Catholic adoption agencies 'will not co-operate' over new equality laws

"If we decide as a society to end discrimination then it would make a mockery of that if we provide exemptions for those groups most likely to discriminate." - Patrick Harvie MSP

Story in full:

CATHOLIC adoption agencies will defy new anti-discrimination laws, the Church warned last night, as the row over allowing gay couples to adopt threatened to divide religion and politics.

The argument was sparked by new equality laws being brought in by Westminster which would make it illegal to discriminate against anyone on the grounds of sexuality. This would include a Catholic adoption agency turning down a gay couple for adoption and has led to outcry among religious groups.

Tony Blair, the Prime Minister, has watched as his Cabinet ruptures over the issue. Ruth Kelly, the communities minister, argues for an opt-out for faith-based agencies while Alan Johnson, the Education Secretary, insists the new laws must apply across the board.

Mr Blair might have thought he was stalling the issue yesterday when he delayed any decision for another week.

But the entrance of John Reid, the Home Secretary, claiming all groups in Britain must follow equality laws only made matters worse.

In Scotland, recent legislation for the first time allowed gay couples to adopt. However, faith-based agencies can vet potential adopters based on their sexuality.

Despite accusations of discrimination, the Scottish Executive insists faith-based adoption agencies must be allowed an opt-out, and is in constant contact with Westminster to try to stop the new laws.

But as equality is a reserved matter it is powerless, prompting scorn from the Scottish National Party.

The Executive now finds itself in danger of alienating the Catholic Church in Scotland, which had announced that allowing the regulations to go forward would be a betrayal.

Yesterday, Archbishop Mario Conti, who is representing the Catholic Church in Scotland while Cardinal Keith O'Brien is in India, said:

"It is a raw deal, isn't it, when even our Executive is being undermined by other legislation [from Westminster], when one piece of legislation is fighting with another bit of legislation?"

Archbishop Conti denied the Church was "blackmailing" politicians by threatening to close agencies. He said agencies would continue to work as normal, it would be the government that forced them to close by not allowing them to work within their conscience.

He said: "Catholic adoption agencies would be unlikely to retain registration, given that they would be unable to comply with the proposed regulations."

There are two Catholic adoption agencies in Scotland, which took in about 40 children last year out of 400 children adopted.

Yesterday, Archbishop Conti made a last-ditch attempt to make Mr McConnell use his influence to stop the regulations going through by asking him to meet the Prime Minister.

"Would it not be preferable for the government to pass enabling legislation, allowing couples in civil partnerships to adopt, without requiring all agencies involved to extend provision beyond their current practice?" he asked.

But the First Minister has no plans to meet Westminster over the issue or send a minister. However, the Labour Party in Scotland pulled out all the stops yesterday to emphasise its position against the new regulations.

A spokeswoman for the Scottish Executive said that the UK education minister, Alan Johnson, had spoken to Hugh Henry, Scotland's education minister on the phone yesterday about the issue of Catholic opt-outs to equality laws. She said Mr Henry had explained the thinking of MSPs on the issue.

Michael McMahon, a Catholic west coast MSP, said the Labour Party had done everything in its power to ensure Catholic agencies retain the right to refer on gay couples.

"The Catholic Church appreciates if there are going to be any changes now it is from Westminster," he said.

But Fiona Hyslop, the SNP education spokeswoman, attacked the Executive for failing to protect Catholic agencies from the laws.

Those in Scotland who support the new Westminster legislation last night expressed dismay that the Catholic Church was threatening to ignore the law. Patrick Harvie, the Green MSP, said: "It is a disappointing attitude and I hope they reconsider."

And he insisted: "If we decide as a society to end discrimination then it would make a mockery of that if we provide exemptions for those groups most likely to discriminate."

Meanwhile, there were rumours in Westminster of a compromise, under which Catholic agencies would have no exemption from the requirement not to discriminate against gay people, but would be allowed a transition period to adapt to the new rules, due to come into effect in April.

And last night the matter showed no sign of abating as Mr Reid waded into the fray. He told a Westminster lunch that the provisions of the Equality Act should apply to everyone.

He said: "If you bring in a law which says all people will be treated equally, then all people will be treated equally."