Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

My Lords, I would like to pick up on some of the scenes that I have heard this evening in the Chamber, and particularly I refer to the earlier scenes enunciated by the noble and most reverend Lord, Lord Eames. The regulations do not apply to England. The Church of England has already submitted its views on the important points that need to be safeguarded in the parallel regulations for Great Britain. We very much welcome the time and the trouble that the Secretary of State for Communities and Local Government is taking to consider all the representations that she has received. The regulations might have been a great deal more satisfactory if Ministers and officials in Northern Ireland had also taken more time to engage in detail with the churches and others there about them. Asa result, we find ourselves having to consider regulations that, while in some respects perfectly sensible, are in other respects unclear and cause a deep anxiety—and surely that anxiety is patently obvious to anyone who is listening—to Christians and other people of faith. For example, when Parliament has no opportunity to make amendments, it frankly beggars belief that provisions on harassment were inserted at the last minute and without warning. It is not enough to say that harassment is a bad thing, which manifestly it is. The question is how to avoid making any new provisions so subjective that they act as a curb on the legitimate expression of opinion to which others take offence. It would be interesting to hear from the Minister why it has been thought necessary to proceed with such haste in one part of the United Kingdom when the Government’s sensible decision for elsewhere has been to study the matter at greater length as part of the discrimination law review. The regulations clearly demonstrate the need to strike a fair balance between the rights of homosexual people to be treated with dignity and respect and the rights of Christians and other people of faith to manifest their religious beliefs, including in relation to sexual conduct. In the view of a number of us on these Benches, these hastily prepared regulations fail to do that. Instead, they run the risk of facing significant numbers of people, as we have heard earlier in the debate, with the choice between complying with the law or with their religiously informed conscience. Whether that is the intention of the Secretary of State, or simply the unintended consequence of regulations produced with inadequate consultation, is unclear. But it causes many of us great concern. The Government have, of course, sought to be helpful by including a set of special provisions for churches and other religious organisations in Regulation 16. Most Christian denominations and other faiths are not able in good conscience to make their places of worship available to those who wish, for example, to have their same-sex relationships or partnerships blessed and celebrated. Nor are they willing to make their church halls available to organisations that seek to promote the acceptance of homosexual relationships as equivalent to heterosexual ones. Nor can many Christians accept that children in church schools should be taught that same-sex relationships are just as valid as heterosexual relationships based on marriage. The intention behind Regulation 16 is therefore helpful, but it appears to permit restrictions only if imposed, "““in respect of a person on the ground of his sexual orientation””." All the mainstream Christian churches are clear that they have no wish to impose restrictions on the ground of sexual orientation as opposed to conduct. That being so, it is far from clear that the varied restrictions that religious organisations might wish to impose—namely, on the basis of homosexual conduct—would in fact be protected. It would also be helpful to have the Minister’s confirmation that they are intended to be. Also of concern, in terms of exceptions, is what is expressly left out. Regulation 11 imposes a very wide general duty on educational establishments, and yet there is no special provision for faith schools. No one would seek to argue for an exemption in relation, for example, to admissions policies, but what about the teaching in relation to marriage? Whether in the classroom or in the context of collective worship, is a Roman Catholic school that teaches children the traditional Catholic view to be at risk of legal challenge? If that is not the Government’s intention, the regulation should have made that position clearer. The potential for bringing such claims risks putting schools in an unnecessarily difficult position. There is absolutely no case for this when in practice the whole area of sex and relationship education is being handled sensitively in faith schools within the present, very carefully balanced statutory framework. In the regulations for Great Britain, it is important that this matter is put beyond doubt. In the mean time, I can only express very real concern that the regulations for Northern Ireland do not deal with this matter satisfactorily. In conclusion, there is much in these regulations that is uncontentious and a very proper protection against injustice, but overall they fail to strike that careful balance, which Parliament has been historically good at striking, that is needed particularly in areas where conflicting rights are engaged. They have all the hallmarks of haste and insufficient engagement, both at policy level and on detailed drafting with the churches. Whatever the outcome of tonight’s debate, it is crucial that the serious issues raised by Christian and other religious leaders are adequately dealt with before the regulations for the rest of the United Kingdom are finalised.