Brussels loses patience with Harriet Harman over UK gay employment discrimination (Ilford South Liberal Democrats)

Ilford South Liberal Democrats <info@libdems.org.uk>

Brussels loses patience with Harriet Harman over UK gay employment discrimination

December 14, 2009 3:52 PM
Originally published by Sarah Ludford MEP

The European Commission is threatening the UK government with a European court order and possible fine for breaching EU employment equality laws, by giving faith organisations wide latitude to discriminate against gay employees on grounds of religiously-motivated prejudice.

Liberal Democrat European justice & human rights spokeswoman and London MEP Sarah Ludford said:

"I have been campaigning on poor British implementation of European equality measures for a decade, ever since I became an MEP. The UK government has failed to make clear that religious freedom of thought must end at the point that it becomes unlawful discrimination against gay staff."

"It is extraordinary that Harriet Harman's new Equality Bill does nothing to remedy this continued illegal discrimination, which would have warded off Brussels action. Her bill indeed seems to be more about gestures than real change."

"It is dismaying to see the UK threatened with infringement proceedings as these should and could have been avoided, but in the context the European Commission's use of its watchdog powers is thoroughly welcome."

ENDS

Notes to editors:

1. Article 4 of the EU Employment Directive 2000/78 EC allows a religious organisation to apply a legitimate occupational requirement based on religion. This would mean for instance that a Jewish or Muslim school could require some or most teachers to be of that faith.

2. But this provision 'should not justify discrimination on another ground'. Thus the UK legislation (the Employment Equality (Sexual Orientation) Regulations 2003 Clause 7(3)) goes too far in allowing a religious organisation to 'apply a requirement related to sexual orientation' in accordance with its doctrines or the convictions of its followers.

3. This would mean that a gay teacher or caretaker could be barred by a Catholic school invoking the Pope's or congregation's views on homosexuality or by an Evangelical Church of England school invoking Biblical hostility to homosexuality. It is this aspect that the Commission - rightly - regards as illegal.