(11 years, 8 months ago)
Lords ChamberI was trying to say—and perhaps my voice was not particularly helping—that it was more that we had made a declaratory statement in the earlier amendment and I felt that it would be a negative declaratory statement if we were not to pass this amendment because of the message that it would send, not just to the 400,000 Dalits in this country but to those living in India.
I am most grateful. Contrary to the impression that I might create, I am not simply a cold-hearted lawyer: I value symbols very much indeed.
I finish with this about education and legislation. It is almost 50 years since, in 1967, in its first annual report, the Race Relations Board summarised the role of legislation in this way: First:
“A law is an unequivocal declaration of public policy”.
Secondly:
“A law gives support to those who do not wish to discriminate, but who feel compelled to do so by social pressure”.
Thirdly:
“A law gives protection and redress to minority groups”.
Fourthly:
“A law thus provides for the peaceful and orderly adjustment of grievances and the release of tensions” ,
and fifthly:
“A law reduces prejudice by discouraging the behavior in which prejudice finds expression”.
Gandhiji is no longer alive, but I have no doubt that his spirit would guide us in a vote if it is decided to divide the House.
(12 years, 11 months ago)
Lords ChamberI agree. I am seeking, using the Church of England opinion as a short way of doing so, to refer to the actual provisions in the Act to show that they are quite clear and have no application to anything that could give rise to a possible legal challenge.
I am grateful to the noble and learned Lord. I want to revert to the point that the noble Lord, Lord Elton, just made. The phrase “for the avoidance of doubt” has been thrown around a lot during the course of the proceedings today. It seems there is a lot of common ground in your Lordships’ House on trying to find a sensible way forward. The noble and learned Lord, Lord Mackay of Clashfern, suggested earlier that, if vexatious litigation were to be brought forward in the future, then an amendment to the Equality Act should be brought to your Lordships’ House and enacted. Would the noble and learned Lord commit himself to supporting such an approach if vexatious litigation were to emerge as a result of the decision today, unlikely—I agree with him—though that is?
I should say that I am not a learned Lord. Whether I am a noble Lord is another matter.