Prevention of Depriving Appointments to Public Office

Bill: 
Marriage (Same Sex Couples) Bill 2013
Stage: 
LordsC
Proposer: 
Lord MacKay of Clashfern
Verdict: 
Bad
Synopsis: 

This amendment seeks to prevent anyone from looking at attitude towards same-sex marriage when assessing people for jobs in any public office.

This is Amendment 5 in .

Commentary: 

This is one of a number of amendments targeted at protecting people who hold bigoted views. This amendment applies to any public office, not just those working as registrars so is much wider. I keep coming back to one simple thing - I expect any public servant to treat me equally and respectfully. As long as the views do not interfere with delivering that expectation I care little. But this holding and expressing a strongly negative view that some of the people you will be expected to serve as a Registrar is not going to be productive or make for a comfortable environment so this amendment is not a good one.

Amendment: 

Page 2, line 3, at end insert—
“(6) No person to whom subsection (7) applies may deprive another person of
an office or appointment for holding or having publicly expressed the
belief that marriage is, or should be, the exclusive union for life of one man
and one woman, nor may such a circumstance applying to a candidate for
such an office be taken into account as a factor against appointment.
(7) This subsection applies to those making appointments to any public office
as defined in section 50(2) of the Equality Act 2010 or any appointment
made by a person who is specified in Schedule 19 to that Act or any person
exercising a function that is a function of a public nature for the purposes
of the Human Rights Act 1998.

(8) A breach of subsection (6) may confer a cause of action at private or public
law.”

Bill Text: 

1 - Extension of marriage to same sex couples

...

(6) No person to whom subsection (7) applies may deprive another person of an office or appointment for holding or having publicly expressed the belief that marriage is, or should be, the exclusive union for life of one man and one woman, nor may such a circumstance applying to a candidate for such an office be taken into account as a factor against appointment.

(7) This subsection applies to those making appointments to any public office as defined in section 50(2) of the Equality Act 2010 or any appointment made by a person who is specified in Schedule 19 to that Act or any person exercising a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(8) A breach of subsection (6) may confer a cause of action at private or public law.