Evan Harris (Oxford West & Abingdon, Liberal Democrat)

No. That is exactly the point I am making. I am asking that the statute make it clear what existing case law is, because that case was taken to clarify the statute. In a sense, the statute was clarified by that judgment. It was in the High Court, so it has precedence, but clarification would be helpful because, despite the judgment, there is still the assumption, or the request, that this sort of discrimination be permitted.

I think that the case law is clear. The intention of the Government at the time of the employment regulations on sexual orientation was clear. Even if it was not, the judge agreed with the Government’s position in his conclusions on the case. The Government did not appeal  on that point. The current intentions of the Government are clear on the point, but because this is a live issue and there is public debate, it would be wise to make that clear in statute as well. As I have said, this is not an attack on the beliefs of Churches, which are entitled to their beliefs. It is about protecting the right of gay people not to be discriminated against, in employment as well as in other areas, on the grounds of sexual orientation under the proxy of their conduct not being protected under sexual orientation legislation. That is what these probing amendments seek to make clear.

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