§ Lord Lester of Herne Hillasked Her Majesty's Government:
What is the principle that justifies providing different burdens of proof for claims of unlawful discrimination in employment and non-employment claims under the Sex Discrimination Act 1975 as amended. [HL2702]
§ The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal)The Sex Discrimination Act 1975 was amended in 2001 by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (SI 2001 no.2660) to reflect and implement the Burden of Proof Directive 97/80. The directive relates only to measures which encompass generally employment and vocational training. The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations were made under powers which flow from the European Communities Act 1972 so consequently only the employment and vocational training aspect of the Sex Discrimination Act could be amended.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will introduce amending legislation to provide for the same burden of proof for claims of unlawful discrimination in employment and non-employment cases under the Sex Discrimination Act 1975. [HL2703]
§ Baroness Scotland of AsthalThere are no plans at present to make such changes to the Sex Discrimination Act 1975.