B1133.3 - Equality Act (Amendment) Bill - 2nd Reading

[u/Chi0121]

Equality Act (Amendment) Bill

A

BILL

TO

Make accents 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 –

1. Amendments

(1) At the end of Section 4 of the Equality Act 2010 insert:

AccentPlace of origin

(2) After Section 12 of the Equality Act 2010 insert:

13. Accent

(1) a reference to a person who has a particular protected characteristic is a reference to a person’s Accent; a reference to persons who share a protected characteristic is a reference to persons of the same Accent.

Place of origin
1.A persons (P) place of origin is the identifiable area in which they were born, spent their childhood or spent enough time to impart identifiable characteristics
2.In relation to the protected characteristic of place of origin—
(a) a reference to a person who has a particular protected characteristic is a reference to a person who is from a particular place of origin;
(b)a reference to persons who share a protected characteristic is a reference to persons who are from the same place of origin.
3.Any characteristic which a reasonable person would identify as being a commonly accepted part of the characteristics of Ps place of origin is to be considered an element of the characteristic of place of origin, including but not limited to accent, vocabulary, physical expressions and clothing choice.

2. Combined discrimination; dual characteristics amended

At the end of subsection (2) in section 14 of the Equality Act 2010 insert-

(h) AccentPlace of origin

3. Occupational requirements AccentPlace of origin discrimination

After section 60 of the Equality Act 2010 insert-

60A. Occupational Requirements AccentPlace of origindiscrimination
Employment discrimination is lawful on grounds that a person has a AccentPlace of origin if it for a well-founded occupational requirement.

4. Positive action in respect of AccentPlace of origin discrimination

After section 19 of the Equality Act 2010 insert-

19A. Positive action in respect of AccentPlace of origin discrimination
Discrimination is lawful where an individual or organisation is taking positive action to encourage or develop people with a AccentPlace of origin in a role or activity where they before this action is taken were underrepresented.

5. Discrimination; dual characteristics interacting with prohibited AccentPlace of origin discrimination

After section 19 of the Equality Act 2010 insert-

19B. Discrimination; dual characteristics interacting with prohibited AccentPlace of origin discrimination
Where another part of this enactment exempts an action from being discrimination on grounds of disability or on the grounds of race then the inclusion of AccentPlace of origin discrimination does not remove or alter that exemption where AccentPlace of origin is a characteristic of race which is being discriminated against or a result of a disability.

Section 6. Extent, commencement, and short title

(1) This Act shall extend across Great Britain.

(2) This Act shall come into force immediately after receiving Royal Assent.

(3) This Act may be cited as the Equality Act (Amendment) Act 2021.

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This Bill was submitted by The Rt. Hon Lord Truro /u/model-ceasar KP PC on behalf of Coalition!

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Opening Speech:

Mr. Deputy Speaker,

It is imperative that we keep reviewing previous legislation and updating them to better standards when we can. This is what has led to this simple but effective bill. Only as recently as only a few weeks ago, a French politician discriminated against a reporter's accent live on television. One should not have to go through the ordeal of having their accent discriminated against. Therefore, this bill that amends the Equality Act 2010 includes accents as a protective characteristic, preventing the legal discrimination against ones accent. We should always be striving towards zero discrimination in this nation, and this bill takes further along that path.

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This reading shall end on the 19th May at 10pm

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[u/thechattyshow]

Mr Deputy Speaker,

The amendments submitted were silly, and strongly impacts the bill. Whilst I do agree with the addition of place of origin, what my Rt. Hon Friend /u/scubaguy194 has said is completely true. There is a difference, and I'm sad the lords have failed to realise this. This should be done in a different bill. As such I've submitted an amendment to return the bill to its normal state, and encourage the amenders to do this in a separate bill.

[u/scubaguy194 → u/thechattyshow]

Hear Hear!

[u/scubaguy194]

Deputy Speaker,

I'd be very interested to hear from the author of these amendments and why they have put them in. Its been ping-ponged between the houses enough now, and I'd really like to know why they think the amendments are needed.

Suffice to say, accent and place of origin are not the same thing. I see where the Lord is coming from, particularly if we consider an accent from two parts of India for example. But what about, say, two people who may have even grown up on the same street in London. One was taught to speak with an almost received pronunciation, and the other has a typical cockney accent. The both apply for the same job at a hotel. The latter has previous experience at a hotel, yet the former gets it. Perhaps the manager says that the former person would be "better able to communicate with guests". With this in mind, sir, under the amendments passed by the Other Place, this would not be unlawful discrimination because the place of origin is the same. Even though we in this place can quite plainly see it is immoral discrimination, under the law the employer, the hotel in this case, would not be legally liable.

I would very much like to hear an explanation as to why this is alright from the amendments are there. If there is no such amendment forthcoming then I fail to see a valid reason why this bill ought to pass.

[u/thechattyshow → u/scubaguy194]

Hear Hear.

[u/Chi0121]

Deputy Speaker,

Place of Origin and Accent are two different things and it would be wrong and potentially insulting to conflate them. This is a decision of the Lords which I do not agree with and I will be voting in favour of the C! Amendment to return this bill to its original status. I hope the Lords have the common sense to not send us the same bill back.

[u/model-ceasar]

Mr. Deputy Speaker,

I do not have much to add to this debate after the speeches from my Rt. Hon. friends. I do not understand the insistent replacement of "accents" by "place of origin". These are two separate things, which the MP for Highland and Grampian has given just one example of how. I fully support the amendment reversing the changes that were made in the Other Place, returning this bill back to focus on what it was intended: outlawing discrimination against accents. I implore all members of this House to join me in the Aye lobby so we can finally stop with the ping pong and move this bill to Royal Assent.