European Union (Withdrawal) Bill

Debate between Lord Goldsmith and Lord Dykes

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

[Lord Dykes (CB)]

I follow the remarks of the noble Lord, Lord Cashman, and intervene briefly to thank the noble Lord, Lord Low, for Amendment 83A and the noble and learned Lord, Lord Wallace, for Amendment 83E, and both of them together for what they have said. I agree entirely with their remarks and thank the noble Lord, Lord Low, for his characteristically forensic analytical ability to go through all the points, with which I strongly agree, and the noble and learned Lord, Lord Wallace of Tankerness, for his remarks. This is an important matter, and, as the only speaker who is not a signatory to the amendments, I think it would be right if the Government gave a comprehensive answer. People are worried about the future of equalities legislation in this country. On the reference of the noble Lord, Lord Cashman, to the possibilities, there may be a case for primary legislation in future—a new, comprehensive Act—but that subject is separate from this amendment and debate.

[Lord Goldsmith]

My Lords, the amendments have been moved so powerfully and comprehensively by the noble Lord, Lord Low of Dalston, supported by the noble and learned Lord, Lord Wallace of Tankerness, and my noble friends Lady Lister of Burtersett and Lord Cashman that I do not want to spend much of the House’s time commenting on them. I just want to make a few points. First, I congratulate the noble Lord, Lord Low of Dalston, on the new advisory role that he mentioned—or, perhaps even more, the Equality and Human Rights Commission for taking him in that advisory role. That will be very valuable for the commission.

Secondly, I very much support what the noble and learned Lord, Lord Wallace of Tankerness, said about the benefit of statements that Ministers have to make; that focuses their minds on what they are doing. I know from my own experience that that is a valuable example from the Human Rights Act, and I have no doubt that it will be very useful here.

Thirdly, on the point made by my noble friend Lord Cashman, we are talking not about preventing amendments being made to the level of protection, but preventing them being made through delegated legislation without considerably more care and scrutiny. That takes me to my final point. Amendment 11, which has already been referred to, moved by my noble friend Lady Hayter of Kentish Town, will be doing exactly that. It is a very important amendment that was accepted in your Lordships’ House. It will be one of the ways in which the very important continuing protection for equality may be maintained.

I support the amendment and look forward to hearing what the Minister says in opposition.