Page 1472 - Week 05 - Wednesday, 1 June 2022
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These reforms are nuanced and so it is worth taking some time to explain what the consultation draft bill proposes and to provide a few examples.
There are a few refinements for exceptions for religious bodies. We are seeking to have a clearer link between the doctrines of a particular religion and a circumstance where discrimination is permitted. One change to the exceptions would mean, for example, the Catholic Church can require that priests be male as per their doctrines but they cannot discriminate on irrelevant grounds such as race or disability.
Religious bodies will also only be able to discriminate—for example, excluding a same-sex couple from worship services—as long as their actions conform to the teachings of the religion, are necessary to avoid injury to the religious susceptibilities of people adhering to that religion and are reasonable, proportionate and justifiable in the circumstances.
Religious bodies will not be able to discriminate in providing goods and services except on the grounds of religious conviction and where it is reasonable, proportionate and justifiable. Similarly, religious bodies would only be able to discriminate in employment on the grounds of religious conviction where it is a genuine occupational qualification or requirement in relation to that employment and, again, where it is reasonable, proportionate and justifiable in the circumstances. For example, a Christian disability support service cannot preference a Christian cleaner but could preference a Christian for a pastoral care role.
These exceptions will not apply—that is, discrimination will not be permitted—where the organisation’s sole or main purpose is commercial or where the religious body exercises functions of a public nature. The existing exceptions for religious educational institutions remain.
The draft bill proposes combining the exceptions for voluntary bodies and licensed clubs and expanding it to all protected attributes. Voluntary bodies and licensed clubs will only be permitted to discriminate in providing membership or services to groups protected by discrimination law for whose benefit the organisation was established. For example, the Spanish club may preference people with Spanish heritage in providing membership and funding for projects. This change will make it simpler for those organisations.
With the bill proposing to cover sport, a new exception will be introduced. Discrimination will be permitted on the basis of sex, disability or age where it is necessary for fair, safe and effective competition and where the outcome of the proposed discrimination is reasonable, proportionate and justifiable in all the circumstances.
Sport exceptions apply only to children aged 12 years and over, except for age-segregated teams. Limiting it in these ways intends to narrow the circumstances where a person can be discriminated and prevent a person being excluded from sport due to irrelevant protected attributes, such as race.
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