Sex Discrimination (Election Candidates) Act 2002
Encyclopedia
The Sex Discrimination (Election Candidates) Act 2002 (c.2) is an Act
of the Parliament
of the United Kingdom
. The purpose of the Act was to exempt the selection of candidates in parliamentary elections from the provisions in the Sex Discrimination Act 1975
and the Sex Discrimination (Northern Ireland) Order 1976 that outlaw sexual discrimination. The purposes of the Act allow political parties to select candidates based on gender
in an effort to increase representation of women in British politics.
The Act applies to elections to:
The Act does not apply to selection of candidates for the Mayor of London
elections. Only political parties registered under Part 2 of the Political Parties, Elections and Referendums Act 2000
are covered by the Act.
The Act is scheduled to run until the end of 2015. A statutory order to extend the deadline may be made before this date if a draft has been laid before, and approved by resolution of, each House of Parliament. On 6 March 2008, Minister for Women Harriet Harman
announced that the exemption would be extended until 2030 under the Equality Act 2010.
The Labour Party
has used the law to operate all-women shortlists
, which were previously illegal under the Sex Discrimination Act 1975.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
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...
. The purpose of the Act was to exempt the selection of candidates in parliamentary elections from the provisions in the Sex Discrimination Act 1975
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...
and the Sex Discrimination (Northern Ireland) Order 1976 that outlaw sexual discrimination. The purposes of the Act allow political parties to select candidates based on gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
in an effort to increase representation of women in British politics.
The Act applies to elections to:
- the House of CommonsBritish House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
; - the Scottish ParliamentScottish ParliamentThe Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
; - the National Assembly for WalesNational Assembly for WalesThe National Assembly for Wales is a devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs...
; - the Northern Ireland AssemblyNorthern Ireland AssemblyThe 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...
; - Local Government Elections (including the London AssemblyLondon AssemblyThe London Assembly is an elected body, part of the Greater London Authority, that scrutinises the activities of the Mayor of London and has the power, with a two-thirds majority, to amend the mayor's annual budget. The assembly was established in 2000 and is headquartered at City Hall on the south...
); and - the European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
.
The Act does not apply to selection of candidates for the Mayor of London
Mayor of London
The Mayor of London is an elected politician who, along with the London Assembly of 25 members, is accountable for the strategic government of Greater London. Conservative Boris Johnson has held the position since 4 May 2008...
elections. Only political parties registered under Part 2 of the Political Parties, Elections and Referendums Act 2000
Political Parties, Elections and Referendums Act 2000
The Political Parties, Elections and Referendums Act 2000 is an Act of the Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom...
are covered by the Act.
The Act is scheduled to run until the end of 2015. A statutory order to extend the deadline may be made before this date if a draft has been laid before, and approved by resolution of, each House of Parliament. On 6 March 2008, Minister for Women Harriet Harman
Harriet Harman
Harriet Ruth Harman QC is a British Labour Party politician, who is the Member of Parliament for Camberwell and Peckham, and was MP for the predecessorPeckham constituency from 1982 to 1997...
announced that the exemption would be extended until 2030 under the Equality Act 2010.
The Labour Party
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...
has used the law to operate all-women shortlists
All-women shortlists
The use of all-women shortlists is the political practice intended to increase the proportion of female Members of Parliament in the United Kingdom by allowing only women to stand in particular constituencies for a particular political party. Though the practice is available to all parties, only...
, which were previously illegal under the Sex Discrimination Act 1975.
External links
- The Sex Discrimination (Election Candidates) Act 2002, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
.