EXCEPTION FOR VOLUNTARY BODIES (Hansard, 18 June 1975)

§ The Under-Secretary of State for the Home Department (Dr. Shirley Summerskill)
I beg to move, That the clause be read a Second time.

§ Mr. Speaker
With this clause, it will be convenient to take Government Amendment No. 43.

§ Dr. Summerskill
The effect of the new clause is to widen the exception from Clauses 29 and 30 which subsections (3) and (4) of Clause 33 afford to a voluntary body in respect of those facilities and services which it is the main object of that body to provide on a single-sex basis. The wider exception which the new clause affords includes in its subsections (3) and (4) that which subsections (3) and (4) of Clause 33 provide and the definition in subsection (1) of the new clause of the bodies to which the wider exception applies—for example, to non-profit making, non-statutory bodies—is precisely the same as that contained in subsection (4) of Clause 33. Amendment No. 43 has accordingly been tabled to delete subsections (3) and (4) of Clause 33, which are no longer required. The extent to which the new clause widens the voluntary bodies exception from Clauses 29 and 30 is to be found in subsection (2).

§ Mr. Greville Janner
Will my hon. Friend be kind enough to explain why voluntary bodies should be entitled to discriminate when others are not entitled to do so?

§ Dr. Summerskill
I wonder whether my hon. and learned Friend will wait until the argument develops a little before putting his points?
The House will recall what was said in paragraph 67 of the White Paper: There is also a need to make provision for some single-sex institutions and organisations whose objects and activities are designed for members of one sex. Many such institutions and organisations have charitable status or are private clubs and would, therefore, not be affected by the Bill in any event. However, the Bill will not affect other single sex voluntary associations (except those connected with employment and related matters). The widening of the voluntary bodies exception, which, hon. Members will note, does not apply to the employment and related provisions of the Bill but only to 1443 Clauses 29 and 30, is to give full effect to that undertaking in the White Paper. The Government believe that voluntary bodies should be able to avail themselves of an exception not only as regards the facilities and services which it is their main object to provide on a single-sex basis, but also as regards their essential character as organisations whose membership is confined to one sex.
There are two kinds of facilities and services which voluntary bodies may provide. One kind consists of facilities and services which may be available only to members—including, in a sense membership itself; the other kind consists of those which may be provided to nonmembers. There will often, of course, be a relationship between membership and the kind of facility or service which an organisation provides to non-members. A voluntary body which exists, for example, to help women in some way may well have, and may well wish to have, a membership which is confined to women. If Parliament were to say to such a body that, even though it may continue to restrict the help which it affords to women who are not members, it may not confine its membership to women, we should run the risk, which I believe we should find unacceptable, of discouraging worthwhile voluntary activities of this kind.
The new clause would also safeguard the position of voluntary bodies, membership of which is open to the public or a section of the public, but only to women or to men, as the case may be. Organisations of this kind may exist for a variety of reasons, or serve a variety of causes, which may or may not in themselves require membership to be confined to one sex. However, they do not operate in the employment field or affect people's livelihoods. The Government take the view that if a single-sex body is a genuinely voluntary organisation there is no real justification—except, as I said in the employment field—for affecting its essential character as a single-sex body.
I hope that I have said enough to persuade the House of the need for the clause.