LASI cannot accept responsibility for the content of external sites

Home Legislation
legislation
Legislation Print E-mail

There have been several recent peices of legislation that are of interest to lesbian and bisexual women in Northern Ireland. Below is a summary of the main points.  If you need help with a specific issue you should seek further legal advice.

The Equality Act 2010

The Equality Act requires public authorities to have due regard to meet the needs of those who work for it and use its services; to tackle discrimination and promote equal opportunities. The provisions of the Act, apart from a few minor exceptions, only apply to Great Britain and will not change Northern Irish equality law.

View the full document

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 make it unlawful to discriminate against an individual on grounds of sexual orientation in employment and training.

View the full document

If you feel that you have been discriminated against in your employment or training please contact the Equality Commission who will be glad to advise you. Discrimination includes harassment and bullying.

Section 75

Section 75 and Schedule 9 to the Northern Ireland Act 1998, came into force on 1 January 2000. Responsibility for these provisions lies with the Secretary of State. The provisions place a statutory obligation on public authorities (Northern Ireland departments, most non-departmental public bodies, District Councils and other bodies including UK departments designated by the Secretary of State) to carry out their functions relating to Northern Ireland with due regard to the need to promote equality of opportunity:

  • between persons of different religious belief,
  • political opinion, racial group, age, marital status or sexual orientation,
  • between men and women generally;
  • between persons with a disability and persons without, and
  • between persons with dependants and persons without.

In addition, without prejudice to this obligation, public authorities must have regard to the desirability of promoting good relations between persons of different religious belief, political opinion, or racial group.

See the Equality Comission for more details.

Hate Crimes and Homophobic Incidents

In 2004 new legislation was enacted in Northern Ireland to protect people from crimes motivated by hate and include homophobia and homophobic incidents.

In 2009 The Rainbow Project published new research into homophobic Hate Crimes with the support of LASI and the PSNI.

If you are the victim of hate crime or homophobic incident but do not wish to report the incident to the PSNI please contact us.

Goods, Facilities and Services: Equality Act (Sexual Orientation) Regulations (NI) 2006.

‘Under the Equality Act (Sexual Orientation) Regulations (NI) 2006 it is unlawful to discriminate on grounds of sexual orientation in the provision of goods, facilities or services and the disposal or management of premises.

The legislation applies to all those who provide goods, facilities or services, whether these are paid for or not.  It also applies to bodies in charge of education establishments, public authorities, and associations and private members clubs with more than 25 members.  Discriminatory advertisements are also covered by the Regulations.’

Legislation of interest to parents

(also see information in Children and Civil partnerships page)

Lesbian and gay couples have exactly the same right to request flexible working hours from your employer to care for dependants as heterosexual couples.   If encountering any difficulties contact the Equality Commission's enquiry line - 028 90 890 890, or talk to your union or contact your local CAB or independent advice centre.

Statutory Paternity Leave and Pay applies to lesbian and gay co-parents.  If encountering difficulties: contact the Equality Commission´s enquiry line - 028 90 890 890, talk to your union or contact your local CAB or independent advice centre.

Children Order (NI) 1995, as amended by the Civil Partnership Act, legislates on parental responsibility, residence orders, contact orders in case of separation etc.  Civil partnership does not confer parental responsibility but lesbian and gay co-parents can apply for parental responsibility.  Seek legal advice from a solicitor specializing in family law.

Civil Partnership Act (part 4: Northern Ireland)

Child Support legislation applies to lesbian and gay co-parents in case of separation.  For information contact DSD Child Maintenance and Enforcement Division Information and Support Service 0800 028 7439.  This only applies to children born in the couple.  (You can also apply for maintenance through the courts for yourself and your children, irrespective of whether they were born in the relationship or before.  Seek advice from a solicitor specialising in family law.

Under civil partnership legislation, children have the same inheritance rights as children in heterosexual relationships, whether there was a civil partnership or not, but you may still want to make a will in order to express your wishes for guardianship etc.  For legal advice, contact a solicitor specializing in family law.

Back to top