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Disclaimer: I have no legal qualifications and this is NOT legal advice.
Here is the section of the Equality Act 2010 that is relevant to the selection of candidates by political parties.
In light of the leaked decision by the SNP NEC today I have a few thoughts to share...
Here is the section of the Equality Act 2010 that is relevant to the selection of candidates by political parties.
In light of the leaked decision by the SNP NEC today I have a few thoughts to share...
Subsection (6) states that shortlists allowing only candidates with a protected characteristic are forbidden. An exemption for sex is made in subsection (7).
However, the proposal discussed was to reserve the top spot for a BAME or disabled candidate. NOT a shortlist.
However, the proposal discussed was to reserve the top spot for a BAME or disabled candidate. NOT a shortlist.
Reserving the top spot is a different thing from a shortlist as candidates other than those with the named protected characteristic are allowed to stand.
Therefore subsections (6) and (7) are not relevant to this discussion, despite what certain people are saying.
Therefore subsections (6) and (7) are not relevant to this discussion, despite what certain people are saying.
Now, any legal challenge would have to come from whether or not the measures proposed are a proportionate means to reducing inequality.
As I said in my disclaimer, I'm not a lawyer. But since stricter means are deemed proportionate on grounds of sex...
As I said in my disclaimer, I'm not a lawyer. But since stricter means are deemed proportionate on grounds of sex...
... it seems unlikely these would not be classified as proportionate, given the historical underrepresentation & discrimination faced by these groups.
So I, in my personal unqualified opinion, believe that the measures proposed are perfectly legal.
So I, in my personal unqualified opinion, believe that the measures proposed are perfectly legal.
Now, politically, the NEC altering the results of votes for shortlists to ensure a BAME or disabled candidate at the top is harder.
But that's a political concern, not a legal one. Members will be split on whether or not this is a good idea, sure.
But that's a political concern, not a legal one. Members will be split on whether or not this is a good idea, sure.
Especially right now, when the party is attempting to court both progressives and reactionaries.
The party needs to take a side or they'll lose both. The SNP has a lot of work to do.
This, I hope, is a sign that they're going to choose to be progressive.
The party needs to take a side or they'll lose both. The SNP has a lot of work to do.
This, I hope, is a sign that they're going to choose to be progressive.
