Dr.
Harris: I will withdraw the amendment. I am grateful that
the Minister asked me respectfully and I am glad that we are back to
civil exchanges. She made some valuable points about the motivation not
being a factor. I will reflect on that. I think that we will be able to
have shorter debates on other parts of the Bill, because we have
rehearsed some of the arguments. I therefore beg to ask leave to
withdraw the
amendment. Amendment
by leave
withdrawn. Clause
10 ordered to stand part of the
Bill. Clause
11 ordered to stand part of the
Bill.
Clause
12Sexual
orientation
Dr.
Harris: I beg to move amendment 217, in clause 12,
page 8, line 16, at end
add—
‘(3) Sexual orientation includes
manifestations of that sexual
orientation.’. This
is to put clearly into statute existing case law stemming from eg
Amicus vs Secretary of State where it was held that a religious
organisation could not avoid sexual orientation discrimination by
referring to lifestyle matters which were a lawful and direct
expression of sexual
orientation.’.
The
Chairman: With this it will be convenient to discuss
amendment 220, in
clause 13, page 9, line 27, at
end insert— ‘(7A) If the
protected characteristic is sexual orientation, A discriminates against
B if A treats B less favourably than A treats or would treat others on
the basis of a manifestation of B’s sexual
orientation.’. This
is to make explicit in statute the case law (eg from
Amicus vs Secretary of State) which holds that discrimination against
gay people on account of their gay life style or camp appearance (for
example) is direct
discrimination.
Dr.
Harris: Before I am interrupted by the bell, I should say
that the debate that we need to have on this matter will be much
shorter than we would otherwise have
had— 1
pm The
Chairman adjourned the Committee without Question put
(Standing Order No.
88). Adjourned
till this day at Four
o’clock.
| 
