(2 years, 8 months ago)
Lords ChamberMy Lords, I am grateful to the Lord Speaker for taking the first line of my speech. It is such a positive point, and right that he should make it from the chair to show the whole House’s support for such a wonderful first in your Lordships’ Chamber.
Standing here this morning, I am but a bridge—a conduit or messenger—for the British Sign Language Private Member’s Bill. All of the credit and plaudits should go to the honourable Lady, Rosie Cooper, who steered her Bill through the other place in such style. Similarly, credit should go to all the organisations which have supported and pushed for such a Private Member’s Bill, not least the BDA, the RNID and all other organisations and individuals, right across the country, who have spent so much time pushing for this measure.
I start with an apology. I would have liked to have practised a small amount of sign language to put into my speech this morning but, having consulted many people, because of the obvious difficulties for me in being able to have a conversation in BSL, it was advised that it would be inappropriate for me to do so. I hope that is okay with everybody out there and perfectly in order. Again, I underline the fantastic live signing on parliament.tv as I speak.
The purpose of the Bill is, in many ways, incredibly straightforward. It is simply this: to include BSL signers. I will give one example, to make the point. Imagine you are a BSL signer and you go to a hospital or GP appointment. The news might not be good, but whether good or bad, it is certainly personal—perhaps some of the most personal interaction you may have with the state. In those circumstances, it seems wholly appropriate that a BSL signer should not have to rely on a spouse, parent, child or sibling to enable that encounter to be accessible and inclusive. This seems a perfectly reasonable proposition and it is certainly well set out and delivered in other aspects of the public sector.
The Bill itself was unopposed through all of its stages in the other place. Again, that is great testament to the honourable Lady, Rosie Cooper. In many ways, if noble Lords and those beyond this House want to get to the entire purpose of the Bill, just read the Long Title, so brilliantly penned by her.
On the detail of the Bill, Clause 1 recognises BSL as a language of England, Scotland and Wales. The Bill does not extend to Northern Ireland, for two key reasons: first, to recognise and respect the usage of British Sign Language and Irish Sign Language in Northern Ireland; secondly, to note the limited extent of the Equality Act 2010 in Northern Ireland.
Clause 1 puts on a statutory footing what was set out in a ministerial Statement in 2003 on the recognition of BSL as a language. Clause 1(2) is a technical but important part of the Bill, which simply sets out to ensure that it does not cut across or stymie any existing legislation and legislative provisions, not least those set out in the Equality Act 2010, particularly pertaining to reasonable adjustments.
Clause 2 puts a duty on the Secretary of State to report on the promotion and facilitation of BSL across all the departments of state listed in the Schedule to the Bill. This could be plans, strategies, approaches to promotion or press releases—anything, in reality, which leads to the promotion and facilitation of BSL. In many ways, it is Clause 2 which will enable the deaf community to hold the Secretary of State and the Government to account on the provisions of this Private Member’s Bill.
Clause 3 sets out a duty on the Secretary of State for the production of guidance for the promotion and facilitation of BSL. Again, there is a real opportunity here to bring out best practice and set out case studies—in short, to drive up and improve right across the piece on BSL. One of the key elements of Clause 3 is that it will be supported by an advisory board of BSL signers to put in their views, experience and expertise to the Secretary of State in the creation and deployment of that guidance.
That brings me to the non-statutory provisions, which the Minister has set out alongside the Bill. I will not dwell too much on these because I would not want to take words from my noble friend the Minister this morning. First, however, that board of advisers, the BSL signers, is absolutely critical to so much of what will happen in this space. Secondly, there is a move to increase the number of signers across the country. Thirdly, it will ensure that all elements of access to work fit with the intent and purpose of this Bill.
This Private Member’s Bill is clear, concise, simple and straightforward. In the British Sign Language Bill, the honourable Lady, Rosie Cooper, has given us a barrel of a Bill, from which can flow forth the finest brew of all: inclusion. I beg to move.
My Lords, the noble Baroness, Lady Thomas of Winchester, is taking part remotely and I invite her to speak. For the middle section of her speech, the noble Baroness will be assisted by the noble Lord, Lord Bruce of Bennachie.
(4 years, 5 months ago)
Lords ChamberMy Lords, a number of Members of your Lordships’ House may wish to claim that it was the force and power of their oratory that caused the Government to think again, but I have a sneaking suspicion that the mere prospect of the noble Baroness, Lady Fookes, leading a band of opposition rebels was enough to concentrate minds—and I am very glad that it did. There was broad consensus around the House that the powers taken within the legislation were far too broad. I am glad that the noble Earl, Lord Howe, has come back and talked in detail about those which have been ceded and those which have not.
Towards the end of his remarks, the noble Earl said that the Government had retained some regulation-making powers to address the needs of different sectors, should it become apparent that regulations need to be made to save businesses in certain sectors. That is the issue to which I draw attention, following on from the remarks of the noble Baroness, Lady Anelay of St Johns. Like me, she has an interest in what happens in the charity and social enterprise sector. Welcome though the letter from the Minister was—exactly as the noble Baroness just said, it talked about charities with wholly owned subsidiary trading companies which give back their profits to the charity—a number of charities have different company forms, and there remains a lack of clarity in the Bill about some of those entities.
I am very pleased that the noble Lord, Lord Callanan, and his officials have talked to me about this. The Bill applies to those charities which are companies limited by guarantee—it is mostly community interest organisations that will fall within this—but it will not apply to charities that are unincorporated, nor to excepted charities and royal charter charities. There is also a big consideration around the extent to which the Bill will apply to community benefit societies, mutuals and co-ops. I am not asking the Minister to reiterate the detail of that today. I merely draw attention to the fact that there may be matters to which it is necessary to return when the Government make regulations under the Bill.
I signalled to the noble Lord, Lord Callanan, one of the issues that has been drawn to my attention by the museum sector. We have a number of independent museums—not the large museums set up under an Act of Parliament, nor those associated with local government—and they are typically charitable companies. They have a very big fear. If they are in danger, and a number of them currently think that they may well be, their collections immediately become part of the assets of any insolvency procedure. The big concern is that, if there is no exemption for those assets in regulations, later on this year a large part of Britain’s cultural heritage may suddenly come up in a fire sale. That would be extremely damaging, not just to those organisations but to the local economies that they support as part of the tourism sector and so on. All they are asking is that, when it comes to making regulations under the Bill, there be consultation with them and with the charity lawyers, accountants and insolvency practitioners who have expertise within what is, I know, a very niche but important part of company law.
That said, I add my support to the noble Baroness, Lady Fookes, and her Amendment 48. What she is asking for seems entirely reasonable.
I am pleased to speak in support of Amendment 48 from my noble friend Lady Fookes. As ever, she makes a point that is pertinent and clear, and that is absolutely required at this stage. In doing so, I also congratulate my noble friend Lord Blencathra and the members of the Delegated Powers Committee on all their work in this area. As other noble Lords have said, the Government are in listening mode on this. That can be only a good thing, and it is largely down to the persuasive power of my noble friend.