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EU must not let Labour government off hook for discrimination
March 6, 2009 10:43 AM
London MEP Sarah Ludford, Liberal Democrat European justice & human rights spokeswoman, has for the third time pushed the European Commission, as the watchdog of compliance with EU laws, to challenge the UK's record in implementing a directive from 2000.
This generally outlaws discrimination at work on grounds of religion and sexual orientation as well as age and disability but has an opt-out allowing some limited discrimination to continue*. The Commission's latest reply says its analysis of UK transposition of the Directive 'is still on-going' but that it will if necessary 'use its powers to ensure compliance with the EC Treaty, should it find that the UK laws go beyond the exceptions allowed under that Directive'.
Sarah Ludford commented:
"It is vital to make clear where religious freedom ends and unlawful discrimination, begins. The Labour government has indulged religiously-based prejudice against lesbian and gay staff or those of the 'wrong' faith. I hope the Commission's cagey response is a signal that a crackdown is imminent. If not, they are allowing the UK to get away with a clear violation of EU equality rules"
Jonathan Fryer, London Lib Dem Euro-candidate, said:
"The LGBT community in Britain fought long and hard over many years to achieve equal rights, which are being increasingly implemented across the EU. It is unacceptable that the British government is now trying to undermine the legal basis for hard-won protection on the spurious grounds of religious-based prejudice."
- The EU Directive provides a general opt-out whereby faith bodies can continue to discriminate by saying an employee's religion or belief is a 'genuine, legitimate and justified' job requirement to fit its 'ethos', as long as it is proportionate. UK regulations relaxed the conditions even more, notably by removing the tests of legitimacy and justification. Then last year faith schools became able to recruit all staff of the same faith, not only for all teaching and head teacher posts but also non-teaching posts like caretakers, without any criteria.
Gay staff are at risk either from back-door discrimination by being judged to fail a 'religious ethos' test or directly, since UK law permits a preference for heterosexual employees to comply with the doctrines of the religion or 'the strongly held religious convictions of followers'.
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