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‘Everyone deserves full protection under the law’

Glenn Blakeney

MPs debated a take note motion on a proposed Equality Act in the House of Assembly yesterday, among the issues raised was the need to give homosexuals protection against discrimination. The take note motion was brought to the House by Families Minister Glenn Blakeney, who made an opening address on the subject to fellow MPs before the debate got underway (see story on Page 1).One Bermuda Alliance MP Shawn Crockwell was the first to rise to speak after Minister Blakeney to say “everyone deserves representation and they deserve full protection under the law”.But he said it was “disappointing and insulting to those who are still at risk in our community that we are here debating a motion about whether or not legislators should do the right thing”.Right away his comments triggered a point of order from Minister Blakeney. “We’re not debating as to whether we should do the right thing, we’re debating on the merit and what options we should look at.“I just stated that we are committed to reforming legislation to include in the law discrimination, that’s the position,” said Mr Blakeney.House Speaker Stanley Lowe interjected and said: “The whole object of it is to gauge people’s opinions.”Mr Crockwell continued: “Surely the Minister cannot be serious to stand up and say that this Government has been committed to eradicating discrimination as it relates to age and sexual orientation because if the Government was committed to doing it we would have a Bill before the House today to achieve that objective.”His statement triggered another point of order interjection by the Minister who said: “My point of order is that his opinion is out of order, because this is a very complex situation as we all know and as a result of the Throne Speech of 2011 we looked at another option again to even broaden further the rights of individuals by considering an Equalities Act and how best to frame all human rights so the commitment is definitely there.“But it’s not just a quick fix, we understand the traditions, we understand all of the challenges within our society, and its been a level of unreadiness as we would know,” said Mr Blakeney.Mr Crockwell replied: “He said it is not a quick fix, I think the Minister may have missed the historical briefing on this issue because this issue didn’t just arrive last year when the Government brought forth their Throne Speech. We can go all the way back to the Throne Speech of 2004 when the Government said they will amend the Human Rights Act to prohibit discrimination on the grounds of sexual orientation during the new Parliamentary year.“At the time it was the Minister of Community Affairs Dale Butler, he confirmed that the long awaited amendment would probably be brought before the House during the summer term.“Promises made, promises broken in 2004. In June of 2006 his colleague Renee Webb brought a Private Member’s Bill to outlaw discrimination on sexual orientation and that Minister who claims he’s committed to outlawing discrimination based on sexual orientation voted against a Bill before this House to do the very same thing.“That’s why I say he can’t be serious about his comments today.”The Minister rose to launch another point of order and said: “He’s impugning improper motive with regards to my integrity and in life positions change, I’m sure you’ve changed your position.”Mr Lowe asked the Minister to take his seat and said: “I think the road that you’re going down is not the road that is intended for this kind of motion. The Minister simply wants to get some feedback as to how members feel.”Mr Crockwell continued and said: “The position on this side of the House is that we support this legislation but the views have been gauged for years and the question is when will the Government bring forth the appropriate legislation to ensure that we do the right thing. We are not interested in debating a take note motion — promises made and promises broken for years.”He was followed by Government MP Derrick Burgess who said: “When it comes to discrimination based on sexual orientation I will take my lead from my church, I am not discriminating against anyone, but I do have a problem with what our children see today.“There are some good examples and bad examples, whether it be on dress code or social interaction and we have got to be concerned about what our children see. They look at us for guidance, they look at us for how we act and how we dress,” he said.“I am from the AME church and I think their stance on that is no secret. But when it comes to age discrimination, I will always most certainly be against that,” said Mr Burgess.He spoke strongly of the need to protect seniors, particularly those who are stopped from working at the age of 65.He also said some seniors had been working for more than 40 years but are not getting the appropriate benefits.The Hamilton East MP urged Mr Blakeney to return with the legislation next week so that discrimination on age grounds can be eliminated as quickly as possible.