European Union (Withdrawal) Bill

Debate between Baroness Lister of Burtersett and Lord Wallace of Tankerness

Report: 6th sitting (Hansard): House of Lords
Tuesday 8th May 2018 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I support the amendments moved and spoken to by the noble Lord, Lord Low. He set out the case extensively as to why these amendments should be made. I also echo his thanks to the noble and learned Lord, Lord Keen of Elie, for discussing them with us in what I found to be a useful and constructive meeting.

The first point I wish to raise is in relation to Amendment 83A, which seeks to take out the reference to,

“section 7(1), 8 or 9”,

and insert “this Act”. Can the Minister clarify in responding whether the Government’s Amendments 83AA, 83AB and 83AC will meet the purpose of that amendment? Our main concern had been that the original Bill, as it stood, put requirements on the Government with regard to what would have been Sections 7(1), 8 or 9—although Clause 8 has now been dropped from the Bill—but we were also concerned that Clause 17 had wide powers, to which the requirements under this part of Schedule 7 did not apply. It would appear that Amendment 83AB extends to Clause 17(1), which I think would go a long way, and Amendment 83AC to other parts in Schedule 2. I seek confirmation that that would now include all parts of the Bill when it becomes an Act, as in our amendment, which might be relevant to the requirements made under paragraph 22 of Schedule 7.

I make a further point in relation to Amendment 83E, which would require the Government—or the Minister in tabling regulations—to be,

“satisfied that it does not remove or diminish any protection provided by or under equalities legislation”.

As the noble Lord, Lord Low, indicated, the origin of much of this is a report from the Women and Equalities Select Committee in the other place which recommended that the Bill should explicitly commit to maintaining current levels of equality protection. In response, the Government tabled amendments in the Commons, the effect of which is that the Minister has to make a statement that,

“so far as required to do so by equalities legislation”,

the Minister had,

“had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010”.

That merely repeated what was already a matter of law, so it did not take us much further. This amendment would require the Minister to make a much wider statement that the proposed regulation,

“does not remove or diminish any protection provided by or under equalities legislation”.

I understand that that is the Government’s intention. It is their politically declared intention, and this amendment makes that a requirement.

When we discussed this with the Minister we agreed that the fact that Ministers are required to make statements under Section 19(1)(a) of the Human Rights Act focuses ministerial minds on whether a provision is compliant with the European Convention on Human Rights. We are saying here that, in terms of equalities legislation, ministerial minds should be focused when regulations are being brought forward so there is no diminution in any protection that it provides. That does not mean that there is a deliberate intent by the Government to diminish equalities legislation but means that people have to think about equality protection in bringing forward regulations, check right through and make sure that what is being done lives up to commitments that have been made. I cannot see any reason why Governments should be afraid of or concerned about this amendment. It merely seeks to give effect to the commitment that has already been made.

As the noble Lord, Lord Low, indicated, when we debated my Amendment 30, one of the objections of the noble Lord, Lord Callanan, was that the word “protection” did not have any statutory basis and therefore was not appropriate. He was possibly not aware that the Legislative and Regulatory Reform Act 2006 provides as one of the preconditions for the exercise of delegated powers under that Act that a provision,

“does not remove any necessary protection”,

so there is already a statutory basis for what we are proposing in this amendment, and therefore I support the amendment moved by the noble Lord, Lord Low.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am pleased to be able to speak in support of these amendments, to which I have added my name, especially as I was unable to speak in support of similar amendments in Committee because of another commitment. I am grateful to the noble Lord, Lord Low of Dalston, for his perseverance on this important issue. When I read the report of the Committee’s proceedings, I was pleased to note the warm words from the Minister, including his acknowledgment that the amendment looks very much like stated government policy, although he qualified that by arguing that the language of political commitment does not necessarily lend itself to the equalities statute book.

I am sure that no one would quarrel with that as a general proposition, but the body charged by Parliament with advising the Government on the equality and human rights implications of proposed legislation has drafted this amendment carefully to guard against such a weakness. I repeat the point made by the noble and learned Lord, Lord Wallace of Tankerness—that in particular the Minister objected to the use of the term “protection”, yet the EHRC points out that the term can be found in the Legislative and Regulatory Reform Act 2006 with regard to the use of delegated powers under that Act. It requires that a Minister must be satisfied that a provision,

“does not remove any necessary protection”.

Does that sound familiar? I imagine that is why the EHRC drafted this amendment in those terms.

The Minister also promised to take away for further consideration the point about the scope of the public sector equality duty, raised by the noble Lord, Lord Low, and also mentioned earlier today. The Minister described it as a constructive suggestion in order to bring further clarity to these parts of the Bill. It was thus very disappointing not to find the government amendment that would have brought this clarity, and I trust the Minister will explain why. I hope he will respond in particular to the EHRC’s injunction that:

“This must be rectified to ensure clarity and compliance with existing statutory duties”,


as the noble Lord, Lord Low, quoted earlier.