This note compares the wording of the newly published The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 regulation 16 with the wording of the Equality Act 2006 Part 2 DISCRIMINATION ON GROUNDS OF RELIGION OR BELIEF clause 57.
The wording of the two is laid out in parallel columns below.
The extra wording in the Religion or Belief regulations bringing bodies concerned with relations between religious bodies into the scope of the exclusion has been omitted here. So any such organisation as, say, The Council of Christians and Jews will not be able to discriminate in the same way as say the Archbishops' Council will be allowed to do.
The addition of the reference to paragraphs 2 and 8: these two paragraphs further limit the scope of the exemption, as noted below.
The additional words in paragraph 3 remove Regulations 9, 10, and 11 from the scope of this religious body exclusion. This is the most significant difference, and is likely to be controversial. There is therefore no exclusion from those education provisions for schools operated by religious bodies.
The extra words in paragraph 4 make it explicit that the exemption for religious bodies being granted here relates solely to sexual orientation, and not to any other ground of discrimination.
Paragraph 5 uses wording rather different from that used for Religion and Belief, but very similar to that used in The Employment Equality (Sexual Orientation) Regulations 2003 which is:
(i) so as to comply with the doctrines of the religion, or
(ii) because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers; and
whereas here we have:
(a) if it is necessary to comply with the doctrine of the organisation; or
(b) so as to avoid conflicting with the strongly held religious convictions of a significant number of the religions followers.
The additional paragraph 6 defines more exactly the nature of the exemption as it relates to disposals of real estate.
Additional
paragraph 7 makes explicit that
(a) an exemption does not
extend to the more general provision of goods and services as defined
in Regulation 5 but only as defined within this exemption, and in
particular paragraph 3, and
(b) an exemption
does not apply in any circumstance where the organisation is acting
under contract to a public authority, as discussed at Regulation 12.
Equality Act 2006 Part 2 |
The Equality Act (Sexual Orientation) Regulations
(Northern Ireland) 2006 Regulation 16 |
|---|---|
| 57 Organisations relating to religion or belief | 16 Organisations relating to religion or belief |
| (1)
This section applies to an organisation the purpose of which is-
(a) to practice a religion or belief, (b) to advance a religion or belief, (c) to teach the practice or principles of a religion or belief, (d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or (e) to improve relations, or maintain good relations, between persons of different religions or beliefs. |
(1) Subject to paragraphs (2) and (8) this regulation
applies to an organisation the purpose of which is — (a) to practice a religion or belief; (b) to advance a religion or belief; (c) to teach the practice or principles of a religion or belief; (d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief. |
| (2) But this section does not apply to an organisation whose sole or main purpose is commercial. | (2) This regulation does not apply — (a) to an organisation whose sole or main purpose is commercial; or (b) in relation to regulations 9, 10 and 11 (education). |
| (3)
Nothing in this Part shall make it unlawful for an organisation to which
this section applies or anyone acting on behalf of or under the auspices
of an organisation to which this section applies- (a) to restrict membership of the organisation, (b) to restrict participation in activities undertaken by the organisation or on its behalf or under its auspices, (c) to restrict the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices, or (d) to restrict the use or disposal of premises owned or controlled by the organisation. |
(3) Nothing in these Regulations shall make it unlawful for an organisation
to which this regulation applies, or for anyone acting on behalf of or
under the auspices of such an organisation to which this regulation applies
— (a) to restrict membership of the organisation; (b) to restrict participation in activities undertaken by the organisation or on its behalf or under its auspices; (c) to restrict the provision of goods, facilities and services in the course of activities undertaken by the organisation or on its behalf or under its auspices; or (d) to restrict the use or disposal of premises owned or controlled by the organisation, |
| (4)
Nothing in this Part shall make it unlawful for a minister- (a) to restrict participation in activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates, or (b) to restrict the provision of goods, facilities or services in the course of activities carried on in the performance of his functions in connection with or in respect of an organisation to which this section relates. |
(4) Nothing in these Regulations shall make it unlawful for a minister
— (a) to restrict participation in activities carried on in the performance of his functions in connection with or in respect of an organisation to which this regulation relates; or (b) to restrict the provision of goods, facilities or services in the course of activities carried on in the performance of his functions in connection with or in respect of an organisation to which this regulation relates, in respect of a person on the ground of his sexual orientation. |
| (5)
But subsections (3) and (4) permit a restriction only if imposed- (a) by reason of or on the grounds of the purpose of the organisation, or (b) in order to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief. |
(5) Paragraphs (3) and (4) permit a restriction only if imposed — |
| (6)
In subsection (4) the reference to a minister is a reference to a minister
of religion, or other person, who- (a) performs functions in connection with a religion or belief to which an organisation, to which this section applies, relates, and (b) holds an office or appointment in, or is accredited, approved or recognised for purposes of, an organisation to which this section applies. |
(6) In paragraph (4) the reference to a minister is a reference to
a minister of religion, or other person, who — |
(7) For the purposes of paragraph (3)(d), "disposal" shall not
include disposal of an estate in premise by way of sale where the estate
being disposed of is — |
|
(8) This regulation shall not apply where an organisation — |