Equality and Diversity (Reform) Bill

David Nuttall Excerpts

Friday 21st October 2011 Commons Chamber

[Philip Davies]

I think that I was given the position on merit, and I certainly was not given the job because I am a man. I do not think that I was given it because I am white. I would like to think that I was given the position on merit. Most Members know my views on political correctness.

[Mr David Nuttall (Bury North) (Con)]

As my hon. Friend will be aware, many new Members may not know those views, so perhaps he would like to enlighten them.

[Philip Davies]

It is unlike my hon. Friend to be so off the ball as not to know my views on political correctness, but for his benefit, I make it perfectly clear that I abhor all forms of political correctness, the restriction of free speech, and the way in which we try to rig jobs to get a particular outcome. I believe in merit, and that merit alone is the best form of action. Political correctness annoys the vast majority of the public, but it is not only the silly things. People concentrate on them, but it is the sinister side of political correctness that I do not like, including the erosion of free speech and people being made to feel that they are some kind of bigot or are xenophobic simply because they express opinions that other people do not hold. That is why it is time for the silent majority to stop being silent and stand up against the scourge of political correctness.

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[Philip Davies]

The hon. Gentleman makes an extremely good point. I will deal with it later. One of the things that my Bill tries to repeal is the legislation providing for all-women shortlists. Perhaps the hon. Gentleman might like to ask himself the same question when it comes to the number of women MPs—how many of those people put themselves forward to become MPs, against the number who are selected. He may find the answer to his own question in that conundrum.

Apart from those whom one would expect to oppose equality and diversity measures, there are many others whom those who push political correctness would rather sweep under the carpet, as their views are inconvenient to the argument.

[Mr Nuttall]

On a couple of occasions my hon. Friend has referred to political correctness. Will he provide the House with a definition of the term?

[Philip Davies]

My hon. Friend makes a good point. Political correctness is one of those things that is very difficult to define, but people know it when they see it. I will have a go for my hon. Friend. I would say that political correctness is the promotion of positive discrimination and the restriction of free speech carried out in the name of minorities, but usually initiated by white male middle-class lentil-eating sandal-wearing Guardian-reading do-gooders with too much time on their hands and a misguided guilt complex. My hon. Friend may have a better definition and I am happy for him to offer one. That is my initial stab at a definition of political correctness.

[Mr Nuttall]

Is it true to say, then, that the political correctness agenda is not set by those whom the white middle-class males seek to “protect”?

[Philip Davies]

That is my experience. Most of these measures are not perpetrated by the people whom they are supposed to help. On many occasions the people in whose name it is supposedly done are the ones who feel most patronised by it and find it most unhelpful. I encourage my hon. Friend to go to the website www.capc.co.uk which gives some examples. There is a section there called “Not In My Name” where many people say how unhelpful such measures are for those in their situation, whether they are people who are gay, women, disabled or from an ethnic minority. There are countless such examples.

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[Philip Davies]

That is a separate issue, but the hon. Gentleman has made his point.

The point my hon. Friend the Member for Bury North (Mr Nuttall) made about how the people political correctness is supposed to benefit do not actually feel the benefit has also been made by Anjana Ahuja. Writing in The Times, she explains how her opinion was once sought by the newspaper’s executives on how to attract non-white writers. The paper planned to offer internships to ethnic minority candidates who had graduated in media studies. She says:

“It was well intentioned but misguided, I ventured, because I knew of no colleague whose passport to these venerable corridors had been secured by such questionable means. There were historians, linguists, lawyers, classicists, philosophers, biologists, physicists, even an Egyptologist—but no media studies graduates. My view was this: if a brown writer sails in on an easier ticket than a white wordsmith, The Times would be construed as patronising rather than progressive and the intern would struggle against whispers of lowered standards…which is why, in the miserable tale of Ali Dizaei, the Scotland Yard commander convicted of corruption, the fact that sticks out most is the continued, seemingly pointless and possibly harmful existence of the National Black Police Association. Substitute ‘black’ with ‘white’ and an outdated collective becomes an illegal organisation that is morally impossible to defend. Why partition members of the same profession along the lines of skin colour? I would not join an organisation for black journalists (or female ones) because its identity lies wholly in the exclusion of white hacks (or male ones).”

Batook Pandya, director of Bristol-based charity Support Against Racist Incidents, has said of a positive action scheme that meant that fire service open days were limited to ethnic minority recruits only:

“None of these open days should have been closed to white communities. I couldn’t give two hoots if they are white, black, Asian, male or female—they should simply be the best person for the job.”

Roshan Doug, writing in the Birmingham Post, has stated:

“I don’t want people promoted purely on the basis of the colour of their skin—call it ‘positive discrimination’ or something else. To me that’s rather patronising—as if Asians and blacks are a little more than token staff to appease the CRE… I would like to see the best men and women for the job.”

I believe that people are appalled, and rightly so, when they hear that a white person has been turned down for a job because of the colour of their skin. The same people would be appalled if anyone, whatever their ethnicity, was turned down for a job simply because of the colour of their skin. When that happens, it inevitably leads some people wrongly to conclude that the benefiting group in question has asked for this special treatment. As I made clear earlier, that is not the case at all. Some politically correct do-gooder has tried to do the right thing or, as is increasingly the case and perhaps more worryingly, someone is trying to comply with equality law.

