Discrimination Ordinance: Grounds of i) Religion or Belief and ii) Sexual Orientation

Committee for Employment & Social Security - P.2021/104

Original PropositionsThe States are asked to decide: -Whether, after consideration of the Policy Letter entitled "Discrimination Ordinance: Grounds of i) Religion or Belief and ii) Sexual Orientation" (dated 13 th September, 2021), they are of the opinion: -1. To agree that the ground of 'religion or belief'should replace the ground of 'religious belief'in phase one of the new Discrimination Ordinance(the drafting of which was agreed by the States on 17 th July 2020)and that the definition of this ground should be based on the UK definition of 'religion or belief' with the addition of the five tests from Grainger plc v Nicholson (2010), as set out in paragraph 4.1, and the exclusion of single issue or political beliefs.2. Subject to exception number 48, to agree the exceptions to the Discrimination Ordinance as explained in section 4 and set out in Appendix 2.  3. To agree that exception number 48 with respect to senior leadership positions in religious/faith schools should apply for a period of five years from the date of the Discrimination Ordinance coming into force.Propositions to be voted on (as amended)The States are asked to decide: -Whether, after consideration of the Policy Letter entitled "Discrimination Ordinance: Grounds of i) Religion or Belief and ii) Sexual Orientation" (dated 13 th September, 2021), they are of the opinion: -1. To agree that the ground of 'religion or belief' should replace the ground of 'religious belief'in phase one of the new Discrimination Ordinance(the drafting of which was agreed by the States on 17 th July 2020)and that the definition of this ground should be based on the UK definition of 'religion or belief' with the addition of the five tests from Grainger plc v Nicholson (2010), as set out in paragraph 4.1, and the exclusion of single issue or political beliefs.2. To agree the exceptions to the Discrimination Ordinance as explained in section 4 of, and set out in Appendix 2 to, the Policy Letter except that in relation to exception no. 48 there shall not be a 5-year limitation on its application.Letter of CommentLetter of Comment from the Policy & Resources Committee  P 2021 104 - Discrimination Ordiance - Letter of Comment - Policy & Resources Committee [253kb]AmendmentsAmendmentProposerSeconderStatus  Amendment 1 [236kb]Deputy MurrayDeputy HaskinsCarried  Amendment 2 [228kb]Deputy BurfordDeputy FerbracheCarried  Amendment 3 [220kb]Deputy BurfordDeputy Dudley-OwenLost