Case Study Team Law

Anti-discrimination legislation in the States of Guernsey

Dr Lucy-Ann Buckley and Dr Shivaun Quinlivan have extensive experience and strong track records of research and advocacy in equality law. This led to their appointment, in February 2018, as expert advisors to the States of Guernsey (Channel Islands) regarding the development of a new disability discrimination law. However, as a result of Lucy and Shivaun’s advice, this proposal progressed to broader anti-discrimination legislation covering multiple grounds. After sustained effort for 2.5 years, the work culminated in a unanimous vote by Guernsey’s parliament on July 17th 2020 to approve proposals for legislation in two phases. The first phase will prohibit discrimination based on disability, carer status, race, religious belief and sexual orientation. The second phase will address discrimination based on sex, transgender status and age. The new anti-discrimination legislation will be enacted within two years and will apply to employment, the provision of goods and services, and education. The new law is a key step in enabling Guernsey to ratify the UN Convention on the Rights of Persons with Disabilities (CRPD) and is an essential part of the island’s Disability and Inclusion Strategy.

Guernsey Press Coverage of the parliamentary debate on the proposals.

When Lucy and Shivaun were appointed, progress had stalled due to disagreements at local level regarding the best way to proceed. Lucy and Shivaun played a key part in helping to resolve this stalemate, engaging with stakeholders, evaluating legislative models from multiple jurisdictions, and advising on the model that best met Guernsey’s needs.  Once the appropriate legislative model was agreed, the States of Guernsey asked Lucy and Shivaun to continue as expert advisors and assist with developing the legislative proposals, to ensure that any legislative model was CRPD compliant. Opinion in Guernsey on the proposed equality law was polarised and there were heated debates and disputes. Lucy and Shivaun provided impartial advice to stakeholders on request, clarifying the potential effects of the proposed legislation and explaining how it would operate in practice. They also prepared a number of ‘myth busting’ videos for use by the States of Guernsey, which addressed key community concerns and which were used in government presentations to stakeholders and widely circulated on social media.

Rob Platts MBE, Equality Advisor to the Guernsey Disability Alliance, said: ‘Right from the start, the involvement of these two experts changed the dynamic. Their scrupulous impartiality and rigorous, systematic, and critical academic research brought more confidence, certainty, and direction to the work of the Legislation Project Team. These experts are modest, but, whenever they presented a piece of work, the audience was captivated, both by their grasp of the subject and by their ability to convey their knowledge.’

Lucy and Shivaun’s contribution is notable for its deep impact, delivering on the immediate goal of workable policy proposals that will shape future anti-discrimination legislation in the States of Guernsey. Guernsey previously had little equality legislation. The new law will impact on the quality of life in Guernsey in many spheres, by promoting social inclusion and enhancing the ability of all to participate on an equal basis. 

Deputy Michelle Le Clerc, Chair, Committee for Employment & Social Security, States of Guernsey, stated: 
‘I would like to thank you both wholeheartedly, on behalf of the Committee … Your knowledge and expertise have been invaluable to both Committee members and our Policy Team who were new to this topic area and had a very steep learning-curve to navigate. Your clear and unequivocal advice, often provided at very short-notice and under the pressure of tight deadlines, helped us to navigate the nuances and complexities of this challenging topic and arrive at a position which I feel confident will provide a strong foundation on which to build in future.’