I think it’s trickery. After all, it’s not just the Tories that get up to trickery. Here’s a bit of Blairite nonsense foisted on us in the Race Relations (Amendment) Act 2000:
It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination (section 2, Amendment 19B).
Well, that’s a relief. But beware: This amendment
does not make it unlawful for [a minister, official, or caseworker] to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out immigration and nationality functions (Amendment 19D).
I don’t know how tribunal judges ever decided between the two. They may have argued that as “does not make it unlawful” comes after “It is unlawful” the second, being later, should prevail. A pity really, as the Act aims
to eliminate unlawful racial discrimination; and … to promote equality of opportunity and good relations between persons of different racial groups (section 2(1).
Still, no one’s perfect.
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