Joint Committee On Human Rights Eleventh Report


5  Equality Act 2006 (Sexual Orientation) Regulations 2007

Date introduced

Previous Reports

7 March 2007

6th Report of 2006-07

5.1 We reported on the Sexual Orientation Regulations in our Sixth Report of this Session. We received the Government response to our Report, in a letter from the Secretary of State for Local Government and Communities dated 7 March 2007. The Government also laid the Great Britain Regulations on that date, and these were subsequently approved by both Houses. In relation to the question raised in our Sixth Report[28] as to whether the Government shared our view that the regulations cover the curriculum and the delivery of it, we welcome the clarification, in the debate on the Great Britain Regulations in the House of Lords on 21 March 2007, of the Minister, Baroness Andrews, who stated in response to questions:

    He [Lord Lester of Herne Hill] asked me to agree that there was no need to exempt the curriculum, and I can do so. As I explained, the curriculum is not liable to be detrimental in itself, and so the concept of exemption would not apply. Where discrimination really hurts children is in how the curriculum is taught, and that is caught by the regulations. I reiterate that there should be no issue where guidelines are followed by schools, because the guidelines provide for the teaching of sexual relationships in a manner which is designed to be non-stigmatising and to promote respect.[29]

    and-

    In answer to his second point, if we agreed that a public authority mandated a curriculum that requires teachers to act in a discriminatory way in breach of regulations, it could be subject to judicial review.[30]

We publish the letter of 7 March 2007 as an Appendix to this Report without further comment, to inform Parliament and the public.[31]

5.2 We intend to return to this matter, including the treatment of harassment, and differences of the regulations between Northern Ireland and GB when the Government publishes the Discrimination Law Review, and in the light of the outcome of any judicial reviews in this area.


28   Sixth Report of Session 2006-07, Legislative Scrutiny: Sexual Orientation Regulations, HL Paper 58/HC 350, para. 67. Back

29   HL Deb, 21 March 2007, col. 1330. Back

30   ibidBack

31   Appendix 5. Back


 
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