Speaking for the Liberal democrats on the Second Reading of the Equality Bill, the hon. Member for Hornsey and Wood Green (Lynne Featherstone), now the Minister for Equalities, said:

“I turn to positive action. It seems completely illogical that we should be allowed to fast-track the training of ethnic minority and women police, but not be allowed to fast-track their employment. The rebalancing of the workplace is hugely important, and I do not disagree with the Leader of the House’s vision of the bank boardrooms of the future. When both the genders make a decision, it is likely to be more balanced.”—[Official Report, 11 May 2009; Vol. 492, c. 581.]

That is just the sort of thing that winds people up. If people want real equality, it must be just that, not some groups being more equal than others. What has a young, white male ever done to deserve being turned away from a dream career in the police force simply because he is the wrong colour and the wrong gender?

[Mr Nuttall]

That is a very important point, because it seems to me that, where positive discrimination is being exercised, young, white males are today paying a price for the fact that their forefathers were not subject to those measures in years gone by. Why should that be so?

[Philip Davies]

My hon. Friend makes a very good point. Perhaps we also ought to reflect on the fact that in many parts of the country the people who are finding it most difficult to get a job are young, white males from very poor and deprived backgrounds. They are among those who are finding it hardest to find employment. It must be a double kick in the teeth for them to find that they are denied the opportunity to attend a fire service open day simply because they happen to be white. I really do not know why on earth should have a Government who are prepared to sit and tolerate that kind of thing.

[Mr Nuttall]

Does my hon. Friend think that those feelings may have played a part in the riots that took place this summer?

[Philip Davies]

I am not sure about that, to be honest, because it is very difficult to know. As far as I am concerned, the riots were largely born out of opportunism and criminality. I would not like to provide any kind of excuse for the behaviour we saw, but I do not doubt that many people feel a resentment and frustration that would otherwise not exist. I do not know whether the riots had anything to do with it, but I certainly think that the worrying increase in support for the British National party in recent years was born out of such frustration. It is no good Members complaining about the rise of such wholly unacceptable parties and then pursuing policies that are meat and drink to those parties. If we are to stop people voting for the BNP, we must remove the frustrations that led them to do so in the first place.

The cost of all these equality and diversity plans, action points, schemes and training courses is immeasurable, but one thing we can be sure about is that they cost an awful lot of money. I would always oppose such needless expenditure, but at a time when people are losing their jobs, having to tighten their belts massively and fearing what the future holds, it is even more inconceivable that so much money is thrown down the drain each year in the public sector on the equality and diversity agenda. The Government Equalities Office spent a whopping £62 million in the year to March 2011, and other Government Departments have their own equality budgets on top of that. That is before we get on to local police forces, hospitals, fire brigades and schools, which all have to spend their money on equality and diversity measures, taking it away from front-line services.

To give one example, the North East Ambulance Service NHS Trust is looking for an equality and diversity manager, with a salary of between £30,460 and £40,157 pro rata. The job description is “to act as a lead within the trust on the implementation of our equality strategy and action plan. The successful applicant will have a key role in developing the trust’s approach to the new NHS equality and delivery system.” Who in their right mind could think that an equality and diversity manager in an NHS ambulance service is a priority at this time, compared with a nurse or another ambulance driver? When someone dials 999, they want an ambulance, not an equality and diversity officer. What on earth is there to consider for the ambulance service? Surely if someone is injured they are looked after irrespective of their gender and race. It is all a load of nonsense.

There is another such vacancy, at the University of Greenwich, which is selecting someone to be its Equality and Diversity Champion, salary approximately £40,000—well, at least students now know where their tuition fees are going. The job description states:

“You will be responsible for promoting an integrated approach to equality and diversity issues across the university, and provide Schools and Offices with a point of expert reference and guidance on equality and diversity issues. You will work with other university offices to continue to improve our performance as an employer and further develop disability access for staff. You will be an experienced equality professional with an ability to develop and implement policy.”

[Mr Nuttall]

Would my hon. Friend like to venture how anybody could become qualified as an “experienced equality professional”? It rather suggests that there must be a whole career path for equality officers.

[Philip Davies]

My hon. Friend is right, and that is part of the problem we now face, because the equality and diversity industry—that is what it now is: an industry—is incredibly powerful. There is now a huge lobby, and so many people’s jobs depend on the industry, that it is difficult to tackle, because as soon as anybody tries to argue against the point of such things, those people descend on them. My hon. Friend may well find that, and I am sure I will at some point.

Those people descend on others like a ton of bricks, because, although they believe in equality and diversity, they do not believe in the equality or diversity of other people’s opinions; everyone has to agree with them on being against such things; otherwise, they are not entitled to that opinion at all. It always amazes me how such people, who always preach tolerance and diversity, are so intolerant of other people when they have an opinion that differs from theirs.

I prefer the person who drafted the advert for the Royal Liverpool and Broadgreen University NHS Trust, who at the end of it wrote:

“Usual rubbish about equality, equal opportunities employer etc.”

That just about sums it up perfectly.

[Mr Nuttall]

I appreciate that my hon. Friend, for reasons that I know not, opposed last week’s motion to allow electronic hand-held devices in the Chamber, but one great advantage of now being allowed such devices is that I was able immediately to follow his advice, go to www.capc.co.uk and access the website of the Campaign Against Political Correctness. On it, there can be found the “Not in my name” section, where Bolaji Alajija, a 42-year-old student nurse from north London, says:

“I don’t see why there is all the fuss. What’s the harm in having a black doll? It’s exactly the same as a white doll. People shouldn’t be so sensitive.”

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I remind Members that, although they are allowed to use iPads, they have to make a speech without continuously reading from them. I am sure Mr Nuttall will take that on board.

[Philip Davies]

I am very grateful for your guidance, Mr Deputy Speaker, particularly as someone who voted against allowing these wretched things to be used in debates. If anyone was ever going to convince me that I made the wrong decision in that vote, however, it is my hon. Friend, who has gone to an excellent website, and I certainly commend him for doing so.

