Equality Duty Exemptions

Bill: 
Marriage (Same Sex Couples) Bill 2013
Stage: 
LordsC
Proposer: 
Baroness O'Loan and Lord Singh of Wimbledon
Verdict: 
Bad
Synopsis: 

This amendment seeks to explicitly exclude consideration of same-sex marriage from the public service equality duty in the Equality Act 2010.

This is Number 13 in

Commentary: 

This amendment doesn't just say that Public Authorities do not have to include consideration of same-sex marriage in their Equality Duty, but that they may not. This could prevent them from monitoring whether their staff are providing an appropriate and equal level of service to same-sex couples as opposite-sex couples.

Amendment: 

Page 4, line 9, at end insert—
“( ) For the purposes of section 149 of the Equality Act 2010, no regard may be
had by any public authority to—
(a) any decision by a person whether or not to opt-in, conduct, be
present at, carry out, participate in, or consent to the taking place of,
relevant marriages; or

(b) the expression by a person of the opinion or belief that marriage is
the union of one man with one woman.”

Bill Text: 

(5)In section 110 of the Equality Act 2010 (liability of employees and agents), after
subsection (5) insert—
“(5A)A does not contravene this section if A—
(a)does not conduct a relevant marriage,
(b)is not present at, does not carry out, or does not otherwise
participate in, a relevant marriage, or
(c)does not consent to a relevant marriage being conducted,5for the reason that the marriage is the marriage of a same sex couple.
(5B)Subsection (5A) applies to A only if A is within the meaning of “person”
for the purposes of section 2 of the Marriage (Same Sex Couples) Act
2013; and other expressions used in subsection (5A) and section 2 of
that Act have the same meanings in that subsection as in that section.
( ) For the purposes of section 149 of the Equality Act 2010, no regard may be had by any public authority to—
(a) any decision by a person whether or not to opt-in, conduct, be
present at, carry out, participate in, or consent to the taking place of,
relevant marriages; or
(b) the expression by a person of the opinion or belief that marriage is
the union of one man with one woman.
”.