Breastfeeding in public will be a woman's right

New Bill: Expectant and new mothers would be protected from discrimination
12 April 2012

Nursing mothers will be allowed to breastfeed their babies wherever they like under new anti- discrimination laws announced yesterday.

Restaurants, cafes and shops which tried to ban them would face court action and fines of up to £2,500.

The move is a victory for pressure groups who have been asking for greater rights for mothers in the interests of better health for babies.

It will mean that mothers of children up to a year old will be able to feed them 'discreetly' in public - despite the misgivings of restaurant managers or the possible embarrassment of other diners.

The breakthrough for breastfeeding campaigners comes in a scheme for a sweeping new 'Single Equality Bill' designed to replace and streamline 40 years of legislation against prejudice.

The plans, outlined in a 190-page consultation paper from the Communities Department, include laws to curb bias against women at private clubs, new rules to try to ensure dignity for elderly people and 'balancing measures' to let police forces and other employers speed the careers of ethnic minority staff.

Mothers who breastfeed are regularly asked to leave business or public premises. In recent months, women have been asked to stop feeding and cover up in the National Gallery and Hampton Court palace in London.

Last month, the Mayor of Trafford in Greater Manchester, Dr Pauleen Lane, went to a tribunal after she was told she could not breastfeed in her official car.

In Scotland, however, it has been a criminal offence since 2005 to ban breastfeeding in cafes, restaurants, pubs, shops or public transport.

The maximum fine, £2,500, is likely to be followed in England and Wales, officials said yesterday.

The rules will be introduced as part of the Single Equality Bill by Communities Secretary Ruth Kelly, who is a longstanding supporter of breastfeeding.

As a junior member of the Government she took her third child Roisin, then three months old, on a parliamentary trip to Rome because she was breastfeeding her.

Campaigners said they were 'delighted' that the needs of nursing women out with their children had been recognised. But the National Childbirth Trust said the change should be extended to cover children more than a year old.

Rosie Dodds of the NCT said: "According to the latest survey, 13 per cent of women in England and 16 per cent in Wales have been asked to stop or made to feel uncomfortable when breastfeeding.

"We regularly receive calls from distressed mothers who have been told they can't breastfeed in restaurants or shops, or even in schools and health centres. It leaves them embarrassed, shocked and angry and it is time it stopped."

The consultation paper does not specifically mention breastfeeding, but ministers made clear that this would be the chief impact of new rules forbidding discrimination against pregnant women and mothers of babies.

Officials have no definition as yet of what 'discreetly' means. That will be decided when ministers assess the results of their consultation.

The consultation paper contains a raft of potentially controversial ideas. Police forces would be allowed to fast-track training for ethnic minority recruits.

Government bodies and local councils would, if the law goes through, be told that they must treat all religions equally.

The proposal could risk constitutional arguments because the Church of England remains the established state religion, and the head of state, the Queen, is its Supreme Governor.

But the consultation paper said councils will merely be told they should give equal support to voluntary groups from different religions.

The paper also proposes specialised discrimination courts - local county courts with judges trained in discrimination law.

There was criticism of the new plans from some groups - notably feminists disappointed at the lack of new laws on greater wage equality and organisations for the elderly who said measures against age discrimination should go further.

But ministers say a key aim is to simplify the law, to protect people rather than create extra bureaucracy.

The new anti-discrimination laws affects many different groups. To see if you're among them scroll down for more...

THE ELDERLY

New laws are likely to try to protect the dignity of vulnerable older people, both at home and in care homes. The idea follows six years of the Daily Mail's Dignity for the Elderly campaign.

Discrimination in goods and services against older people would also be banned - for example, banks would no longer be able to deny a credit card to a solvent person over 65 just because of their age.

But there would be some exemptions - there would be no block on companies providing holidays aimed specifically at over-55s or youth groups.

POLICE AND THE NHS

Police forces will be able to give favoured treatment to ethnic minority recruits under new 'balancing measures'.

The NHS will be allowed to open special facilities for gays and lesbians and ethnic minority groups to target illness and diseases particular prevalent among them.

But the consultation paper insists that this remains 'positive action' and does not cross the line into employment quotas or 'positive discrimination' that would mean minority members would be preferred for jobs and services over others.

AT THE GOLF CLUB

Private clubs with more than 25 members will no longer be able to discriminate on grounds of gender.

At the moment, golf clubs can ban women from their courses or clubhouses at popular times such as weekends and limit their rights to play.

Some stop women members joining management committees. Working men's clubs also often give women second-class status.

But single-sex clubs, for men or women, will still be allowed to exclude members of the opposite sex.

THE DISABLED

Landlords will be unable to refuse to put in facilities such as wheelchair ramps or stairlifts which help disabled tenants get in and out of buildings and public areas inside them, such as lounges.

The consultation paper says disabled people should not be forced into isolation because they cannot easily move outside their homes.

The new law is likely to affect large numbers of buy-to-let owners. But the cost of alterations will have to be met by the disabled tenants who ask for them, the paper said.

GENDER SWOPS

Britain's estimated 5,000 transsexuals will be brought under the umbrella of anti-discrimination laws.

The planned changes would prevent any public body treating transsexuals differently from other people and stop anyone denying them goods or services.

Religious organisations will have an exemption, however, to allow them to exclude transsexuals from jobs on doctrinal grounds. Sports will also be able to ban transsexuals from matches or events reserved for single-sex competitors.

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