The second part of my Bill tackles the Sex Discrimination (Election Candidates) Act 2002. I was not a Member when the Sex Discrimination (Election Candidates) Bill was debated, but it will come as no surprise to you, Mr Deputy Speaker, to know that had I been I would have definitely opposed it. I have a great deal of time for many of my female Conservative colleagues, we have some extremely able MPs and, for the record, I have excellent female staff. Indeed, I would go so far as to say that the greatest Prime Minister this country has ever had was, indeed, a woman, but I do not particularly care if the House is made up of 10% women or 90%. For me, that will never be an issue, so the fundamental premise of the 2002 Act will always be totally flawed.

The most important thing for me is not how many men or women are in Parliament, but how many Conservatives there are in Parliament, and I challenge anybody who is obsessed with the idea that the most important end in itself is that we have more women in Parliament. If, for example, a Conservative male fought a marginal seat against a Labour female, would any of my hon. Friends campaign for her on the basis that it was so important to get more women into Parliament, or would they campaign for him? I venture that they would campaign for him, because I am sure that for all Government Members, apart from of course the Liberal Democrats, it is far more important to have more Conservatives in Parliament than to be worried about how many MPs there are of a particular gender.

During the Bill’s Second Reading on 24 October 2001, almost 10 years ago to the day, my right hon. Friend the Member for Maidenhead (Mrs May), now the Home Secretary, said:

“I shall be honest with the House. There was a time when I never thought that I would stand up in the Chamber and support such a Bill.”—[Official Report, 24 October 2001; Vol. 373, c. 334.]

I wish she had stuck to her earlier opinion, as it would have been the more Conservative thing to do.

While my right hon. Friend supported the Bill, the former Member for Maidstone and the Weald, Ann Widdecombe, did not. In the debate, she said:

“The Bill is fundamentally wrong. I must ask this question; are all the men in this place sound asleep? Do they realise what the Bill means for them? Have they thought that positive discrimination for women can entail negative discrimination for men?”

The irony is that, as those in the House at the time were already Members, they did not need to worry about candidates, so the Bill was effectively about kicking away the ladder of opportunity from men who had not yet reached the House. I wonder how those Members would have felt if they had been told, “Sorry, I know you would make an excellent MP, but we’re going to stop you applying for the seat that you’ve lived in all your life, because you happen to be a man.” How would any men present today have felt if such a rule had applied to them?

Ann Widdecombe also hit the nail on the head, when during the debate she asked:

“What would that mean for a man in that constituency who had given to his local council the same lifelong service that the hon. Member for Sheffield, Hillsborough (Helen Jackson)—

at the time—

gave to hers”?

[Mr Nuttall]

I had the honour of standing against the then Member for Sheffield, Hillsborough in 1997. Does my hon. Friend agree that she was able to succeed in a northern, working-class city without any positive discrimination whatever?

[Philip Davies]

Absolutely. My hon. Friend is entirely right. People such as Helen Jackson made their way to Parliament on merit alone, and they should be commended for that. I am sure that they would not have wanted it any other way.

Ann Widdecombe went on to say:

“Let us say that the man had worked there and escaped from there, and that he wanted to apply for the seat when it fell vacant. He would not be able to represent the constituency if all-women shortlists were in operation.

“That would be the reality for men under this pernicious Bill, yet hon. Gentlemen welcome it as a great step forward. It is a massive step towards inequality for men, and the poor souls just let the women walk all over them. They do not appear to care what will happen to them.”

And Miss Widdecombe also said:

“I can tell the hon. Gentleman that when I entered a constituency selection committee and saw that most of the people there were women, my heart used to sink. We should not get the idea that discrimination against women is performed solely by men. It is not… If I had been in a selection committee anteroom with two men who had got there by beating off all the competition yet I was only there because a place had been reserved for a woman on the shortlist, I would not feel helped. I would feel humiliated, insulted and patronised. I am glad to say that my party never did that to me. —[Official Report, 24 October 2001; Vol. 373, c. 352-53.]

The fact of fewer women MPs is always blamed on discrimination, but in reality—certainly in the Conservative party—at the time of the Bill’s discussion roughly the same proportion of women who applied for seats were selected. The lack of women MPs is, therefore, much more to do with the fact that they do not put themselves forward.

As India Knight put it so well:

“I’ll tell you what the issue is with women in business or women and work”—

and this deals with the point that the hon. Member for Caerphilly (Mr David) made earlier—

“It is extremely simple. It is not to do with sexist dinosaur male bosses or with male-dominated industries crushing our genius. It is not to do with glass ceilings. It is to do, very straightforwardly, with the number of hours we are prepared to put in. If you’re happy to work a 16-hour day and never see your children, you too can become a master of the universe…. Few women are prepared to make that kind of sacrifice. This is entirely their right and good on them. However, it is surely both dishonest and intensely stupid to apportion blame—in the form of so-called corporate discrimination—to what is essentially a completely personal choice: power versus being there at bath time, conferences versus the park, business trips versus getting home in time for homework, giving ‘110%’ versus sleeping more than five hours a night.”

The words of India Knight address the point made by the shadow Minister.

The 2002 Act was supposed to be temporary, and apparently was supported on that basis. I do not know many “temporary” things that have run for more than a decade. As things stand, the Act has a further two decades to go, it having been granted a massive “temporary” extension in the recent Equality Act.

