Breastfeeding Bill presented 8th November 2005

NOTES

  • The Breastfeeding etc Bill was introduced in the House of Commons on 8th November 2005.
  • Provisional second reading date (adjourned from 20th January and then from 3rd March 2006) is now set for 20th October 2006.
  • This Bill failed to become law


    This Bill is the equivalent for England and Wales of the Breastfeeding etc. (Scotland) Act 2005 (which received Royal Assent on 18th January 2005 and came into force on 18th March 2005). The wording is identical to the Scottish version, save for essential variations to suit England and Wales (for example the Scottish version inserts a new section into the National Health Service (Scotland) Act 1978 whereas the English/Welsh version makes the same change to the National Health Service Act 1977).

    In both cases the idea is to "make it an offence to prevent or stop a person in charge of a child [less than 2 years old] who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises" and for this purpose "feeding" expressly includes breastfeeding.

    The signficance of the proposal from an employment law angle is the vicarious liability provision in clause 2 which starts off by providing that:

    Progress was monitored on a dedicated parliament website on progress of the Bill.

    Footnote: It was reported in 2007 that a woman Councillor, Dr Lane, who was mayor of Manchester in 2005/06, had had a baby just before taking up that appointment. Greater Manchester council banned her from breast feeding in Civic cars. She sued for sex discrimination and won. The council had to pay legal costs, estimated at about £170,000 as well as £7,000 compensation Breastfeeding mayor wins sex case - BBC News 23rd August 2007.

    See generally notes at Maternity/sex discrimination law aspects .

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    updated Aug2007