The Unequal Conduct of the Equality Commission

The conduct of The Equality Commission for Northern Ireland has rightly been called into question in the wake of the victory at the Supreme Court for the Ashers Baking Co.

A number of unionist politicians have called for a review of the actions of The Equality Commission in the light of spending a vast amount of taxpayers' money on what was a wasted prosecution. See below.

Belfast Telegraph - Ashers: Call for review of Equality Commission funding - Foster praises McArthurs for 'grace and perseverance'

The unequal conduct of The Equality Commission has been highlighted in the ruling of two different courts in this case. Both the Court of Appeal and now the Supreme Court have both seen fit to make comment on the unequal conduct of The Equality Commission when ruling on the Ashers case. 

Both court rulings have highlighted the unequal treatment that was meeted out to the respective parties in this case. The Equality Commission were only too swift to take the side of the complainant, Garth Lee, and pursue the Ashers Baking Co. on grounds of discrimination. They accepted the complainant's side of the story verbatim, without question, and furthermore without any attempt to establish the facts from the Ashers Baking Co. 

The conduct of The Equality Commission would give the impression that you can expect a swift response when you have a sodomite agenda to promote and pursue. However, if you are a Christian you can expect lesser treatment. 

It has been reported that the first correspondence that the Ashers Baking Co. received from The Equality Commission indicated that they already had sat as 'judge and jury' and found the Ashers Bakery guilty of discrimination without ever speaking with them first to hear their side of the issue.

Court of Appeal

The Appeal Court ruling, given in the autumn 2016, highlighted concern at this unequal perception:
In the course of the hearing concern was expressed about the role of the Equality Commission in the pursuit of this case. It was made clear to us that the Commission recognised its role in ensuring that all elements of Northern Ireland society participate in the commercial space. To that end we have been assured that the Commission is available to give advice and assistance to those such as the appellants who may find themselves in difficulties as a result of their deeply held religious beliefs. 

The only correspondence to the appellants that we have seen, however, did not include any offer of such assistance and may have created the impression that the Commission was not interested in assisting the faith community where issues of this sort arose. It should not have been beyond the capacity of the Commission to provide or arrange for the provision of advice to the appellants at an earlier stage and we would hope that such a course would be followed if a situation such as this were to arise in future. Emphasis mine.

The complete ruling can be read here - Summary of Judgement: Ashers Bakery Appeal

The Appeal Court drew attention to the lack of correspondence with the Ashers Baking Co. and the lack of assistance from The Equality Commission and the impression created that they were not interested in assisting those with religious convictions. 

The Appeal Court ruling further stated that advice and assistance should have been provided sooner and that this failing needs to be corrected in the future.

Supreme Court

In Paragraph 14 of the Supreme Court's ruling reference is also made to the unequal conduct of the Equality Commission: 

14. Mr Lee made arrangements with another cake provider for a similar cake which he was able to take with him to the party on 17 May. He complained to the Equality Commission for Northern Ireland (“the ECNI”) about the cancellation of his order. The ECNI have supported him in bringing this claim for direct and indirect discrimination on grounds of sexual orientation, religious belief or political opinion. 

The Court of Appeal expressed some concern that the correspondence between the ECNI and the bakery may have created the impression that the ECNI was not interested in assisting members of the faith community when they found themselves in difficulties as a result of their deeply held religious beliefs (para 106). It is obviously necessary for a body such as the ECNI to offer its services to all people who may need them because of a protected characteristic and not to give the impression of favouring one such characteristic over others.

The Supreme Court shared these concerns and highlighted that: It is obviously necessary for a body such as the ECNI to offer its services to all people who may need them because of a protected characteristic and not to give the impression of favouring one such characteristic over others.

A Christian would have good grounds for doubting whether they could receive equal treatment at the hands of the Equality Commission as it is presently set up, when the facts of this case are known. Unless there are serious changes to The Equality Commission then who could blame a Christian for being vary of the unequal conduct of The Equality Commission.