Some people will say that we need more women MPs so that we can be more representative and so that women’s issues can be addressed better. That is utter rubbish. It is ridiculous to suggest that women are more likely to be better represented by women and that men are better represented by men. I am very proud of the fact that I represent all my constituents—men or women—equally and to the best of my ability. I suspect—although I do not know for sure—that just as many women voted for me at the general election in Shipley as did men.

[Mr Nuttall]

Can my hon. Friend confirm that he also represents constituents of all races equally, despite being a white man himself?

[Philip Davies]

My hon. Friend is absolutely right, and that applies to all hon. Members. We treat all of our constituents equally and we represent all of them to the best of our ability, irrespective.

It is interesting that we keep hearing about “women’s issues” as this seems rather sexist and patronising. What are “women’s issues”? Many issues that are tagged as so-called women’s issues are also important to men. I have often heard that education is a women’s issue, but I would have thought that education was a family issue and was of just as much interest to men and fathers as to women and mothers.

I venture that the issues that a Conservative woman is concerned about are more closely aligned with the issues that a Conservative man is concerned about than they are with the issues that concern a Labour woman. The idea that certain issues are women’s issues is patronising and wrong.

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[Mr Denis MacShane (Rotherham) (Lab)]

I have been following the speech by the hon. Member for Shipley (Philip Davies) very closely and taking a considerable number of notes. Unfortunately, I had to deal with something in my office but, alas, I could repeat almost word for word what he has said; however, I will not.

In my 17 years in the Commons, this is the most reactionary, right-wing, regressive Bill ever put to this House in a serious speech. The hon. Gentleman will probably take that as a compliment. However, there is something more profoundly serious at stake, because he represents a growing view within his party that the minor progress that we have made on equality in recent years has gone too far and should be reversed. The whole history of British legislation is precisely to use the power of Government and state to redress imbalances and unfairnesses, first, between those who did and did not have the vote—between the aristocracy and the non-noblemen in our communities—and, over time, through other positive action to ensure that there was full equality for all.

Some of the hon. Gentleman’s proposals are ridiculous. He suggests that there can be no “affirmative or positive action” in order to help people depending on their “sex”—I think he means gender. Presumably, that would outlaw the recruitment of women into convents because they were nuns and not men, or perhaps rugby players should now be hired not on the basis that they are trained, fit, male athletes, but that they are women.

The very first pamphlet I ever wrote as a political activist—

[Mr Nuttall]

Will the right hon. Gentleman give way?

[Mr MacShane]

May I just make my points, and then I will give way? I do not mean to be discourteous, but I want to be brief because I am conscious that other people want to speak on other issues.

The very first political pamphlet I wrote in 1978 was an appeal to the BBC and other media organisations to hire journalists who were not white—at the time, we would say they were from the Asian or Afro-Caribbean community—because there was not a single byline reporter or presenter of that description on TV, despite the fact that by then we had hundreds of thousands, if not more, among our fellow British citizens and journalists I worked with, but in subordinate roles for which they had been able to offer themselves. I am glad, 30 years later, that that is not the case. We do not have a mono-coloured BBC or ITV or bylines in all our great newspapers evidently comprising only sturdy British citizens.

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[Mr MacShane]

The hon. Gentleman is quite wrong. I did fall on my sword, in the sense that the BBC made me do so by liberating me from its employment at the time. Whether I was replaced by a journalist from the black and minority ethnic community, I do not know. The point is that we expanded journalism, and yes, we went in for positive discrimination in the sphere of broadcasting, and I am very glad about that. Certainly, when the time comes for me to leave my position as MP for Rotherham, I will be delighted if there is an all-women shortlist. The real question that the hon. Gentleman’s party has to ask is why, even with the all the people put on to the A-list, there are still so few women sitting on the Conservative Benches.

[Mr Nuttall]

rose—

[Mr MacShane]

I will take just one more intervention, because I want to make my contribution very short.

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[Mr Nuttall]

Going back to the question of rugby players, does the right hon. Gentleman not agree that women’s rugby is a very popular sport?

[Mr MacShane]

Women’s rugby and football, and other sports, are very popular. On the strict reading of the Bill, it would be illegal for Rotherham, Wasps or Harlequins not to entertain the notion of a woman rugby player, but I do not want to go too far down that road.

The notion that I find exceptionally offensive is that we make no efforts to help people with disabilities. We are facing thousands of people being fired from Remploy because of the wicked actions of the governing party. These are people who will find it incredibly difficult to get jobs elsewhere in the normal labour market. Quite rightly, in the 1940s, after the war, we honoured our war veterans by saying that those who came out of the war with particular disabilities could work in normal jobs and have the dignity of labour rather than living on handouts and the dole—but according to this wretched Bill, that, too, would be illegal.

On religion, we had an interesting discussion this week in Education questions about whether Cardinal Vaughan school in London can maintain its Catholic identity or, as some might wish, should no longer do so. I think that my many Jewish friends would find it very offensive, but oh so typical of the chauvinist, nationalist spirit that now reigns in the Conservative party, that they cannot define who comes into their schools on the basis of religion.

The whole balance of legislation, going back to the abolition of the slave trade and Lord Shaftesbury stopping children going up chimneys, was precisely to alter law to give particular protection to people who would otherwise be unfairly exploited on the grounds of their socio-economic status. I find it profoundly distressing that in October 2011 we are seriously being asked to rip up every decent parliamentary value that we and our predecessors have fought for over the years.

