Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
(i.e., England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) whereas regulations made under section 82 extend to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Provisions to outlaw discrimination on the grounds of religion or belief were already enshrined in the primary Equality Act 2006. However, the Labour Party had not originally wanted to prohibit discrimination against gays and lesbians. The original Equality Bill, therefore, contained no clauses dealing with homophobic discrimination. As the Bill progressed through the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, amendments by the Lord Alli
Waheed Alli, Baron Alli
Waheed Alli, Baron Alli is a British multimillionaire media entrepreneur and politician. He was co-founder and managing director of Planet 24, a TV production company, and managing director at Carlton Television Productions...
, succeeded in forcing a Government concession; the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
MP Desmond Turner led a similar revolt in the Commons. However, it was by then too late to allow the new measures to be added substantively to the Bill. Instead, MPs and Peers agreed to delegate the drafting of regulations to a Government minister. This paved the way for a lengthy public consultation followed by months of Cabinet wrangling before an agreed text was finally laid before Parliament in spring 2007.
The regulations for Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
were approved by a vote in both Houses of Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The procedure for the Northern Ireland regulations was specified as a vote by the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
. Given this had been suspended, arrangements for measures that require approval by the Northern Ireland Assembly were subject to the negative procedure (i.e., they could be annulled by a resolution of either House of Parliament).
Northern Ireland Regulations
The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 were made on 8 November 2006 and laid before ParliamentParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000 since the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
was suspended. The regulations came into force on 1 January 2007. Later in January 2007 there was an attempt to pass a motion to pray for an annulment of the regulations in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The resolution failed to pass by a margin of 199 to 68. Regulations covering Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
came into force on 30 April 2007.
In 2007, the Christian Institute
Christian Institute
The Christian Institute is a British evangelical Christian pressure group. The CI promotes a Conservative Christian viewpoint, founded on the belief that the Bible is inerrant and should be the authority on all of life...
(CI) and others sought a judicial review to overturn the Sexual Orientation Regulations in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. Mr Justice Weatherup rejected the CI's complaint, ruling that while a clause relating to harassment (a clause unique to the Northern Irish version of the Regulations) should be set aside, the remainder of the Regulations were to remain in force.
Regulations relating to Great Britain
Regulations covering the rest of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
were first laid before Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
on 7 March 2007. The Government had previously made an announcement that, for examples adoption agencies will be covered by the regulations (including those with a religious affiliation).
In the House of Commons, the regulations were adopted by 309 votes to 99. The dissenters were mostly Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MPs, although twenty-nine Tories did support the measures. However ten Labour Members (Joe Benton
Joe Benton
Joseph Edward Benton is a British Labour Party politician who has been the Member of Parliament for Bootle since 1990.-Early life:...
, Tom Clarke, Frank Cook
Frank Cook
Francis Cook is a British Independent politician, who was the Labour Party Member of Parliament for Stockton North from 1983 until 2010.- Background :...
, Jim Dobbin
Jim Dobbin
James "Jim" Dobbin is a British Labour Co-operative politician and microbiologist, who has been the Member of Parliament for Heywood and Middleton since 1997.-Education and career:...
, David Drew, Peter Kilfoyle
Peter Kilfoyle
Peter Kilfoyle is a British Labour Party politician who was the Member of Parliament for Liverpool Walton from 1991 to 2010.-Early life:...
, James McGovern, Alan Meale
Alan Meale
Sir Joseph Alan Meale is a British Labour Party politician who has been the Member of Parliament for Mansfield since 1987.-Early life:...
, Geraldine Smith
Geraldine Smith
Maria Geraldine Smith is a British Labour Party politician who was the Member of Parliament for Morecambe and Lunesdale from 1997 to 2010.-Early life:...
and David Taylor
David Taylor (British politician)
David Leslie Taylor was an English Labour Co-operative politician, who was the Member of Parliament for North West Leicestershire from 1997 until his death in 2009.-Biography:...
) voted against, along with four Liberal Democrats (Alan Beith
Alan Beith
Sir Alan James Beith is a British Liberal Democrat politician and Member of Parliament for Berwick-upon-Tweed.-Early life:Alan Beith was born in 1943 in Poynton, in Cheshire...
, Colin Breed
Colin Breed
Colin Edward Breed is a British Liberal Democrat politician. He was the Member of Parliament for South East Cornwall from 1997 until he stood down at the 2010 general election.-Early life:...
, Tim Farron
Tim Farron
Timothy James Farron is a British Liberal Democrat politician. He is currently Member of Parliament for the constituency of Westmorland and Lonsdale...
and Bob Russell).
In the Lords, Peers approved the regulations by a majority of forty-six.
The regulations came into effect on 30 April 2007.
Guidance on the regulations was also issued by the Department for Communities and Local Government.
Archbishop Vincent Nichols of Birmingham declared his opposition to the act, saying that the legislation contradicted the Catholic Church's moral values. He supported efforts to have Catholic adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
agencies exempted from sexual orientation regulations, which were ultimately successful in a judgement given on 17 March 2010. Further to this, the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
is still considering an exemption to the legislation that will let religious agencies abide by their belief-based proscriptions regarding employment of active homosexuals.
External links
- The Equality Act (2006)
- The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006
- The Equality Act (Sexual Orientation) Regulations 2007 - Statutory Instrument 2007 No. 1263
- Women and Equality Unit, UK Government - "Sexual Orientation"