European Union (Notification of Withdrawal) Bill

Debate between Baroness Massey of Darwen and Lord Bilimoria

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I intend to build on the comments made by the right reverend Prelate in relation to universities and to link that subject into the whole debate about leaving the single market. The Indian Finance Minister is in the country and he was asked a question today about free trade agreements between the UK and India. He made it clear that free trade agreements are not just about tariffs and goods; they are about goods and services and people. He specifically mentioned students and the ability of Indian students to study over here.

A report came out on 23 February saying that almost a third of university academics are from outside the UK. If you look at certain areas—engineering and technology—non-UK academics account for 42% of the staff. In maths, physics and biology, 38% of staff are non-UK and most of them are from EU countries. Then you have the statistic—I declare my interest as chair of the advisory board of the Cambridge Judge Business School and Chancellor of the University of Birmingham—provided by Professor Catherine Barnard from the University of Cambridge, who told MPs that her university had seen a 14% drop in applications this year from EU students. There is, therefore, already a worry about the future of EU students and EU academics.

You cannot just say, “We don’t do impact assessments”. That would be foolish in business: if I make a forecast and I get that forecast wrong, does that mean that I stop forecasting in future? I would be foolish not to forecast. You have to keep trying to forecast, even though you might not always get it right. Impact assessments are absolutely essential. It is wrong to keep going on about the will of the people and saying that we therefore do not need to do anything, or to say that the forecasts were all wrong so we can ignore forecasts and experts. We are going to start sounding like Donald Trump complaining about the elites and ignoring the experts. No, we must continue to forecast and have impact assessments. We must look at the concerns of our universities, our academics and our students and at the potential loss of EU students and academics in the future.

[Baroness Massey of Darwen (Lab)]

My Lords, I will speak to Amendment 27. I am pleased that the noble Lord, Lord Bilimoria, has just said what he did about impact assessments, because I, too, am going to speak about them, but in this case in relation to inequality. I support the views of the noble Lord, Lord Hannay, on impact assessments and other issues. Of course they are not all rubbish; they are for measuring and calling to account. That is what we should be doing.

The Equality Act 2010 provides a basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions. It provides protection for people from discrimination because they are perceived to have, or are associated with someone who has, a protected characteristic. It extends the provisions related to disability and includes gender pay discrimination, private clubs and new powers for employment tribunals. The purpose of this new clause is to ensure that the impact of decisions on those with protected characteristics is considered, taken into account and debated at every stage of the negotiation process for Brexit. That is all—just looked at and debated.

The word “equality”—and its implications—is curiously absent from documents from the White Paper onwards. Given the various debates that Britain and Europe have had about race, disability, gender, sexuality, employment and so on, it seems amiss not to be screening for discrimination in these and other areas related to equality. We must have regard for such potential discrimination during the process of our deliberations and in the final deal. This new clause would ensure that considerations of equality were at the forefront of government thinking throughout the withdrawal process and would inform the new arrangements. That is necessary to ensure a good deal for everyone and to make sure that any negative impact on those with protected characteristics was presented up front and that steps were taken to deal with potential negative impacts.

The Minister in another place responded to the deliberations on this new clause by saying:

“The Prime Minister has been clear: we want the UK to emerge from this period of change stronger, fairer, and more united and outward-looking than ever before. We want to get the right deal abroad, but ensure we get a better deal for ordinary working people at home. In the White Paper, we set out our ambition to use this moment of change to build a stronger economy and a fairer society by embracing genuine economic and social reform”.—[Official Report, Commons, 7/2/17; col. 392.]


What I am seeking in this amendment is a reassurance that practical measures, such as scrutiny of equality implications, and protection will be built into the Brexit process for all, whatever their condition, in all aspects of life.