Enterprise and Regulatory Reform Bill

Debate between Lord Morris of Handsworth and Lord Ouseley

Wednesday 9th January 2013 Grand Committee

[Lord Ouseley]

My Lords, first, I congratulate the noble Baroness, Lady Campbell, on moving this amendment and on her very powerful introduction. I am sorry that the noble Lord, Lord Lester, missed that because it really represents the difference between what the victims of discrimination, whose rights are being eroded, want for a commission, and what a lawyer wants for an organisation that is a highly esteemed body, which can be looked at and admired, but is not reaching the people’s needs. That is what Section 3 and its retention represents for us who sit here opposing what is proposed in this Bill. That also helps to answer the question posed on many occasions about the notion that it would not make any difference.

We do not have any clarity about what the Government want to see the EHRC doing and how that relates to how people in our society—whether they are disabled or on the grounds of age, race, ethnicity or other characteristics—feel about a body such as this not meeting or responding to their needs, or giving any leadership or indications about how society can move forward in healing the problems that are afflicting the many people with those characteristics and who are affected by discrimination and the erosion of human rights.

We already know how far the EHRC has gone backwards in the aspirations that a lot of people had for it. That is not a criticism to suggest that it has not done good work because it clearly has, but it could have done so much more. To a large extent, I do not have any disagreement with what the noble Lord, Lord Lester, has said but I believe that Section 3 is an important aspiration. It is absolutely right to say that it is a statement of purpose and it is very broad. For me, it enables the commission to do the sort of things in a flexible way—notwithstanding the way in which it is required to be strategic—which enable people on the ground to identify with it. That is the worst part of the past four or five years of watching the way in which the predecessor bodies faded into obscurity when the new body came on stream and lost contact with people on the ground. That is where I am addressing my concerns.

I see the general duty as a statement of purpose and a mission statement. In no way do I see it as constraining the EHRC from doing what it needs to do or what it has to do, while recognising the constraints imposed upon it by government and the limitations of its resources. That is the killer constraint, which I think will determine what exactly it will do in the years ahead. No justification has been put forward for removing Section 3, other than the arguments put forward by the noble Lord, Lord Lester.

The loss of the notion of promoting good relations is very serious. I see promoting good relations as a common thread of connectivity across the diverse protected characteristics. It underpins the fundamental requirement of a body such as the EHRC to promote better knowledge and understanding of equality and human rights issues, to counter myths and prejudices with facts and to encourage good community relations across the diverse competing interests, which is quite considerable.

Should the EHRC have no role whatever in challenging policies, proposals and activities that damage community relations? Should it never challenge the Government? Clearly the Government would like an EHRC that never challenged their policies and activities. However, if the commission is not able to challenge, who will do that? This is the politics of madness at a time when tensions are rising, conflicts are on the increase, austerity is feeding prejudices, frustrations and anxieties, and blame and scapegoating are dominant features of everyday culture. Who is seeking to counter any of this? Should the EHRC not take on some of this activity? If not, why not?

The general duty is a binding and unifying concept that intertwines equality and human rights. It guards the fundamental role of the EHRC. The reason for the removal in Clause 56 of Section 3 is to weaken further the EHRC and heighten its impotence in the eyes of many people who need an effective EHRC to champion their rights and assist them in building good relations, tackling inequality and promoting human rights.

[Lord Morris of Handsworth]

My Lords, one of the disadvantages of being around as long as I have is that you observe the tide flowing in and flowing out—ebbing and flowing. I have followed the equality debate, participated in it and in some instances been a victim of it over many years. Tides such as progress in equality need to be measured. The section that we are debating is as good a measurement as one could get. The progress that we seek will be advanced by the amendment moved by the noble Baroness. She advocates that the retention of Section 3 is an absolute requirement. The question is not just for those outside the debate but for those who are part of it.

Section 3 is the quality control mechanism by which the Act can be judged from time to time. However, it has a much wider purpose. It can be the section by which the Government’s commitment, activity and purpose in this field are judged. The proposal to repeal Section 3 is equivalent to the referee blowing the final whistle before the match has ended. It should not be the case, when debate is still going on and before it is concluded, that the key mechanism by which we can measure progress and draw some conclusions is under threat. That is why it is important that, whatever emerges in legislative terms from the Bill, Section 3 is retained. The message that its removal would send would downgrade all the other aspirations of the Bill.

Many pioneering people have made valuable contributions. However, as we have heard in the debate and read in the press, we have not abolished discrimination on grounds of race, gender, disability or otherwise. There is still a job to be done. I do not believe that at this point removing the general duty would enhance confidence in the Government’s commitment to the whole issue of discrimination. The job is not done. There is much more to do. In the best tradition of the way in which your Lordships’ House is able to engage all strands of opinion, I believe that on this issue the Government should take note and retain Section 3. It is not just a question of how others would be measured; it is a question of how the Government would be measured and judged. I support the amendment.