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Updating Guernsey's sex discrimination laws will not happen this term partly because of the controversial nature of the issue.
There is debate in the UK about whether protections there refer strictly to biological sex, or also to people with a gender recognition certificate; a legal document that allows someone to change the legal sex on their birth certificate.
In Guernsey, a new prevention of discrimination law has been in place for just over a year and its first phase covered the grounds of race, disability, career status, sexual orientation, and religion or belief.
Employment & Social Security has been consulting on expanding it to cover age and also incorporating the grounds covered in the existing 2005 sex discrimination ordinance, such as sex, marriage, and gender reassignment, with possible reframing of those grounds.
"I've recently attended pre-consultation meetings with some stakeholders in respect of the grounds covered under the existing Sex Discrimination Ordinance," said ESS President Peter Roffey.
"The message I received was that it was important that the committee doesn't rush the development of policy proposals for these grounds of protection, just because we're nearing the end of this term of government.
"Given the complexities and controversial nature of some of the policy questions that arise in relation to sex and gender and the fact that legal debate is ongoing in the UK, the committee has decided not to proceed with this aspect of Phase 2 during this term of government.
"To be clear, the committee is still aiming to publish a policy letter in relation to the outcome of the review of Phase 1 and proposals for age discrimination legislation in March 2025 - but the sex grounds will be handed over to the next committee."
A case is currently being considered by the UK Supreme Court which could have implications for how measures aimed at tackling discrimination will operate.
It stems from legislation in Scotland, but centers on what "sex" means in law. A result is expected to take several weeks.
ESS recently completed a public consultation in respect of age discrimination.
"We received a positive response, including helpful feedback from States committees, business representative organisations, employers, third sector organisations and individuals.
"Most respondents were largely supportive of the proposals presented by the committee, but some valuable points were raised for further consideration.
ESS has also launched a review of Phase 1 of the Prevention of Discrimination Ordinance.
"I've written directly to over 70 stakeholders, and we are issuing a media release inviting feedback from anyone who wishes to provide input to the review. This is a general review, so we haven't been prescriptive in setting out questions for people to consider - we welcome feedback on points of detail or general observations about the impact of the ordinance, positive or negative."
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