This is a Friday morning debate, and we all know that these Bills never go anywhere, but this Bill is symptomatic of the entire approach of the Conservative party. The Conservatives are refusing to support the International Labour Organisation convention on domestic workers because that, too, is aimed at giving a little bit of protection to people of a particular socio-economic and sex, or gender, status who are facing the most appalling exploitation in this and in other countries. Conservative Front Benchers have nothing to do with this Bill, of course, but the hon. Gentleman speaks for much of today’s Conservative party. That is why the quicker it is replaced in government by a party or parties that support the standards and best values of Britain, the better.

[Tom Brake (Carshalton and Wallington) (LD)]

I have listened carefully to what has been said in the debate, because I knew that it would be enlightening. I will make a few short points.

Of course I agree that people should secure employment and be promoted on merit. Unfortunately, often that is not enough to secure equal opportunity. Some people, such as Baroness Thatcher, may be exceptions to the rule, but very few people are exceptions to rules.

On positive action, I think it is entirely appropriate that, over a number of years, the Metropolitan police have taken measures to try to ensure that the police force in London is representative of London’s communities. I think that that makes them more effective and more acceptable to the public as a whole.

On the point about midwives, the hon. Member for Shipley (Philip Davies) needs to consider whether there is a significant number of men who apply to be midwives and are refused on the basis of their gender, or whether men simply do not apply for those positions because they prefer to apply for others.

The hon. Gentleman mentioned the Liberal Democrat party. Clearly, it is a source of some embarrassment to my party that we have failed to secure the election of any members of black and ethnic minority communities to Parliament.

[Mr Nuttall]

Will my right hon. Friend give way?

[Tom Brake]

In a minute; I will just finish my point.

It is also a source of embarrassment that the Liberal Democrat Benches do not have a more representative balance of men and women.

[Mr Nuttall]

I am most grateful to my right hon. Friend for giving way. He is making some important points. I urge him and his colleagues not to feel embarrassed if they have arrived at this place on merit. There is no reason to feel embarrassed for that.

[Tom Brake]

I thank the hon. Gentleman for that intervention. I would like to think that we have all arrived here on merit. The issue is that there are obstacles that often prevent others from arriving here on merit. He will know that, in politics, it is often helpful to have a network of people within a political party whom one knows and who are supportive. Often, women candidates or those from BME communities do not have the networks to help them progress in a political career. As he knows, there are other issues, such as financial issues. Anyone who wants to be a parliamentary candidate requires a certain amount of funding to support their political campaigning. That is not available to all.

I welcome the fact that the Liberal Democrat party has a leadership programme that aims to support women candidates and those from BME communities, to ensure that they are better prepared and better supported—financially, if necessary—so that they can compete on merit with other candidates.

[Mr Nuttall]

Would those funds be available to a young, aspiring, white, male politician from a working-class background or who is on benefits?

[Tom Brake]

I am grateful for that intervention, because the hon. Gentleman has given me the opportunity to confirm that that support is available to the sort of person he describes. That is because we recognise that people from poorer socio-economic backgrounds struggle to get elected as Members of Parliament.

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[Chris Bryant]

Indeed, many of us who represent valley seats in south Wales, such as my hon. Friend the Member for Caerphilly (Mr David), who is in his place, know the long history of people fighting for better education precisely as a means of trying to rebalance and recalibrate that inequality in society. People do not need to have seen the play or film “The Corn Is Green” to know the educational ambition that often exists in many valley constituencies or other areas in the country with very high levels of multiple deprivation. All too often, however, it does not seem that the same educational opportunity is afforded to somebody in the Rhondda as it is to somebody in Chelsea.

I see the hon. Member for Chelsea and Fulham (Greg Hands) in his place—as a Whip, he is now unable to speak, so I can tease him remorselessly. Since he dispatched his close friend the former Defence Secretary from his post specifically so that he could become a Whip, I shall now enjoy teasing his silence. My point is simply that those in Chelsea, who have much greater financial resources, can ensure that they live in a good catchment area so that their child can go to a better school, or can afford to send their child to a private school. I was very fortunate that members of my family paid for me to go to a private school, but that is not available to the vast majority of my constituents or, I suspect, to any of them. That is why ensuring that the educational system genuinely provides equality of opportunity is vital.

The most distressing thing that I have come across in my time as an MP was early on. I bumped into a girl of 17 in Tonypandy and asked her what she wanted to do when she left school. She said she wanted to be a barrister, and I said, “Brilliant, how’s all that going? What are you going to study at university?” She said, “Well, I want to be a barrister, but I’ve been told by the careers service that girls from the Rhondda don’t get to be barristers.” All too often such depression of ambition can be self-perpetuating in communities, and that is why many of us believe in an aspirational form of socialism so that everybody has a chance to prosper.

[Mr Nuttall]

Does that not actually reinforce the point made by my hon. Friend the Member for Shipley (Philip Davies) that the education system is at fault? The careers adviser should not have said that to someone who had that ambition. He should have encouraged her and provided her with the help and support she needed.

[Chris Bryant]

Absolutely—I agree with the second part of that intervention, although not with the bit where the hon. Gentleman encouraged me to agree with the hon. Member for Shipley. Incidentally, I prefer the former Member for Shipley, my hon. Friend the Member for Nottingham East (Chris Leslie), and I very much hope that he will have an opportunity to present his rather ludicrous Bill later.

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[Jacob Rees-Mogg]

I am grateful to the hon. Gentleman for his typically helpful intervention. Of course sons of peers should be represented, and they are a minority too. Perhaps as a son of a peer I should be given special help and intervention to help me to get through all the prejudice there is against sons of peers—not that I would ask for it or that I have ever noticed a particular prejudice against sons of peers. Mr Deputy Speaker, I hope that such prejudices never fall upon so distinguished a figure as yourself either.

