There is no excuse for a delay to the equality legislation

The equality legislation as proposed by ESS, to be debated on Wednesday or Thursday of this week, is a long overdue addition to the protections islanders should be able to count on, both at work and as a consumer. No one in the Bailiwick in 2020 should have to worry about discrimination at work (or whilst consuming goods or services) based on their race, disability status, carer status, age, sexuality, religion, sex, gender identity or physical features.

When talking to friends and family about the legislation, many are still surprised to learn that there is no legal protection on any grounds (apart from some protection against sex discrimination in an employment context). One could make a good case for this surprise that the reason Guernsey continues to lack something so basic, despite its vibrant, generally inclusive community culture, is part of the reason why so much time has been allowed to elapse without legal protection. Many, in my personal experience, assume that such legislation is already in force, and have been appalled to learn it isn’t.

Excuses for delaying, watering down or scrapping the proposals have been capably demolished in the pages of this paper before by many people, and no credible ones remain. Guernsey is a tolerant, vibrant place; but we know discrimination, subtle and unsubtle, happens. Businesses should not be bamboozled by extensive changes implemented overnight without support from the States – the legislation will be implemented in phases, over years, with plenty of time, and, I believe, support if required, for businesses to adapt. There has already been a long consultation period, and groups representing businesses have reversed their opposition to the law, which had caused it to be halted last year. Opposition from business cannot then be proffered honestly as an excuse for delay, and we know that support will be available for them to adjust. Indeed, the States deciding to delay equality legislation, in the current global climate, could pose significant reputational risks of its own to the Bailiwick and its employers.

Claims have been made that the island or its businesses are not able to make ambitious changes, especially around making reasonable adjustments to accommodate people with disabilities. Fanciful, ableist assertions around ‘people deciding to be disabled one day and not the next’ aside, the island has, through its admirable handling of the (first part) Covid-19 crisis, shown that it can make reasonable adjustments quickly to protect the vulnerable. Concerns around cost should be taken in perspective. Such concerns should be taken in light of the fact that the emphasis of the legislation is on prevention and education, not punitive measures. We are also at a moment where a fiscal stimulus is urgently needed and islanders and the island need investment. The money required for the legislation (through training new members of an employment tribunal, for example) would be a tiny part of that stimulus as a whole, but an excellent return for investment in the island’s most important resource: its people. It would send a clear message to all islanders that, if ever they find themselves discriminated against, they are valued and have recourse to justice if they need it.

It’s time now to make the empathy and ambition displayed by government, employers and islanders alike part of the new normal. Therefore, I hope that deputies pass the legislation in full, support amendments which seek to expedite the phases of protection, and reject Amendment 8 which calls for a delay. (Deputy Emilie McSwiggan gives the reasons why Amendment 8 should be opposed in a post on her website, which is worth a read.)

I hope too that, even on the eve of the debate, that islanders who support equality will take advantage of the excellent access we have to elected officials and write to them expressing their support. As well as a petition that’s gained over 4,200 signatures, and years of campaigning by equality groups, every expression of support strengthens the mandate for approval and expedition of the legislation and weakens the mandate for delay.

Hoping that by the end of Thursday the road to the island truly being #GuernseyTogether will be formalised in law. We can do this, and, if passed (and hopefully expedited), our equality legislation will become a point of pride for the island.

WILLIAM CARTER

Address withheld.