Francis Davey wrote:
> Le samedi 16 mars 2013 08:45:02 UTC, Norman Wells a écrit :
>>
>> Does your convenience trump the law then?
>
> It may do.
>
> This is an RTFM. Read the Equality Act 2010.
Yes, I have, thank you. I've even referred to specific Sections of it
in this thread.
> Language is not a protected characteristic, but discrimination on
> grounds of language may well be indirect discrimination on grounds of
> race, at least in the expanded sense which that word is used in
> discrimination law.
>
> Indirect discrimination is justifiable.
It 'may be' justifiable. Generally, it isn't.
> The test is whether it is a proportionate means to a legitimate end.
Indeed.
> The provision of a free to users moderated newsgroup is undoubtedly a
> legitimate end. The use of volunteer moderators and a restriction to
> the languages they know seems to me a typical example of
> "proportionate means".
Well, that's _your_ subjective judgement based on your personal
interpretation of the phrase 'proportionate means to a legitimate end',
but it's actually such a vague and imprecise expression that it's quite
capable of being interpreted any way anyone chooses. The provision of
the newsgroup itself may well be a legitimate end. The question,
however, is whether, in the light of legislation clearly intended to
eliminate or substantially reduce discrimination and provide equality of
treatment for those of different nationalities, the provision of a
_single language_ newsgroup is a legitimate end. Ask that question and
you may well end up with a different answer.
> Indeed if I wanted (say) to run an open discussion group where it was
> important that everyone should understand everyone else (UKLM is not
> necessarily this - I am treating a hypothetical case) I might decide
> that a single language should be used in order to permit that
> discussion to take place. That seems to me entirely justifiable, even
> if I forbid the use of other languages in group.
That may well apply to a members-only group or private club. I doubt if
it applies to an open-access forum which has no membership but is and
always has been open to anyone. UKLM seems to me to be the provision of
a service of the sort that the law would want in principle be available
on an equal footing to all.
> The CJEU uses French as its working language. If I were appointed a
> judge of the CJEU (unlikely of course though that may be) it would
> not be open to me to complain that I could not speak French. I would
> have to learn it or refuse the appointment.
Quite so. However, preventing access to the Court merely on the basis
of the language of the applicant would surely be illegal as well as
wholly undesirable, as I'm sure you would agree. In that sense, it's no
different to UKLM.
> So I think this is a non-starter.
I don't think your conclusion follows.