Merchant Shipping (Homosexual Conduct) Bill

Mark Tami Excerpts

2nd reading: House of Commons
Friday 20th January 2017 Commons Chamber

[John Glen]

I will come to some of those points later, but that is why it is important that we are clear about the Bill needing to pass today to leave no ambiguity on the statute book.

The Equality Act 2010 introduced a comprehensive new framework, which updated, simplified and strengthened the previous legislation and created a simple framework of discrimination law that protects individuals from unfair treatment. The Act introduced protection from discrimination for individuals in respect of protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. When the Act was first passed, section 5 did not automatically apply to the shipping industry, but it was applied to shipping through the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011.

Despite the fact that the provisions to be repealed by the Bill have been superseded, it is important that they are taken off the statute book for four reasons, and I would like to take a little time to set out those four principled reasons, which have brought the Bill before the House today.

First, as I have indicated, the Bill is symbolic. The provisions it deals with are the last remaining historical legislation on our statute books that penalises and directly discriminates on the grounds of homosexual conduct.

[Mark Tami (Alyn and Deeside) (Lab)]

There will be those who will argue, “Well, the law has moved on so there’s no point in doing that,” but the symbolism of sweeping it away is so important.

[John Glen]

The hon. Gentleman makes a very wise observation. That is absolutely critical, which is why I have spent time setting out the background, to show that this is the conclusion of a journey that this country has been on for essentially 60 years.

By removing the distinction and applying the provisions to all individuals, passing the Bill will affirm this House’s commitment to justice and equality and show that there is no place in society for discrimination on the basis of sexual orientation. What matters in employment is the ability to do the job, nothing else. And what matters in society is how you can contribute and serve others, not your background, race or sexuality.

Secondly, the Bill completes the process, started by the Armed Forces Act 2016, of repealing those provisions. As a result, it delivers on the commitment made during the Act’s passage to introduce legislation to deal with the merchant navy provisions in just the same way as the armed forces provisions.

Thirdly, the Bill gives reassurance. At the moment, an individual could look up the Criminal Justice and Public Order Act 1994 online and be alarmed or confused that it apparently allows for the dismissal of a seafarer in the merchant navy on grounds of homosexual conduct. As I have said, although those provisions have already been superseded, that is not clear from an initial reading of the 1994 Act itself. Rather, someone would have to already know about the Employment Equality (Sexual Orientation) Regulations 2003 or the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011.

Fourthly, the Bill will tidy up legislation. Our statute book is complex enough without the retention of defunct and superseded provisions. Apart from anything else, this Bill is a useful tidying-up exercise to make the status of the current law regarding employment discrimination absolutely clear, and, as I have explained, it gives important reassurance to anyone who might be concerned about an apparent provision in our law.

The Bill is very straightforward, with a single clause that simply repeals sections 146(4) and 147(3) of the Criminal Justice and Public Order Act. The territorial extent of the Bill is throughout the UK.