Equality Act 2010 

The new public sector equality duty, which includes sexual orientation for the first time, came into force from 5 April 2011.

The Equality Act received Royal Assent on 8 April 2010 and is warmly welcomed by Stonewall Scotland. It has the potential to secure greater fairness and equality for lesbian, gay and bisexual people across Britain and could see marked improvements for gay people in a range of key public services, from policing to education and from housing to health services. Stonewall played a major part in lobbying for parts of the Act relevant to sexual orientation.

In addition to the UK specific duties, Scotland will be subject to its own set of regulations, which will apply to Scottish-specific public bodies. These were due to come into place on April 6th 2011, but were delayed at the last minute for further consultation. They are expected to be in place by the end of 2012 or sooner. The general duty came into force in Scotland in April 2011, as in the rest of the UK.

Simplifying the law

The Act updates our complex existing framework of anti-discrimination laws and makes it simpler for individuals, businesses and organisations to understand and access the law in one place.

From October 2010, the new Equality Act replaced the existing legal protections covering employment - the Employment Equality (Sexual Orientation) Regulations 2003 - and businesses and services, including schools - the Equality Act (Sexual Orientation) Regulations 2007. Importantly, however, people continue to have the same level of protection in these areas.

The Act also introduces important new measures, including an ‘equality duty’ on public bodies to proactively promote equality - from April 2011 - and permitting civil partnerships in religious buildings, where religious denominations wish to do this.

The Act introduced other changes too, such as repealing a previous exemption for insurance providers.

Key new areas of the Equality Act

A single public duty

Sections 149 - 157

The new public sector equality duty is the missing piece in the jigsaw for full legal protection for gay people across Britain, complementing existing legislation in employment and goods and services with a more proactive approach to tackling discrimination. Stonewall Scotland firmly believes that lesbian, gay, bisexual and transgender taxpayers should be able to approach the public services they help to fund with complete confidence. We warmly welcome an integrated equality duty that will help to make this a reality.

From 5 April 2011 public bodies need to ensure they comply with the general equality duty. Under the general duty, in Section 149 of the Equality Act, all public bodies need to have due regard to:

(a) eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Act;

(b) advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it – for example, heterosexual people and gay people

(c) foster good relations between people who share a relevant protected characteristic and people who do not share it.

This means that public bodies must now actively show they accommodate the needs of their LGBT service users in the design and delivery of public services like education, policing and housing. Public bodies will have to think in advance about the needs of different service users, involving and engaging local gay people, and set out what they’re doing to address those needs. Stonewall believes that the new duty could have a transformative effect on gay people’s lives in areas where they have often faced discrimination and on the cost-effectiveness of the delivery of public services.

The Specific Duties

The Government recently announced that they are reviewing the Specific Duties, which help public bodies comply with their responsibilities under the General Duty. They are expected to come into force by the end of 2012.

For more information view the Government Equalities Office website here

Why do we need a single equality duty?

All too often lesbian, gay, bisexual and transgender people have received second-class treatment from public services. A new integrated duty could make a significant difference to LGBT people’s experiences of public services, helping public bodies deliver fairer and more efficient services. For example:

  • The duty could result in health services taking steps to meet the particular needs of LGBT people and encouraging them to access services. Twice as many lesbian and bisexual women over 25 have never had a cervical smear test compared to the general female population. The duty could help authorities target screening to lesbian and bisexual women, improving service take-up with long-term benefits for women’s health and the potential cost savings associated with preventive healthcare measures.
  • The duty could see wider take-up of measures to promote safety and raise awareness about hate crime, for example with measures to encourage LGBT people to report hate crimes. Stonewall Scotland research found that while two thirds of lesbian, gay, bisexual and transgender people have been verbally abused and a third physically attacked, 61% of those who were physically attacked did not report it to the police.
  • The duty could lead to schools reviewing anti-bullying strategies to ensure that they address the issue of homophobic bullying. YouGov polling for Stonewall reveals that nine in ten secondary school teachers and two in five primary school teachers say pupils experience homophobic bullying in their schools, including pupils who are not gay.

Stonewall’s approach to the duty

Stonewall Scotland believes that the equality duty should extend to all public bodies. However we have always said that the duty should be implemented in a proportionate manner, with clear and targeted guidance to help public bodies. We support a focus on practical outcomes, not something which becomes an administrative burden.

Stonewall currently work with over 400 public sector partners around the UK supporting them to take active steps to ensure the services they provide are fair for all, focused on practical outcomes that make a difference. You can find more details about our works with employers and education authorities through the links below:

Stonewall's Education Champions Programme

Stonewall's Diversity Champions Programme

Civil partnerships in religious premises

Section 202 

Stonewall Scotland warmly welcomes measures in the Equality Act which will eventually enable religious organisations who wish to perform civil partnership to do so. At the moment the law bans civil partnership ceremonies on religious premises.

Stonewall has led calls for a permissive approach to enable the various religious denominations who now wish to perform and bless civil partnerships in their buildings – including the Quakers, Liberal Judaism and the Unitarian Church - to be able to do so.

The Equality Act makes clear that this will not be mandatory. We were persuaded by the argument put forward by a number of religious organisations that they see this matter as a compelling issue of religious freedom. The current law prevents them from celebrating committed, loving relationships and it is right that it be revised. There was widespread support for this issue from all sides of the House of Lords.

The Government is currently consulting on their proposals to allow religious denominations who wish to perform civil partnerships to do so. Click here for more information.

Some helpful links

More information about the Public Sector Equality Duty is available on the Government Equality Office website here and the Equality & Human Rights Commission's website here 

Read more about the Equality Act’s passage through Parliament here 

Read the Equality Act here 

 


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