Fears grow of extent of discrimination law

The issue of whether non-Catholics should be allowed to be head teachers at the three local Catholic schools has exposed a wider concern over the whole set of potential new rules, and there are concerns that overturning Employment & Social Security’s proposals will spark deputies into further opposition.

The previous Assembly set the wheels in motion for six grounds for discrimination in the island’s equality legislation – disability, race, carer status, sexual orientation, religious belief, sex, and age.

Deputy Bob Murray is leading an amendment in the States this week to keep the Catholic schools’ exemption.

On the wider picture, he said he would be against creating a ‘lawyer’s charter’ and would prefer Jersey’s approach.

‘We just have to look across the water at Jersey, where they’ve had a variation of this legislation in place for quite some time. Why don’t we adopt that and work on that, why do we have to cobble together Australian and Irish legislation?

‘It’s creating an opportunity for a great deal of legislative combative activity which nobody is going to gain from, and it opens up the door frankly, for as far as I can see, for a lot of opportunities for individuals to gain from the system, and that will cost us all a great deal of money.

‘Nobody is a supporter of discrimination, clearly none of us think that, no right-thinking person would expect that, but unfortunately ESS don’t even know what this might cost.

‘More importantly they have used extrapolated data from the UK for the amount of people that might be affected by this, we haven’t got the local figure.

‘Why would we be spending all this money for a problem that we’re not able to specify?’

Deputy Mark Helyar has also said that he is concerned at the whole anti-discrimination package because of the lack of an economic assessment, and the cost implications for businesses and the States, at a time when it is trying to save money.

Equality campaigners have countered that although the original proposals were based on legislation in Ireland and Australia, it had since been watered down and was more of a copy and paste of Jersey and the UK.

In July the discrimination ordinance was listed and approved as a so-called ‘recovery action’ in the over-arching Government Work Plan.

Chief Minister Deputy Peter Ferbrache said any legislation should be sensible.

‘Every States member is against discrimination, and the overwhelming population of the Bailiwick is against discrimination, but it’s just putting it forward in a proportionate way.

‘Nobody is going to discriminate against someone because of their gender, or because of their sexuality, or because of the colour of their skin, or their religion, nobody is going to discriminate against those.

‘And yet we’re seeking to have almost Orwellian-like 1984 proposals telling how you will think instead of letting people think for themselves.’

States announces training providers

DISCRIMINATION laws currently being drafted will be supported with community training and guidance ahead of approval.

The legislation will make it unlawful for employers and service providers to discriminate against a person on the grounds of race, disability, carer status, sexual orientation and religion.

The States has announced two main providers who it will use to offer that community training – law firm Appleby, and a consortium led by the Guernsey Institute and law firm Walkers, also involving Equality Guernsey, Guernsey Disability Alliance, Guernsey Employment Trust, Liberate Guernsey and Focus HR.

‘Employers and service providers will need to familiarise themselves with the requirements of the new legislation before it comes into force,’ the States said.

‘They will work together to deliver a comprehensive training and development programme. This will be an important element of the support available to assist employers and service providers in understanding and preparing for the new legislation.’

Richard Sheldon, group partner at Appleby, said: ‘We believe that a key part of ensuring that the legislation works for Guernsey is to make certain that all sides know and understand their respective obligations and rights.

‘As such not only will the guidance include clear and concise explanations around the law, it will also include basic template documentation aimed at helping smaller employers and organisations with limited resources.’

Employment & Social Security president Deputy Peter Roffey said employers and service providers would need access to high-quality training and information to be ready for the introduction of the discrimination ordinance.

‘Therefore, we’re delighted to partner with the Consortium and Appleby to see this crucial need fulfilled,’ he said.

A further update on the timing of the training and the date the new law is likely to come into force will be provided before the end of the year. However, it is not anticipated that it will come into force before the last quarter of 2022.