This is a 'for information' post, which will hopefully stem some of the 
confusion that's about to erupt big time in the UK.

On Wednesday, the final reading of the Equalities Bill takes place in 
the House of Lords.  It covers the whole of the UK, but as Scotland has 
its own breastfeeding legislation, that supersedes this Bail.  So, to 
all intents and purposes, the Bill only covers England & Wales.

The Bill contains a clause that a mother, in receipt of goods and 
services from a service provider, can sue, if asked to leave premises 
for breastfeeding, as long as the baby is 26 weeks or under.  This is 
creating the FALSE impression that

a) It's illegal to breastfeed in public after 26 weeks.

and

b)  The mother cannot be asked to leave premises.

Both are untrue.  It is legal to breastfeed in public in England & 
Wales, and there is no time limit.

The issue is not breastfeeding - the issue is interrupting 
breastfeeding.  Under this legislation, if you ask a mother to leave a 
cafe, or anywhere where _a service_ is being provided, you are liable to 
be sued by the mother.  However, if ordered out of a cafe, the mother 
must go.  The law does not protect her from being removed, it just give 
her recourse afterwards.  It's extremely important mothers know this.  
If a cafe owner threatens her with the police, and the mother holds her 
ground, the police can be called, and will tell her to leave.  However, 
she then has evidence that the discrimination took place.  I can think 
of little else that would qualify for evidence, unless the owner 
supplied a nice piece of paper saying "I threw you out for breastfeeding".

The 26 weeks is a red herring.  Under _existing_ Sexual Discrimination 
Legislation, mothers have been able to sue for this, in the UK, since 
1975.  That legislation has no time limit, and still applies.  So if the 
baby is under 26 weeks, the mother can take it to a County Court, under 
the Equalities Bill.  Over 26 weeks, to a Sexual Discrimination Tribunal. 

Both routes are as useful as a chocolate teapot.

Yes, the legislation is actually harmful, due to the mis-information and 
bad reporting.  But it is _really_ important that mothers know that they 
can breastfeed in public spaces, without restriction, in either age or 
location, in England & Wales.  The 26 weeks issue is not relevant.

In contrast, the legislation in Scotland, make it an offence to ask a 
care-giver to stop feeding milk a child up to the age of two years old.  
Any care-giver, any milk.   And this covers public spaces, and not just 
service providers.  The 'new' legislation does not offer any protection 
in truly public spaces, at all.

And yes, I despair.  We've been fighting this debacle for nearly two 
years, and still the wrong information is being published in the press.  
I could SCREAM!

Morgan Gallagher

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