[Mr Nuttall]

My hon. Friend may have seen the press reports today regarding possible new legislation to allow females to take hereditary titles in the House of Lords. Does he agree that this is the way forward?

[Jacob Rees-Mogg]

Well, I do not really like change as a general rule, and I would be very nervous about intervening in the line of succession to the throne. I think that the line of succession to the throne works very well and changing the Canadian constitution is a particularly difficult thing to do. With Her Majesty’s fantastically successful visit to Australia, we want everything to have a settled continuity of that succession. However, I think that the world has changed and that it may not be unreasonable to allow hereditary titles to pass through the female line, particularly if they are in danger of becoming extinct, because it would be a great sadness for titles to die out over succeeding generations with no new hereditary peerages being awarded. I must briefly declare an interest, because my mother-in-law would be able to resurrect a title if this law were to be changed.

--- Later in debate ---

[Mr David Nuttall (Bury North) (Con)]

It is always a great pleasure to follow my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), who spoke with such authority on the matter. I am a sponsor of the Bill and am obviously rising to support it.

I pay tribute to my hon. Friend the Member for Shipley (Philip Davies) for bringing us the Bill. Millions of people across the country will be saying, “Hooray” this morning because at last somebody has started to roll back the tide of political correctness. I am pleased to be joined in support for the Bill by my right hon. Friends the Members for Haltemprice and Howden (Mr Davis), for Hitchin and Harpenden (Mr Lilley) and for East Yorkshire (Mr Knight), and my hon. Friends the Members for Altrincham and Sale West (Mr Brady), for Christchurch (Mr Chope) and for Kettering (Mr Hollobone).

I want to follow up one or two of the points made by earlier speakers. The first is about racist jokes. Over the years, the nature of comedy in this country has changed, but we must not think that because we have changed it means that racist jokes were restricted only to this country. I understand that in Canada jokes were often told about the Newfoundlanders—the Newfies. No one took offence. It was part and parcel of their way of life—their culture—just as we have Irish jokes. It is not demeaning in any way.

Like the Bill’s promoter, I am a Yorkshireman and we also have jokes about Yorkshiremen. Jokes about sections of the community are common. I have often heard my right hon. Friend the Secretary of State for Foreign Affairs tell jokes about Lancashire, and, indeed, I have heard him telling jokes about people from Sheffield and Rotherham. Nobody took offence at that.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

They may not have taken offence, but as we both know, there is nothing about jokes on the face of the Bill. I know that an argument is being built, but I think we can move on from the jokes now—much as I am tempted by the mention of Yorkshire.

[Mr Nuttall]

Earlier in the debate the question was asked: can we take equality too far? Does it mean changing the nature of our society? Can we take free speech too far? In the same way, when I was young—

[Philip Davies]

You still are.

[Mr Nuttall]

Thank you. We always used to talk of lollipop ladies. Nobody ever suggested that there ought to be a recruitment drive for lollipop men and nobody thought it was demeaning in any way that there were lollipop ladies and not—as far as I was aware at that time—any lollipop men.

The Bill has only two main parts. The first two clauses relate to the prohibition of positive action by public authorities and the third clause repeals the legislation allowing for all-women shortlists, which I shall come to later. Clause 1 sets out the details of the prohibition of positive action and clause 2 contains the definition of the action that would be outlawed. Positive action, as it is often called, differs from positive discrimination in that it is actively intended to increase the representation in a work force where monitoring has shown a particular group to be under-represented in proportion to the profile of either the total work force or the local or national population.

Positive action permitted by the present anti-discrimination legislation allows a person to provide facilities to meet the special needs of people from particular groups in society in relation to their training, education or welfare and to target job training at people from certain groups that are under-represented in a particular area of work or to encourage such groups to apply for such work. That raises some interesting and difficult questions. What is the area in question that should be considered? If a business or a public authority is situated in the south of England in a predominantly ethnically white area, should they be exempt from the legislation? Well, of course they are not exempt, and it must be difficult for some public authorities in certain areas to meet the quota because it is impossible for them to decide what area they cover. Does one look at the town in question, or the county, or the country, and if so, which country? Does one look at the United Kingdom as a whole or just the make-up of England? Of course, many areas covered by the present legislation are not easy to determine.

An example is sex or gender, to which the hon. Member for Rhondda (Chris Bryant) referred. Very often, it might not be possible to know whether one has a certain number of gay or heterosexual people in one’s work force. Indeed, I would submit that the information is of absolutely no consequence or relevance whatever.

I should perhaps declare that before I entered this House, I was for many years an employer, so I know all about the rules and regulations that were imposed on my practice as a result of equality legislation. Before any of the legislation was in place, just off our own bat, I had a work force who were 95% female, so in fact, in my work force, men were not equally represented. No one suggested to me that when I came to employ another secretary, legal assistant or solicitor, I should start to select men; I always selected the best person for the job.

[Chris Bryant]

Whether a large proportion of the people the hon. Gentleman employed were men or women is neither here nor there. If, in putting together his pension package, he made provision for people to inherit only the pension of a spouse, rather than the pension of a civil partner or a person of the same gender, he would have been advancing a prejudice.

[Mr Nuttall]

The hon. Gentleman makes an interesting point. I believe that it should be up to the pension-holder to determine to whom their pension should go; it should not be anyone else’s decision. No question of prejudice should arise, as it should be up to the individual to determine. I do not see that there is anything wrong with that. It is perfectly all right, and it does not need any legislation to allow that to happen.

[Chris Bryant]

But it has needed legislation to make sure that the vast majority of company pensions operate in that way. Of course the hon. Gentleman is right to say that it should be for the individual to decide to whom their pension goes, but in the vast majority of cases, the old assumption was that it went only to a spouse, and not to anyone else. It required legislation to change that.

