Background
Stonewall Cymru
is Wales’s leading lesbian, gay, bi and trans (LGBT) equality
charity. We were founded in 2003, and we work with businesses,
public bodies, schools, the Welsh Government, the National Assembly
for Wales and a wide range of partners in communities across Wales
to work towards our vision of a world where lesbian, gay, bi and
trans people are accepted without exception.
Overview
- Stonewall Cymru
welcomes the opportunity to respond to this consultation by the
External Affairs and Additional Legislation Committee and looks
forward to providing further evidence to the Committee following
their intention to specifically consider the impact of Brexit on
equalities.
- We believe that
the current framework for equalities and human rights has been
central to the progression of LGBT equality across the UK. Many are
fortunate enough to have never had to worry about their rights
being denied or abused. But for LGBT people who have wanted to
start a family, to be recognised as who they are, to serve in the
military or to access services the human rights framework has
offered valuable protection.
Equalities legislation after
Brexit
- While existing
UK equalities legislation surpasses EU requirements, it has in
several areas been influenced, improved and strengthened by EU law
– whether through the EU’s Charter of Fundamental
Rights, anti-discrimination directives or the Court of Justice of
the European Union (CJEU) case law.
- As we note in
paragraph 3, UK legislation, including the Equality Act
2010, often already exceeds the minimum standards set by the EU.
However, in exiting the EU we lose the guarantee that EU law
provides that protections and rights could never be reduced below
that minimum floor in future. This presents a potential risk to the
rights of LGBT people and others.
- We agree with
the view expressed in this committee’s last report on the
Implications for Wales of leaving the European Union, that
‘[t]here should be no weakening of equalities legislation
and employment protections when we leave the European
Union.’. We also welcome the commitment outlined
in the joint paper by Welsh Government and Plaid Cymru, Securing
Wales’ Future, that ‘[o]ur guiding principle is
that leaving the EU should in no way reduce our focus on promoting
equalities and challenging discrimination wherever it
exists’.
- We were
disappointed to see the decision of the UK Government to single out
the Charter of Fundamental Rights as the only piece of legislation
not to be incorporated into UK law as part of the EU Withdrawal
Bill. Furthermore, the Bill contains proposed changes to the
enforceability of General Principles contained in EU
law.
- This means that
as the Bill stands, people will lose a number of valuable legal
rights, including rights which empower them to challenge
discrimination, when the UK leaves the EU.
- Some of these
protections have been critical in LGBT people’s struggles for
equality. As an example, just this summer, the UK Supreme Court
ruled in favour of John Walker in his claim that an exemption in
the Equality Act which permitted pensions companies to pay same-sex
partners less in spousal benefits than opposite-sex partners was
discriminatory. It based its decision on rights contained within EU
law which are not currently protected by the EU Withdrawal Bill, as
referred to in paragraph 6, meaning that under the current
Bill this progress could be undone after Brexit, and a similar
challenge would not be able to be brought.
- We support
Liberty and Amnesty International’s campaign to add a
‘People’s Clause’ to the EU Withdrawal Bill. This
clause would include a guarantee that ministers will not use their
powers to weaken our legal rights, would give the UK parliament the
ability to scrutinise how ministers change laws and would properly
incorporate the Charter of Fundamental Rights and the other legal
protections we have through EU law.
- Welsh
Government and the National Assembly for Wales should make
representations to the UK Government opposing any weakening of
human rights or equalities protections as part of Brexit, including
with reference to the EU Withdrawal Bill.