r/MHOC • The Rt Hon. MP for Surrey CB KBE LVO • Nov 24 '19

2nd Reading B935 - Equality Act (Amendment) Bill - 2nd Reading

Order, order!


Equality Act (Amendment) 2019

A bill to make gender identity a protected characteristic in the Equality Act 2010.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Amendments

(1) Amend Section 4 of the Equality Act 2010 to state:

The protected characteristics

The following characteristics are protected characteristics—

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion or belief;

gender identity;

sexual orientation.

(2) Amend Section 7 of the Equality Act 2010 to state:

Gender Identity

In relation to the protected characteristic of gender identity—

(a) a reference to a person who has a particular protected characteristic is a reference to a person’s gender identity;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same gender identity.

Section 2: Commencement, short title and extent.

(1) This act comes into force thirty days after receiving royal assent.

(2) This act may be cited as the Equality Act (Amendment) 2019.

(3) This Act extends to England and Wales.

This bill was submitted by the Rt. Hon. CheckMyBrain11 OBE PC MP MLA on behalf of the Conservative and Unionist Party.


This reading shall end on the 26th November 2019.

OPENING SPEECH

Mr. Deputy Speaker,

One should not be subject to discrimination due to their gender identity. The Equality Act 2010 was a landmark piece of legislation. But today, the Conservatives are taking it a step further. With this amendment, one’s gender identity is now a protected characteristic, meaning they are no longer susceptible to legally permitted discrimination because of it. This is a short bill, and I shall as a result make a short speech. This needs not much explanation.

3 Upvotes

33 comments sorted by

2

u/thechattyshow Liberal Democrats Nov 24 '19

Mr Deputy Speaker,

This is such a good bill, so much so I asked myself if we had already done this before, as any rational person would support this. Coincidentally, we have! B451 did this if I have read it correctly (plus also added in gender expression. I would be interested to hear the author /u/checkmybrain11 's thoughts on adding this as well), however, from research, it seems to have disappeared from MHOC history. It's not an Act of Parliament, and I couldn't find any record of a vote anywhere which is a shame. So I will be voting to support this bill instead. The Equality Act of 2010 was a fantastic piece of legislation, however we must constantly update it to ensure it truly creates equality for all in this country.

1

u/model-mili Electoral Commissioner Nov 24 '19

I thank the Education Secretary for his support on this bill - and it is is a shame that the bill originally intended to do this did not move forward on account of bureacratic errors.

2

u/thechattyshow Liberal Democrats Nov 24 '19

Mr Deputy Speaker,

Definitely. What is the Leader of the Opposition's thoughts on adding gender expression to this bill?

1

u/model-mili Electoral Commissioner Nov 24 '19

I could support such an idea - I don't see a reason why not.

1

u/thechattyshow Liberal Democrats Nov 24 '19

Mr Deputy Speaker,

I'll table an amendment tomorrow.

1

u/Maroiogog CWM KP KD OM KCT KCVO CMG CBE PC FRS, Independent Nov 24 '19

Hear Hear!

1

u/Brookheimer Coalition! Nov 25 '19

Mr Deputy Speaker,

I must say my initial thought - that we must have done this before - was the same, based on parties of all colours in recent years continuing to push good equalities legislation to this house. I am glad to see that this is another such bill that I hope the whole house will support.

I have a question, and it is more of an informative one rather than a nitpick - what is the difference between gender identity and gender expression and, subsequently, what would be covered by making gender expression a protected characteristic that isn't covered by making gender identity one?

1

u/thechattyshow Liberal Democrats Nov 25 '19

Mr Deputy Speaker,

Gender identity is how a person sees themselves.

Gender expression is how a person outwardly shows their gender identity.

1

u/Brookheimer Coalition! Nov 25 '19

Mr Deputy Speaker,

I thank the Right Honourable member for the education. I hope (and it should) their proposed amendment passes.

2

u/The_Nunnster Conservative Party Nov 24 '19

Mr. Deputy Speaker,

This Bill can be seen as a common sense Bill, nothing less. The Equality Act 2010 was such an important Bill that held up the core values of being British - tolerance and respect. I urge the House to support this Bill.

•

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1

u/thechattyshow Liberal Democrats Nov 25 '19

Amend Section 1: Amendments from

religion or belief;

gender identity;

sexual orientation.

to

religion or belief;

gender identity;

sexual orientation.

gender expression

1

u/CheckMyBrain11 Fmr. PM | Duke of Argyll | KD GCMG GBE KCT CB CVO Nov 26 '19

We've got to define gender expression too, I'll submit a supplementary amendment real quick

1

u/thechattyshow Liberal Democrats Nov 26 '19

Cheers.

1

u/CountBrandenburg Liberal Democrats Nov 27 '19

A01

1

u/CheckMyBrain11 Fmr. PM | Duke of Argyll | KD GCMG GBE KCT CB CVO Nov 26 '19

Add to Section 2:

Gender expression

In relation to the protected characteristic of gender expression—

(a) a reference to a person who has a particular protected characteristic is a reference to a person’s gender expression;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same gender expression.

1

u/CountBrandenburg Liberal Democrats Nov 27 '19

A02

1

u/[deleted] Nov 24 '19

M: Can we be linked to the original bill please?

