Enterprise and Regulatory Reform Bill

Baroness Turner of Camden Excerpts

Monday 4th March 2013 Lords Chamber

[Baroness Turner of Camden]

My Lords, in Committee I put down an amendment to this part of the Bill. I was overwhelmed by and supportive of the noble Baroness, Lady Campbell, who made a most eloquent plea in support of the case then. I hoped that because of the support that she had, the Government would have reconsidered their position and accepted what everybody was pressing for, and what a number of us will, I am sure, press for this afternoon.

The Bill seeks to do away with Section 3 of the Equality Act, which sets out the guidance, principles and values that define the commission. It attracted all-party support in Parliament when the legislation was first debated. They are very important in terms of both perception and symbolism, as a number of speakers have already pointed out. With such pressure on the Government to change their position on this Bill, I hope that they will tell us this afternoon that they have decided to do so. It is not only the law that is important but the culture in which we all operate, and the commission plays a very large role in changing that culture.

We all want to live in an equal and dignified society, which is what Section 3 envisages. I hope that the Government have changed their mind since Committee and will now agree to support what the noble Baroness and her supporters so eloquently expressed this afternoon.

[Baroness Brinton]

My Lords, I, too, support the sentiments and comments made by all noble Lords who have spoken. I will add one further point. The distinction between compliance and a general duty implies that there is no need for anything until the point of compliance. However, many issues that relate to people with protected characteristics are often cultural, and may not get to a point where compliance is necessary straightaway. It would be much better for that culture—for example, the treatment of adults with learning disabilities, perhaps in one or two homes before it starts to gather momentum—if there were a general duty on the sector, and if the commission could go in, offer support and start to change the culture before a crisis develops that requires compliance. I echo the sentiments of others who have spoken before, and very much hope that the Government will reconsider the deletion of Section 3.

--- Later in debate ---

[Baroness Turner of Camden]

My Lords, I have no desire to add to the two very detailed contributions that have just been made to this debate. However, I fully support the amendment. I am opposed to the abolition of the questionnaire procedure. I cannot understand why the Government are proceeding down this path. As has already been indicated, the questionnaire procedure saves money by deterring ill founded litigation. Most of the consultees, including the British Chambers of Commerce, were opposed to it while surveys have shown that none of the businesses questioned raised concerns about the questionnaire procedure. Quite honestly, there is no evidence at all that the questionnaire procedure is a burden on business. As far as the trade union movement is concerned, the TUC is totally opposed to the abolition of the questionnaire. I hope that the Government, having listened to the two previous noble Lords, will agree that this is not the path to go down and will not proceed with the abolition.

[Baroness Thornton]

My Lords, I was very happy to put my name to this amendment from the noble Lord, Lord Lester. He spoke with great passion and authority about this issue at Second Reading and has done so again to explain why this amendment is so important. In terms of practical equalities on an everyday basis, this is probably the most important amendment we are going to discuss today because it is about how ordinary people can start to challenge whether they have been discriminated against.

As the noble Lord, Lord Lester, and my noble friend Lady Turner have just said, there is no evidence that this procedure is being used as a fishing exercise. Case law makes clear that businesses and other respondents are not required to answer questions which are disproportionate and that a poor response would not automatically lead to a finding of discrimination. Indeed, the Government’s impact assessment fails to provide any empirical support for removing this so-called regulatory burden on businesses. The questionnaire procedure facilitates access to justice. It helps both parties to assess where a claim lies and enables them to reach an early settlement where appropriate. It is therefore crucial that the Government should not repeal Section 138 of the Equality Act 2010.