[Mr Nuttall]

That is a slightly different point. The hon. Gentleman’s point about pensions could easily have been dealt with by the individuals concerned dealing with the trustees of the pension scheme, and explaining to them that they wanted to change the rules of the scheme to allow their pension to go to a certain other individual. Of course, very often, there was no one forcing people to join the pension scheme; if they chose to join it, so be it. We now have a free market in pension schemes, so in the situation that the hon. Gentleman describes, there would have been a gap in the market and, in a free market, someone would have sprung up to provide pensions for people in exactly that position.

[Chris Bryant]

They did not.

[Mr Nuttall]

It could have happened.

My previous comments related to positive action. Positive discrimination, affirmative action or discrimination generally means choosing someone solely on the grounds of their gender or racial group, or for any other factor, and not for their ability. We are now at the crux of the matter. I believe that, by definition, as soon as one positively discriminates in respect of any given group in society, one is automatically discriminating against another group. That cannot be right. The Bill makes a good start in tackling the problem, but it is just the first step on the long road to ridding this country of the culture of political correctness and dismantling the whole industry of diversity and equality.

There could be no better time, given the economic situation, for that to gather pace. I know from my experience as a practising solicitor that many small and medium-sized enterprises struggle under the burden of the legislation. We are not there yet—there is a long way to go—but if we could begin to remove the legislation that applies to public authorities, that would be a step in the right direction. All our public services are looking for savings but, because of the way in which the law is framed, the one area in which they are not allowed to look for them is diversity and equality legislation. They have to keep their army of officers to comply with the law and the tick-box legislation.

Under the Disability Discrimination Acts, positive discrimination in favour of disabled people is not unlawful, and if disabled people meet the minimum criteria for a job, they are guaranteed an interview. The only other exemption relates to the Sex Discrimination (Election Candidates) Act 2002, which the Bill seeks to abolish. The Equality Act 2010 includes a provision giving employers the option, when faced with two or more candidates of equal merit, of choosing one from a group that is under-represented in the work force. There is a whole Government Department—the Government Equalities Office—that exists solely for the purpose of issuing and enforcing guidance, red tape and regulations on that legislation. It has published guidance for employers on how to make those changes and use them in everyday life. The provisions on positive action in recruitment are, I am pleased to say, entirely voluntary but, as we all know, the public sector has seized on them with great glee. There is no requirement for an employer to use either the general provisions or those relating to recruitment and promotion.

Positive action in that regard will be used in cases in which an employer reasonably thinks that people with a protected characteristic are under-represented in the work force or suffer a disadvantage connected to that protected characteristic. As my hon. Friend the Member for Shipley made clear, the problem is where we draw the line. Why not, for example, protect and give help to those who are particularly tall?

[Jacob Rees-Mogg]

What an excellent idea—there should be special benefits for everyone over 6 feet.

[Mr Nuttall]

I am pleased that my hon. Friend is interested in this matter. If someone, for the sake of argument, is 7 feet tall—there are people of that stature in society—an employer might secretly think that they had better not take on such an employee, because they might complain about the size of the company’s doorways and it would have to spend a fortune going round the building and enlarging all the doors. One can easily see how an argument could be made for heightist, stoutist or shortist legislation to be introduced—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure doors matter to people who are over 2 metres—usually it is 6 feet 6 inches—but I cannot see the connection between the Bill and where we are being led, so I am sure the hon. Gentleman would like to bring us back now to the Bill.

[Mr Nuttall]

I will indeed, Mr Deputy Speaker. The point I make is where do we draw the line? I will leave—

[Mr Deputy Speaker]

Order. To help the hon. Gentleman, I have drawn the line at doors.

[Mr Nuttall]

I entirely accept that, Mr Deputy Speaker, and I will leave that point there.

The new positive action provisions make it clear that employers must not adopt policies or practices designed routinely to favour candidates with a certain protected characteristic of whatever nature, even where there is evidence of under-representation or disadvantage. All suitably qualified candidates must be considered on their individual merits for the post in question. Current positive action provisions in employment relate only to training or encouragement—for example, mentoring schemes for ethnic minority staff where they are under-represented in senior roles, or open days to encourage women applicants in male-dominated sectors. This merely serves to upset and discriminate against all those who are not allowed to take part in such training. Why should they not receive the same training just because of their racial background, sex or particular individual characteristics?

The Sex Discrimination (Election Candidates) Act 2002 was originally presented on 17 October 2001. The key objective of the Act was to enable a political party, should it wish to do so, to adopt measures that regulate the selection of candidates for certain elections in order to reduce inequality in the numbers of men and women as candidates in that party. In south Yorkshire in the 1980s I was regularly involved in the selection of parliamentary candidates. Of, say, 50 applications that we would typically receive for a seat, there would be on average 45 from men, three from women and two from ethnic minority candidates. It follows, therefore, that with 90% of the applications being from white males, very often a male was selected, but we were selecting purely on merit.

There were many examples, and there continue to be many examples in the Conservative party, of women who have succeeded on their merits. I know from Mrs Nuttall that she feels extremely patronised whenever there is any talk of special treatment being given to women.

[Chris Bryant]

By you?

[Mr Nuttall]

Mrs Nuttall does not mind special treatment of her from me—I think she expects it—but as a general rule that reflects the view of many women. If they are given special treatment, they feel that they are being patronised and that they can make it on their own merit without it. That applies equally to those from ethnic minority backgrounds. Many Members of this House have made it on their own strength without special treatment.

