Enterprise and Regulatory Reform Bill

Debate between Baroness Stowell of Beeston and Lord Bishop of Oxford

Wednesday 24th April 2013 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, this House has debated caste and caste discrimination at each stage of this Bill since Grand Committee. I pay particular tribute to the noble and right reverend Lord, Lord Harries, and my noble friends Lord Avebury and Lord Deben, for their important, impassioned and at times moving contributions to these debates. I also acknowledge many other noble Lords who spoke in heartfelt and well informed ways, many for but some against the different amendments relating to caste discrimination being incorporated into the Equality Act 2010.

Earlier this week we considered this issue again in some detail, and this House repeated its view that caste should be directly included in the Equality Act 2010 as an aspect of race. The Government have always said that we are against any form of caste prejudice or discrimination. What has been at issue is how best to tackle any such prejudice and discrimination that may occur.

We have listened carefully to what this House has said, and we acknowledge the strength of opinion that has been expressed. While I need to record that we remain unconvinced that the evidence shows that legislation is the right way to resolve problems associated with caste prejudice or discrimination, we none the less accept the need to resolve this matter. We have therefore made the commitment, after full and extensive consultation, to legislate. Noble Lords will recognise that this is the essential difference compared with our earlier proposals.

The amendment that was last debated in this House would have seen caste directly become an aspect of race for the purposes of the Equality Act 2010. Instead, we propose an alternative form, which was originally proposed as an amendment in this House in Grand Committee. Under this amendment in lieu, what is currently a discretionary power in the Equality Act to add caste to the list of race characteristics will become a duty on the Secretary of State. This amendment still gives effect to the need to legislate, while giving us greater flexibility to pick up the key issue of public consultation, which I believe the House recognises to be necessary and useful.

There are important issues on which we need to consult widely. The first concerns the definition of caste in the Act and any associated exceptions. Second is the issue of non-legislative concerns, some of which were highlighted by the Opposition in the other place and raised in this House, for example the guidance needed by business or by courts and tribunals, or the vexed question of caste identification and monitoring. Finally, there are wider issues to do with caste, such as gathering the right evidence that may be needed for the eventual statutory reviews, to which I shall come in more detail in a moment.

The secondary legislative approach, which the Government are proposing today and which I think was supported by a number of speakers, gives us better assurance that we get the legislation right, as well as greater flexibility on its timing. I should add that we intend to continue with our Talk for a Change education programme in relevant communities, which we continue to see as having an important role in effecting cultural change over time. We also wish to involve and work closely with the Equality and Human Rights Commission on broader issues of caste and caste-related discrimination.

Noble Lords will also see that there is a further element in the Motion. We have provided for the possibility of a review of the exercise of the caste power and any order made under it. This safeguard is in response to the various concerns raised by parliamentarians of all parties, here and in the other place. It looks beyond any immediate need for caste legislation, and concerns the importance of ensuring that legislation does not inadvertently embed in British society the concept of caste, together with those aspects of it that are inappropriate to the modern world.

We see no place for caste in today’s Britain, and we want caste distinctions to disappear over time. This power gives us the opportunity to review the ongoing need for such legislation to remain, together with a means for its removal should it no longer be considered appropriate. As I have already said this evening, the Government have listened carefully. We are committing to legislate after we have carried out the consultation which this House has recognised to be necessary, before we exercise the power to make caste an aspect of race in the Equality Act 2010. We are also putting in place the option to review that legislation after it has been enacted. I trust that noble Lords will accept these proposals, one of which mirrors an earlier proposal put forward in this House. The other picks up on a suggestion put forward by the Opposition, among others. I beg to move.

[Lord Harries of Pentregarth]

My Lords, I would like to express our deep appreciation to the Government for listening to the concerns of communities that are most affected by caste discrimination, and thank the Minister in particular for the seriousness with which she has taken this issue and the commitment that she has given it. As she said, the vital change has taken place. The word “may” has been changed to the word “must”. This will be part of primary legislation. There is agreement all around the House and in the other place that a period of consultation is necessary, both with those who are firmly in favour of the legislation and those who are against. There is absolutely no disagreement on that, and it is inevitable that there should be a period of time before the Act comes into force. Together with the noble Lord, Lord Avebury, I will seek a meeting with the Minister in the other place to talk with her about this consultation, in particular to get some sort of feel of the timescale before the Bill is enacted. I reiterate the thanks of the communities most affected by caste discrimination for the way in which the Government have listened seriously and responded to their concerns.

Enterprise and Regulatory Reform Bill

Debate between Baroness Stowell of Beeston and Lord Bishop of Oxford

Wednesday 9th January 2013 Grand Committee

[Baroness Stowell of Beeston]

In simple terms, the protected characteristics are characteristics that we all share; we all have a sex, a race and an age. I think the point in dispute was debated on previous legislation.

I will conclude by saying that we have thought long and hard about this legislative power and about why making this change in a Bill designed to encourage enterprise and streamline regulation would be inappropriate. However, I am very happy to accept the noble Baroness’s proposal of a meeting. We also acknowledge that uncertainty as to what is to happen on the issue of caste discrimination in Great Britain helps no one.

My noble friend made reference to the letter that he received from my right honourable friend Maria Miller and her reference to the fact that we expect to be able to make a fuller announcement on the Government’s intentions on this matter shortly. I certainly will do all in my power to ensure that, as far as is possible, we do so before we get to the next stage of this Bill.

[Lord Harries of Pentregarth]

The Minister has quoted a couple of times from the report to the effect that it was not clear that this particular form of harassment was carried out on grounds of caste. If she looks at the report, I think she will see that that refers to something quite specific and in no way undermines the overall conclusion that there is clear evidence of discrimination on the grounds of caste. I think she will find that that uncertainty about caste refers to a particular kind of harassment. It does not undermine the main findings. In the light of her reply, I wish to go back to the evidence that I gave just now about my personal interview with someone who clearly had been discriminated against on grounds of caste. When they went to their union adviser, while they were very sympathetic, the union adviser said that a case could not be taken on the grounds of caste because it was not in the law. Will the Minister suggest on what grounds that person should therefore go to law if there is no law at the moment which applies to a person’s being discriminated against?

[Baroness Stowell of Beeston]

Without the full facts of the case, I am afraid that it is not possible for me to respond to an individual case in that way. The best I can do is, as I have indicated, to say that I am very happy to have a meeting to discuss matters further outside the Committee. However, I know that it is important that we now draw the debate today to a close.

Equal Marriage Consultation

Debate between Baroness Stowell of Beeston and Lord Bishop of Oxford

Tuesday 11th December 2012 Lords Chamber

[Lord Harries of Pentregarth]

Is the Minister aware that, notwithstanding the official position of the Church of England on this, a good number of its members warmly welcome the Government’s position on this? Is she aware that privately, a fair number of individual bishops in the Church of England also support it, but are not able to say so publicly at the moment because of the political situation in which the Church of England now finds itself?

[Baroness Stowell of Beeston]

I am grateful to the noble and right reverend Lord for making those points. I obviously note them, but I leave it to the church to comment on its own position on this matter.