Current topical social issues

Rod Badams is the Administrator of the FIEC and a former journalist.  On behalf of Affinity’s Social Issues Team he keeps a watching brief on the announcement and progress of government consultations and proposed legislation.

This report covers:

1. Civil Partnerships

The Civil Partnership Act, which creates a legally-recognised union of same-sex couples - “gay” marriage in all but name - received Royal Assent on 18 November 2004. 

2. Domestic Violence

The Domestic Violence, Crime and Victims Act, which will significantly alter the way in which assaults in the home are treated and prosecuted, received Royal Assent on 15 November 2004.

3. Gender change legislation

The Gender Recognition Act, which received Royal Assent on 1 July, 2004, has not yet taken effect.  A Consultation has been taking place on the Gender Recognition (Exceptions to Offence of Disclosure) Order 2004.  This deals with the extent of exceptions to be permitted to the disclosure provisions of the GRA.  Affinity supported a move by a number of religious groups to propose to the government a general exception, allowing church leaders and officers to disclose details of a gender re-assignment to anyone, if this was relevant to their church responsibilities and practices.  Responses to the Consultation had to be in by 4 February 2005 and several religious groups have argued for this general exception in their submissions.  It remains to be seen whether the government will agree to this. 

4. Employment status of clergy

The Department of Trade and Industry is continuing to consult with faith communities over the introduction of a voluntary system for giving ministers of religion greater employment protection.  Over the next two years religious groups will be asked to devise a system suited to their own ethos and constitutional framework.  If the government is satisfied that these voluntary structures will for the most part deliver better protection, it still seems very committed to that preferred outcome.  However if in the end a voluntary system seems unworkable, or the faith communities fail to adopt effective schemes, the government has indicated that it would consider adopting a legislative route to greater protection for ministers. 

5. Further child protection legislation

An attempt was made in November to include in the Children Act 2004 a blanket ban on the smacking of children.  This was defeated, but an amendment imposing some restrictions on the physical discipline of children by parents was approved.  Although the smacking issue received most of the publicity, it ought not to be forgotten that this Children Act sets up the office of a Children’s Commissioner, and gives the Secretary of State authority to introduce a database of all children.

6. Civil registration

The Government’s response to the Consultation is expected during 2005.

7. The regions of England

In a referendum on 4 November, the voters of North East England decisively rejected a proposal to set up an elected regional assembly.  As a consequence the government has announced that similar referendums in the North West and in Yorkshire and Humberside will not be going ahead.  Throughout England, therefore, local government will remain in the hands of county, unitary and district councils. 

8. Review of burial legislation

The government’s response to the Consultation which closed in July 2004 is still awaited.

9. Proposed “religious hatred” legislation

The Serious Organised Crime and Police Bill, into which the government has incorporated its much-publicised “religious hatred” legislation, is due to pass through the House of Lords in the latter half of February.  The government approach has been merely to add the words “or religious” to existing legislation in connection with “racial hatred.” The precise details are summarised in Schedule 10 to the Bill.  On 7 January 2005, Affinity, represented by Jonathan Stephen, Mark Mullins and Rod Badams, spent two-hours with a team from the Race, Cohesion, Equality and Faith Directorate of the Home Office’s Special Projects Unit discussing the intention, expectations and the likely effects of the proposed Bill.

10. Gambling Bill

After what has seemed an interminable debate on the previous draft Gambling Bill, a substantive Gambling Bill was included in the Queen’s Speech in November 2004, and is current passing through the House of Lords.  As has been widely publicised, the Bill has undergone major changes since the revision of the gambling laws was first proposed - notably a dramatic reduction in the number of casinos envisaged in the UK.  There is still plenty of scope and time for further debate and changes.

11. Assisted Dying for the Terminally Ill Bill

Lord Joffe’s Bill received is still passing slowly through Parliament after receiving its second reading in the Lords on 29 November 2004.  This controversial Bill would permit the medical profession to facilitate the deaths of patients, at the request of those patients, to enable them to “die with dignity.” Evangelicals are wholly opposed to this Bill, which pays no heed either to the sanctity of life, nor the providence of God. 

12. Use of Citizens’ Band radio by religious groups

OFCOM’s response to the consultation which closed on 19 October 2004 is awaited.

13. Prostitution

Affinity responded to the Home Office consultation on prostitution which closed on 26 November 2004.  A copy of the submission was circulated to SIT members at the time.  The Home Office is now considering the submissions and will come up with proposals in due course.  One of the ideas floated in the consultation was that of “tolerance zones” where prostitution would be permitted.

14. Equality Bill

This Bill was also in the Queen’s Speech in November 2004 and includes proposals to outlaw discrimination on religious grounds in the provision of goods and services.  Rod Badams attended a consultation at the Home Office on 17 January 2005 which discussed the possibility of an exemption allowing churches to discriminate over which other organisations could hire their buildings.  Without this exception, religious groups might be in the impossible position of being legally-obliged to let their buildings to groups representing other faiths. 

15. Human Rights

The British Foreign and Commonwealth Office has set up a Human Rights, Democracy and Good Governance Group which is developing strategic priorities for UK foreign policy over the next decade.  A draft strategy setting out the priorities for the period 2005-2008 has already been published on the FCO web site, and comments in response are invited by 28 February 2005.  The final version will then be approved by ministers and published on the FCO web site in early April.