Political parties, candidate selections, inequality, proportionality and Mr Dhamija

Abstract

The low representation of women and members of disadvantaged minorities in parliaments is a global phenomenon. In most EU countries, and some outside the EU, political parties are permitted to use positive action voluntarily when selecting their candidates for such bodies. The UK Parliament gave political parties such permission when selecting candidates for certain elected bodies, subject to a requirement of proportionality. In Dhamija v Liberal Democrats in England [2019] EWHC 1398 (QB) a political party had sought to take advantage of the permission by adjusting candidates’ rankings on its party lists for the European Parliamentary elections. The scheme caused dispute, and the High Court in London had to decide with great expedition whether the scheme was unlawful. This article examines section 104 of the Equality Act 2010 and the judge’s approach to it and concludes that the approach rendered section 104 of the Act unworkable and should be overruled. The article argues that, correctly understood, UK law does not set the UK apart from comparable European democracies. It is hoped that this article will also be a useful case study for other jurisdictions.