Christian Institute and Others Application
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NIQB 66 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 11 September 2007 |
Neutral Citation no. [2007] NIQB 66 Ref:
WEAC5888
Judgment: approved by the Court for handing down Delivered:
11/09/2007
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
AN APPLICATION FOR JUDICIAL REVIEW BY
(1) THE CHRISTIAN INSTITUTE
(2) THE REFORMED PRESBYTERIAN CHURCH IN IRELAND
(3) THE CONGREGATIONAL UNION OF IRELAND
(4) THE EVANGELICAL PRESBYTERIAN CHURCH OF IRELAND
(5) THE ASSOCIATION OF BAPTIST CHURCHES IN IRELAND
(6) THE FELLOWSHIP OF INDEPENDENT METHODIST
CHURCHES
(7) CHRISTIAN CAMPING INTERNATIONAL (UK) LIMITED
________
WEATHERUP J
The application.
[1] This is an application for judicial review of the making of the Equality
Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (“the
Regulations”) by the Office of the First Minister and Deputy First Minister
(“OFMDFM”).
[2] The applicants are seven named individuals, each representing one of
the seven organisations listed above, but for convenience the applicants will
be referred to by the name of the organisation. The first applicant, The
Christian Institute, is described as a registered charity which seeks to promote
the Christian faith and was set up in 1990 by a group of church leaders and
Christian professionals who were concerned about the lack of a Christian
voice to respond to major ethical debates. The second applicant, The
Reformed Presbyterian Church in Ireland, is described as having 31 churches
in Northern Ireland, runs a Christian bookshop in Belfast, is closely associated
with the Covenanter Residential Association which administers a youth
hostel in Belfast and sheltered housing accommodation for the elderly in
2
Ballymoney, runs residential camps for young adults, publishes a monthly
magazine and has members who work as teachers and social workers. The
third applicant, The Evangelical Presbyterian Church of Ireland, is described
as having 11 churches in Northern Ireland, runs residential camps for young
people and a café for students, is closely associated with a Christian bookshop
in Belfast, publishes a magazine 6 times a year and has members who include
teachers and social workers. The fourth applicant, The Congregational Union
of Ireland, is described as having 25 churches in Northern Ireland and its
members include those who work in wedding photography and as teachers.
The fifth applicant, The Association of Baptist Churches in Ireland, is
described as having 95 churches in Northern Ireland and has members who
are employed as teachers. The sixth applicant, The Fellowship of
Independent Methodist Churches, is described as having 15 churches in
Northern Ireland and owns a house in Magherafelt which is rented to tenants,
it runs residential camps for young adults, publishes a regular magazine and
has members who work in the photograph industry including wedding
photography. The seventh applicant, The Christian Camping International
(UK) Limited, is described as a registered charity involved in camps, holidays,
conferences and outdoor activity ministries of which many are church based
residential events. Mr Dingemans QC and Mr Scoffield appeared for the
applicants. Mr McCluskey QC and Mr McMillan appeared for the
respondent, the OFMDFM.
[3] Four interveners were given leave to make written submissions and
ultimately to make oral submissions. The first intervener, Archbishop Sean
Brady, Archbishop of Armagh and Primate of All Ireland, acted on his own
behalf and on behalf of the Bishop of Down and Connor, the Bishop of Derry,
the Bishop of Clogher and the Bishop of Dromore (“the Northern Bishops”).
The Northern Bishops supported the applicants. The Roman Catholic Church
comprises 211 parishes in Northern Ireland, is trustee of 550 Catholic primary
and second level schools and teacher training at St Mary’s University College,
provides chaplaincy facilities at Queen’s University Belfast and the University
of Ulster at Coleraine and Jordanstown, contributes to the teaching of post
graduate certificate course in Religious Education at the University of Ulster.
The Catholic Church operates a Catholic marriage care service, social and
leisure services with church based youth agencies providing education
counselling and personal development programmes, runs an adoption
agency, operates a number of residential facilities and a number of diocesan
and parish based bookshops. Mr Larkin QC, Mr Lockhart QC and Ms Harvey
appeared for the Northern Bishops.
[4] The other interveners broadly supported the respondent. The second
intervener, the Northern Ireland Human Rights Commission (“NIHRC”) is
statutorily charged with responsibility for keeping under review the
adequacy and effectiveness in Northern Ireland of law and practice relating to
the protection of human rights. The Commission was established under Part
3
VII of the Northern Ireland Act 1998. Ms Higgins QC and Ms McMahon
appeared for the NIHRC.
The third intervener, the Equality Commission for Northern Ireland
was established by Section 73 of the Northern Ireland Act 1998 and took over
the functions formerly exercised by the Fair Employment Commission for
Northern Ireland, the Equality Opportunities Commission for Northern
Ireland, the Commission for Racial Equality for Northern Ireland and the
Northern Ireland Disability Council. Mr Wolff appeared for the Equality
Commission.
The fourth intervener, the Coalition on Sexual Orientation (“COSO”), is
a coalition of member organisations representing the lesbian, gay, bisexual
and transgender community in Northern Ireland and is a non profit company
limited by guarantee. The member organisations include Gay and Lesbian
Youth Northern Ireland, Gay Helpline – Cara Friend, the Gay Police
Association Northern Ireland, the LGBT Branch of the National Union of
Students – Union of Students in Ireland, the LGBT Branch of Unison Northern
Ireland and Northern Ireland Gay Rights Association and also has an
association with the Lesbian and Gay Christian Movement. Dr McGleenan
appeared for COSO.
The Regulations.
[5] The Equality Act 2006 section 82 provides that the Office of the First
Minister and Deputy First Minister may by regulations make provision about
discrimination or harassment on grounds of sexual orientation. The
regulations may in particular make provision of a kind similar to the Race
Relations (Northern Ireland) Order 1997 in relation to discrimination other
than in the employment field. By section 82(5) regulations may not be made
unless a draft has been laid before and approved by resolution of the
Northern Ireland Assembly. Further to the powers conferred by section 82 of
the 2006 Act the Office of First Minister and Deputy First Minister made the
Regulations on 8 November 2006 coming into operation on 1 January 2007.
The Regulations were laid before Parliament under paragraph 7(3) of the
schedule to the Northern Ireland Act 2000. As provided by section 82 of the
2006 Act the Regulations take their form from the Race Relations (Northern
Ireland) Order 1997.
[6] Regulation 3 provides a definition of discrimination and harassment on
grounds of sexual orientation that extends to direct discrimination, indirect
discrimination and harassment. The prohibited areas of discrimination and
harassment on grounds of sexual orientation extend to the provision of goods,
facilities and services to the public or a section of the public (Regulation 5),
the disposal or management of premises (Regulation 6), specified areas of
education (Regulations 9, 10 and 11), specified public authority functions
(Regulation 12) and provision for associations and private members clubs
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