The Human Rights Act will definitely be changed to outlaw discrimination on the grounds of sexual orientation, according to the Premier's press secretary. Arnold Minors told The Royal Gazette that the only issue still to be decided was the exact wording of the planned amendment to the 1981 law, which was promised in last week's Throne Speech. "The Act will be clear that you will not be able to discriminate on the basis of sexual orientation," he said.

Mr. Minors explained that the terminology in the amendment had to be carefully chosen as some people — such as those who term themselves "transgender" — might not feel adding "sexual orientation" as a protected ground would prevent them from being discriminated against.

"It's hard to write it in the legislation because in an area that's evolving like this there is always someone who can come along and say: 'What about me?'" he said.

He added: "The Government is clear that sexual orientation will be included in the Act in language that makes sure that people know they are in there. We want to get the language right so that everybody is clear."

Government promised in Friday's Throne Speech to amend the Human Rights Act to "prevent discrimination against all classes of people".

But confusion about the nature of the amendment arose after Culture Minister Neletha Butterfield told a press conference days later that a proposal to add sexual orientation as a protected ground was rejected by Cabinet earlier this year and that the idea was "still being actively investigated".

Mr. Minors, who for many years worked as a human rights advocate in Canada, said the process currently under way was less an investigation and more a discussion about wording.

Asked why he thought the Minister made her remarks, he said: "No one in Cabinet is permitted to make a statement about Cabinet discussions or Cabinet deliberations.

"They are not public and they are not public for a reason. Whatever the Minister said and whatever she meant about Cabinet deliberations — particularly those where she was not even a member of Cabinet — I cannot comment on. You are going to have to ask her."

He added: "All I can say to you is the Government is clear that sexual orientation will be included in the Act in language that makes sure that people know they are in there. The Throne Speech is really clear and unequivocal."

Former Culture Minister Dale Butler, meanwhile, accused Government of "flip flopping backwards and forwards" on the issue. He told this newspaper that Cabinet twice rejected his bid for a sexual orientation amendment — even though the majority of the Progressive Labour Party caucus agreed earlier this year that it should go to a conscience vote in the House of Assembly. "I have been ping ponged around," he said. "I get one story in one room and another story in another room. It's pathetic."

He said he had been prepared to go to Cabinet a third time with the long-awaited amendment. "If they had rejected it a third time, I would have moved the amendment myself on the floor of the House," said Mr. Butler, who quit Cabinet in June. "In other words, I would have put it out there. I would have said: 'It doesn't have Cabinet support and as a Minister in my own right, I'm making this amendment right now.'"

He said he believed Premier Ewart Brown had now got Cabinet to agree to a compromise where the words "sexual orientation" would not appear in the amendment. "Given the flip flopping backwards and forwards it's the typical colonial response to move very, very slowly and that's what happens," said the PLP backbencher. "We shouldn't be playing these type of games. We should have an open vote with 35 members — not including the Speaker — who are elected to make tough decisions.

"They should indicate where they stand. There are too many people sitting in that House and we don't know where they stand on anything."

Mr. Butler said he would be willing to propose an amendment to have the words sexual orientation added to the Act. Ms Butterfield did not respond to E-mailed questions on Tuesday.

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