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MPs to debate equal rights

Minister of Youth, Families and Sports Glenn Blakeney has announced plans for a debate on gay rights legislation.

Government will debate banning discrimination based on sexual orientation and age, but has stopped short of actually tabling a change to the law.Minister of Youth, Families and Sports Glenn Blakeney said a “take note” motion will measure MPs' opinions about introducing an Equality Act, without them having to vote.He wants to “gauge the consensus” in the House of Assembly rather than risk a law-change being defeated as happened when MP Renee Webb tried to outlaw discrimination based on sexual orientation in 2006.Ms Webb, who has since retired from politics, welcomed the news as “a start in the right direction,” but other equal rights campaigners dismissed the planned debate as a “delaying tactic” and “smoke and mirrors” (see second story.The Equality Act being considered for Bermuda could protect people against discrimination based on sexual orientation and age factors not currently covered by the Human Rights Act (see sidebar).The full wording of Mr Blakeney's Notice of Motion, tabled on Friday, stated: “That this Honourable House take note of the merits of introducing an Equality Act which will establish measures protecting persons from age discrimination, and discrimination based on one's sexual orientation, particularly in circumstances relating to employment, accommodation and the procurement of goods and services.”No date has been set for the debate. In an interview with The Royal Gazette, Mr Blakeney noted that the United Kingdom introduced an Equality Act in 2010. It bans discrimination on nine different grounds including age and sexual orientation.“We looked at the Equality Act covering fairness in the workplace, those kinds of things, sexual orientation, age discrimination, and decided it would be nice to indicate the Government's intention to gauge the consensus in this Honourable House among the members without there being any commitment at this point in time to legislation or amendments,” he explained.Ms Webb's Private Members Bill in May 2006 was given the “silent treatment,” with only two MPs speaking before it was defeated. Mr Blakeney was among those who opposed it.A storm of controversy followed, with more than three hundred equal rights campaigners marching on Parliament to protest. Government raised the prospect in 2009, 2010, and 2011 of changes to the law, but nothing has been tabled in Parliament to date.Asked why there has been such a long delay, Mr Blakeney said ongoing consultation in respect of the Equality Act slowed the process down. He explained the Equality Act may replace the provisions of Bermuda's Human Rights Act, or the two pieces of law may be merged somehow. In the UK it was used to consolidate various pieces of anti-discrimination legislation.The Minister noted that when any such law-change comes to the House of Assembly: “It might not be under the three line whip but open to a vote of conscience again. Last time that happened it was defeated. We wanted to show our intent by way of openly discussing our views a step in the right direction.”Ms Webb's bill was opposed by the African Methodist Episcopal Church, which is the third largest religious group on the Island and accounted for nine percent of the population at the last census.Asked if he felt a gay rights bill could lose Government votes from the church lobby if pushed through before the next General Election, which must be called by December, Mr Blakeney replied: “I don't have a crystal ball to judge the wider community or my party and Opposition, but I will say based on the consultative process so far, it's almost 50-50 readiness and unreadiness (to accept a law change).”As for his current personal stance he replied: “I would like people who feel there's potential, or who have faced discrimination based on their sexual orientation, to have protection in law just as people who are black or are physically challenged, such as my youngest son, cannot be discriminated against. When you look at it from a pure principle of fairness, that should be the way.”However, he was quick to add that there is no chance of equal rights for homosexuals when it comes to marrying, as they can in 11 countries across the globe, or engaging in civil partnerships, as they can in 21 countries including the UK.“There's a fear among certain people that any amendment to the legislation that includes protection for those with alternative lifestyles is a slippery slope to same sex marriage,” said Mr Blakeney.“However, I am not a person who would support that based on tradition, culture and my personal beliefs, and I'm almost certain the majority of Bermudians is not ready, nor will they ever be ready, to accept the compromising of the institution of marriage as we know it to accept same sex marriage or civil union in Bermuda. My Government is not inclined at this time nor any time in the future to consider civil union or same sex marriage.”

Renee Webb championed a bill to end anti-gay discrimination in 2006, but it was defeated after a non-debate in the House of Assembly.
The UK's Equality Act

Government is considering introducing a UK-style Equality Act, it revealed on Friday.The UK law, passed in 2010, replaced previous anti-discrimination laws with a single act to make the law simpler and remove inconsistencies.It covers nine protected characteristics, which cannot be used as a reason to treat people unfairly.Here they are, listed next to the protected characteristics currently covered by Bermuda's Human Rights Act [HRA].l Age (not covered by HRA).l

Disability (covered by HRA).l

Gender reassignment (not covered by HRA).l

Pregnancy and maternity (the HRA covers 'persons not born in lawful wedlock' and women 'likely to have a child whether born in lawful wedlock or not').l

Marriage and civil partnership (the HRA covers marital status but Government has no plans to allow same-sex unions).l

Race (the HRA covers race, place of origin, colour, or ethnic and national origins).l

Religion or belief (the HRA covers religion or beliefs or political opinions).l

Sex (not covered by HRA).l

Sexual orientation (not covered by HRA).Bermuda's Human Rights Act additionally protects persons against discrimination on the grounds that they have a criminal record.Sources: www.homeoffice.gov.uk and www.bermudalaws.bm. Useful website: www.parliament.bm.