The States approved the policy proposals for a ban on age discrimination at the back end of the previous Assembly, before last year’s general election, but the update to the Prevention of Discrimination Ordinance has been waiting its turn in the legislative queue.
When enacted, it will prevent islanders from being discriminated against on the grounds of age in a wide range of circumstances, from employment to the provision of services. It is also expected to include a broad range of exceptions allowing for special arrangements for children and the elderly to help prevent unforeseen and unhelpful consequences.
Later the States will be asked to debate outlawing sex discrimination on much broader grounds than exist in the current law.
Discrimination on the basis of sex is already illegal in the workplace but not yet in other areas of life. The Employment & Social Security Committee said it was fully committed to completing this aspect of anti-discrimination work.
‘The committee has agreed that further development of the Prevention of Discrimination Ordinance will be one of its priorities during this political term,’ said ESS president Tina Bury.
‘It is being introduced in phases.
‘The first phase, which largely came into force on 1 October 2023, provides protection against discrimination on the grounds of race, disability, carer status, sexual orientation, and religion or belief. The second phase will expand those protections. This includes making age discrimination unlawful and developing proposals to bring protections relating to sex, marriage and gender reassignment – with potential updates – into the law.
‘At present, these protections are contained within a separate sex discrimination ordinance and apply only in employment.
‘Moving them into the Prevention of Discrimination Ordinance would extend protection to other areas of everyday life, such as the provision of goods and services, education and accommodation.’
The legislation to outlaw age discrimination is awaiting drafting work, which is expected to be completed in 2027, allowing the law to come into force in 2028.
Extending the sex ground is likely to lead to more contentious debate, but ESS said that would not stop it tackling the issue before the next general election in 2029.
‘The committee intends to develop policy proposals relating to the sex-related grounds during this term,’ said Deputy Bury.
‘While detailed plans have not yet been finalised, this work is likely to include full public consultation.’
Once that work has been completed, and any revised legal framework approved by the States, the only remaining work to be done on the wide-ranging anti-discrimination ordinance will be on the principle of ‘equal pay for work of equal value’, which the States has previously agreed should be delayed for several years because of the estimated multimillion-pound cost of putting it into effect.