“I would really hope that you do that immediately. Things like that need to be sorted out like yesterday. I hope he would instruct the drafters as soon as possible to bring something here next Friday. I don’t think the other side will object to it, I’m sure they won’t.”United Bermuda Party MP Charlie Swan said he doesn’t think it’s possible to protect everyone equally through legislation, adding: “It’s impossible to eradicate all discrimination everywhere.“I also believe it’s impossible to make everyone everywhere equal, because of my view of the world.”But he said people shouldn’t be forced to retire at 65, and that harassment or discrimination against anybody is wrong.“While it’s impossible to make everyone equal, I believe everyone deserves equal treatment when it comes to employment or concrete things,” said Mr Swan.“If they are gay or lesbian, but can do the job, they should be considered on their merits.”Estates Minister Michael Scott delivered a lengthy and passionate speech about the importance of protecting homosexuals.“I support the removal of discrimination against homosexuals with two simple words, sexual orientation, within the framework of our laws so that there’s no discrimination,” said Mr Scott.“Discrimination on the grounds of sexual orientation is as unlawful as discrimination on the grounds or religious beliefs or race or age.“Omitting people who are gay or lesbian from the protection of the law is wrong.”Mr Scott urged Mr Blakeney to move ahead with speed, warning: “If we delay any further, we push people further into the closet.”He noted Bermuda’s reluctance to accept homosexuality meant gays are in more danger of diseases such as HIV, because they don’t have the confidence to make their good health a priority.“If you undermine confidence, it undermines many other things,” said the Minister. “Like being robust in defending yourself and protecting yourself and your HIV status.”He said for people to be unwelcome in churches or clubs because of their sexual orientation is “a ridiculous, nonsensical debate to be having in the 21st Century”.Hostility in Bermuda is not as intense as the southern States of America, he said, adding: “Therefore it just does support the argument that as legislators we really do not need to have the sexual orientation discussion hanging out there.“I make the point there as strongly as I can as it’s most important. The message it sends to the gay and lesbians in our community is an important one, it’s a critical one. It’s one that says you have status in our community like everyone else in our business, in your office, in your school ground. We are a mature democracy and it needs to be in place.”Noting Mr Burgess had said he would follow the church, Mr Scott said failure to protect homosexuals is “utterly and totally in contradiction with the criminal code”.He concluded: “This Minister urges the most urgent admission of legislation that adds age discrimination and sexual orientation discrimination to the books.”One Bermuda Alliance MP Patricia Gordon-Pamplin called for Government to bring a white paper or legislation on the issue so we can “well and truly get on with it”.“Sexual orientation is something that each and everyone has,” said Mrs Gordon-Pamplin.UBP leader Kim Swan said MPs have a duty to ensure everyone is entitled to the same rights and privileges.He said someone may discriminate against somebody because of their sexual orientation, and then realise they need that person’s help later as an ambulance driver, doctor or lawyer.And he said two of the House’s most senior MPs, National Security Minister Wayne Perinchief and Shadow Seniors Minister Louise Jackson, have repeatedly shown the value of experience.“I do not feel God has created anyone on this earth that is not entitled to the same rights and privileges that I enjoy,” said Mr Swan.Former Premier Dame Jennifer Smith said she had experienced discrimination herself in the days of segregation, saying: “Let me state that I am unequivocally against discrimination in all its forms.”She said she had not supported Renee Webb’s proposal to add sexual orientation to the list of protected grounds on the Human Rights Act six years ago, but that she understood the concerns of those who believe they are not protected.“I believed then and I believe now that the Human Rights Act, as it is written, covers the rights of all,” said Dame Jennifer.She added: “Even though I’m a member of the AME and even though I feel it’s fine as it is, I will be willing to vote for that change because those who feel it know it.“It’s on me to ensure that we are fair and equitable in all our dealings.”Backbencher Terry Lister spoke about age discrimination, saying he believes more should be done to keep seniors in work where they can continue making valuable contributions.PLP Whip Lovitta Foggo said she respects Bermuda’s diversity and understands the need to respect the views of each individual.“We need to put something in place that treats every individual of our society on a level playing field,” she said.Health Minister Zane DeSilva spoke in favour of protecting seniors, saying as people’s health improve they live longer.He said outlawing all discrimination is a straightforward goal everyone should agree with, adding: “I don’t mind what anybody does in their home. That’s entirely up to them. I’m not in that category — I have some of my best friends that are gay.”The remainder of this debate will appear in Monday’s Royal Gazette.