The Government has announced that “the proud history, unique culture, and distinctive language of Cornwall will be fully recognised under European rules for the protection of national minorities”. According to the press release, the decision to recognise the unique identity of the Cornish now affords them the same status under the European Framework Convention for the Protection of National Minorities as the UK’s other Celtic people, the Scots, the Welsh and the Irish. The Government has confirmed that the recognition of the unique position of the Cornish as a Celtic people within England is without prejudice as to whether the Cornish meet the definition of “racial group” under the Equality Act 2010, as only the courts can rule on that. However, applying the criteria laid down by the House of Lords in Mandla v Lee for the definition of a racial group, there is a very strong argument that the Cornish come within the protected characteristic of race in S.9 of the Act.

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