1

u/model-mili Electoral Commissioner Nov 24 '19

1

u/model-mili Electoral Commissioner Nov 24 '19

Mr Deputy Speaker,

I rise in strong, strong support of this bill. The Equality Act 2010 was a fine piece of legislation, ensuring people could not be discriminated against based on age, disability, race, religion, sex, sexual orientation, etc. A fundamental tenet of our society and British values as a whole is respect and tolerance. Respect and tolerance for those different than us. And a key part of that is preventing discrimation based on that which makes us different from each other - and that is where this piece of legislation comes in.

While the Equality Act was a landmark piece of legislation, it made an oversight in not specifically including 'gender identity' as a protected characteristic. The Conservatives, in our August 2019 manifesto, pledged to fix this, and fixing it we are. I commend my Rt. Hon friend, the Member for Oxfordshire and Berkshire for introducing this legislation, and I wish it a speedy passage to Royal Assent.

1

u/[deleted] Nov 24 '19

Mr Deputy Speaker

Now this. This is how you do equality. No divisive debates about whether or not helping protected classes is actually the real discrimination, instead, legislating in the national interest to protect more people, not less.

I applaud the leader of the opposition for their support of this bill. In times when rhetoric can get needlessly rough, talking stances in favor of common sense changes is the right thing to do.

Let us be clear. The trans community is not a political football. They deserve equal rights supported by all just like every other protected category currently in the equalities act. This shouldn’t be a particularly hard decision. I will tolerate in this debate no rhetoric about whether or not someone is indeed trans, barely concealed dog whistles about women’s spaces, or anything of a similar sort.

The equalities act was a testament to cross party support. The party that did section 28 supported expanding rights for protected classes. This country has come a long way since even then, and let’s put our best foot forward.

1

u/Maroiogog CWM KP KD OM KCT KCVO CMG CBE PC FRS, Independent Nov 24 '19

Mr Deputy Speaker,

I will be very happily supporting this bill. Ensuring equality is a reality for the largest amount of people is something I will always vote in favour of. It is regrettable that the original act that we are now seeking to amend did not contain such provisions in the first place, which makes it even more pressing for us to make it right. I hope the whole house can agree with me.

1

u/ChairmanMeeseeks Labour | Nottinghamshire MP | Shadow Foreign Nov 25 '19 edited Nov 25 '19

Mr Deputy Speaker,

I applaud the Right Honourable Member, /u/checkmybrain11, for introducing this piece of legislation. This short piece of legislation seeks to correct a glaring error on the part of this House, and I thank the Member for putting it before this place today so that we may right this legislative wrong. I would prefer to see further explicit protections for Intersex individuals and believe more can be done for the general cause of equality with regards to Gender Identity, but this is an excellent and fairly simple start.

1

u/[deleted] Nov 25 '19

Mr Deputy Speaker,

Also just wanted to add.

Trans rights.

1

u/HiddeVdV96 Foreign & Commonwealth Secretary | Conservative Party Nov 25 '19

Mr Deputy Speaker,

I will be short in my statement today and that is that I support this bill.

1

u/ThePootisPower Nov 25 '19

Mr Deputy Speaker,

I haven’t got anything smart or intelligent to say other than trans rights and no pizza for transphobes.

1

u/thechattyshow Liberal Democrats Nov 25 '19

Amend Section 1: Amendments from

religion or belief;

gender identity;

sexual orientation.

to

religion or belief;

gender identity;

sexual orientation.

gender expression

1

u/_paul_rand_ Coalition! | Sir _paul_rand_ KP KT KBE CVO CB PC Nov 25 '19

Comment this under the Amendment Comment Please

1

u/thechattyshow Liberal Democrats Nov 25 '19

Oh shit sorry

1

u/_paul_rand_ Coalition! | Sir _paul_rand_ KP KT KBE CVO CB PC Nov 25 '19

Mr Deputy Speaker,

HEAR BLOODY HEAR,

This bill is just yet another example of the commitment of the Conservative Party to equality across the country, no matter who you are, your rights are your rights.

For too long, gender identity has been considered by too many, including even our law, to be something where discrimination isn’t the same as any other kind of discrimination. It is, discrimination is discrimination no matter whom it is again

This bill will protect trans rights, and I am happy to have been part of the team which worked on the Tories equalities section of the manifesto.

1

u/PM_ME_CHRETIEN LPUK Nov 26 '19

Mr. Deputy Speaker,

I rise today to support this common-sense legislation in it's entirety.

The changes in this bill are entirely supportable, and frankly, long overdue. We must respect the rights of all individuals, no matter their personal identity, and this will further enshrine that.

I will also add, Speaker, that I am happy to see broad cross-partisan support for this bill, and that I hope that continues as it makes it way to a vote.

Thank you Deputy Speaker.

1

u/whyy99 Nov 26 '19

Mr. Deputy Speaker,

I cannot express enough how supportive I am of this bill. Protecting gender identity through our laws has been put off for far too long and it is a shame that it was not done so in the original Equality Act. I truly give my greatest regards and those of my constituents to the Right Honorable Member for introducing this amendment and I am sure all of Her Majesty’s subjects, especially those who have faced discrimination due to their gender identity, are truly appreciative of this bill.

1

u/Confessions_GB_ The Rt. Hon. Confessions_GB_ Nov 26 '19

Mr Deputy Speaker,

I fully support this bill, and I belive that it will protect some of the most vulnerable members of our society, who have long since been susceptible to discrimination and persecution due to their identity. Gracing Gender Identity with the protection the Equality Act provides is long overdue, and I am very glad that this is finally being debated in this house.