Select Committee on Merits of Statutory Instruments Fifth Report


Other instruments of interest

DRAFT SEX DISCRIMINATION ACT 1975 (AMENDMENT) REGULATIONS 2007

17.  The Government Equalities Office (GEO) have laid the draft Sex Discrimination Act 1975 (Amendment) Regulations 2007 which amend the 1975 Act and the Public Health Act 1936 to implement Council Directive 2004/113/EC ("the Gender Directive"), implementing the principle of equal treatment between men and women in the access to, and supply of, goods and services. The Government carried out a consultation process on these proposals between June and September 2007 alongside the wider package of proposals for the Equality Bill, seeking views specifically on three aspects: compatibility with the Directive of existing exceptions in the 1975 Act, insurance, and defining maternity discrimination. The Explanatory Memorandum sets out the decisions taken in the light of consultation including, as regards the definition of harassment, the decision to lay these Regulations (which draw on the existing definition in the 1975 Act) in time to meet the deadline to implement the Gender Directive, while preparing further Regulations which will amend that definition in the near future. We received written evidence on the draft Regulations from the Christian Institute, concerned about the implications for religious freedom and free speech of the provisions relating to transsexual people. We asked the GEO to reply to the points raised by the Christian Institute and both are printed at Appendix 2. We noted in particular the Christian Institute's concern, and the GEO's response to the point, that the definition of harassment goes beyond the requirement of the Gender Directive.


 
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