Enterprise and Regulatory Reform Bill

Baroness Howe of Idlicote Excerpts

Wednesday 9th January 2013 Grand Committee

[Lord Lester of Herne Hill]

My difficulty is that I cannot see what is added in Section 3 to what is mentioned in the other sections. Can it be explained why stating general aspirations of the kind that one finds in international conventions on human rights adds anything to the work of the commission? I am talking not about perception but reality; I realise that perception matters but in reality the Committee should face the fact that nothing in this Bill is taking away any of the commission’s functions. The commission itself has rightly said that it does not regard the removal of Section 3 as damaging to its work.

[Baroness Howe of Idlicote]

My Lords, it is very seldom indeed that I disagree with my noble friend Lord Lester. I call him my noble friend because he has been a friend for so many years. However, on this occasion I must disagree with him, and my reason for that goes right back to the Equal Pay Act and the Sex Discrimination Act 1975. How long ago was that? It is a considerable number of years. Are we entirely happy with how equal opportunities have proceeded? Has it all been achieved? I would certainly argue not yet. There is a heck of a lot to catch up on and to have accepted.

That is exactly why I recommend very strongly the amendment that has been moved, and spoken to so brilliantly by the noble Baroness, Lady Campbell, and others. The noble Lord, Lord Lester, may well say that it is all written out there, but there is a section that can help the commission to talk to the different groups, get them together, and take them through the processes that might make their advancement as individual groups or as part of the community much more acceptable. That is a strong reason why we should retain this section. I will spend no more time than that on it but I feel very strongly that we need to retain this section.

[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.