[Mr Alan Campbell (Tynemouth) (Lab)]

I am listening carefully to the hon. Gentleman. Given the changes that his leader has instituted in his party, is he saying that there are Members on the Conservative Benches—women or members of ethnic minorities—who have not got here purely on merit?

[Mr Nuttall]

I am not saying that at all. There is a risk that others might regard the winner from an all-women shortlist as not having succeeded against the whole field of candidates, which is self-evidently true.

[Mr Campbell]

Is that the hon. Gentleman’s view? If so, would he care to name any of them?

[Mr Nuttall]

As far as I am concerned, all Members on the Government side of the House have got here on merit, but there are plenty of Members who succeeded in their applications as a direct result of the all-women shortlists that the Labour party introduced.

[Mr Campbell]

Is the hon. Gentleman saying that the changes instituted by his leader to try to make his party more representative have been a waste of time?

[Mr Nuttall]

I believe that all selections should be open to all candidates, regardless of their race, sexual gender or any other merits, that political parties, wherever they are in the country, should be free to choose who they want on merit and that the 2002 Act should be repealed, which the Bill seeks to do. The key objective of that Act was to enable a political party, if it so wished, to adopt measures to regulate the selection of candidates, but I do not believe that that is the right way forward. According to the explanatory notes that accompanied the Act, in the 1996 case of Jepson v. the Labour party an employment tribunal held that section 13 of the Sex Discrimination Act 1975 covered the selection of candidates by political parties, which therefore constrained their ability to take positive action to increase the number of women elected to this House.

[Damian Green]

For the avoidance of doubt, given the interventions from the Opposition, I am happy to confirm that the Conservative party has never used all-women shortlists and that they fell into disrepair in the Labour party after an all-women shortlist produced a male candidate who happened to be the leader of a trade union.

[Mr Nuttall]

I am most grateful to the Minister for that intervention. The Opposition say that they support all-women shortlists, but as Members on both sides of the House will be aware, the hon. Member for Birmingham, Erdington (Jack Dromey) was selected as a candidate despite his gender. It is perhaps one of the biggest ironies that he was selected even though his wife, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), seems so keen to have all-women shortlists in all constituencies.

[Philip Davies]

Is it not also ironic that the Labour party has brought in all these massively talented women, apparently, through the use of all-women shortlists, but when it wanted to select a new leader it seemed to bypass all that talent that had been brought into the House and plumped for a man?

--- Later in debate ---

[Mr Nuttall]

My hon. Friend makes a good point, and perhaps the Labour party will consider selecting its leader on a rotational basis, with a male leader being followed by a female. As far as I am aware, the Labour party, unlike our party, has never had a female leader; perhaps it is time for half a dozen consecutive female leaders.

[Chris Bryant]

We have actually had two women leaders: my right hon. Friend the Member for Derby South (Margaret Beckett) was briefly leader after John Smith died; and we had an interim leader in the form of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), the current deputy leader. More to the point, however, considering the trump card to which the hon. Member for Shipley (Philip Davies) referred—Baroness Thatcher—is it not surprising that not a single other woman has chosen to stand for the leadership of the Conservative party since?

[Mr Nuttall]

That is not surprising; it is just a matter of fact. The two examples to which the hon. Gentleman refers from the Labour party were of course simply temporary leaders, who held the post until they could be replaced by a man. We should read nothing into the fact that, since the great lady ceased to be leader of our party, we have not produced a further female applicant for the leadership. I am sure that in years to come females will apply and be candidates in such elections.

[Chris Bryant]

I do apologise; I misled the House. Ann Widdecombe stood, but she was voted off quite fast—as she was off “Strictly”.

[Mr Nuttall]

I will leave that there. We do not want to go into “Strictly Come Dancing”. I will not be tempted down that road.

It has been suggested that the most effective way to attract female parliamentary candidates is to introduce a new system of flexible parental leave, so that aspiring female politicians do not have to choose between a career and family life. But, as we know from experience, Margaret Thatcher entered Parliament when her two children, Carol and Mark, were just six years old. That did not put off Margaret Thatcher, and there is no reason why it should put off anyone else some 50 years later.

Those who consider putting themselves forward to become a Member of Parliament have to make a choice, as we all do, men or women, and it would be sexist if that choice did not apply to men, too. Hon. Members, surely on both sides of the House, recognise that participating in running our country is no ordinary job.

What started in the 2002 Act as a temporary measure that would last only until 2015 has been extended by an enormous 15 years, so the use of all-women shortlists will be permitted right up to 2030. It has been suggested that this debate provides a suitable opportunity for the House to consider whether all-women shortlists have been effective, and perhaps it is time for us to do so. They have produced women MPs, but that is quite obvious. What we do not know is how many good male candidates have been prevented from getting to this House as a result of the application of the Act.

The Leader of the Opposition, on the subject of all-women shortlists, recently said:

“People were sceptical about all-women shortlists but I think they have actually made an enormous difference to the numbers of women in Parliament.”

If that is not a statement of the blindingly obvious, I do not know what is. If all-women shortlists are employed, by definition that can have no other effect than to produce more women candidates and, if applied across the board, that would inevitably lead to an increase in the number of women MPs. That is hardly a great achievement to cite.

It has also been suggested that we need to take action to increase female representation on boards of companies, but it should be up to companies themselves to determine whom they have on their boards. I have no reason to believe that they do not choose the best person for the job. I read the other day that there has been an enormous increase in the number of women directors in the City of London. However, the percentage of the total has hardly increased at all, because what tends to happen is that companies appoint female directors to tick a box. We have almost reached “token woman syndrome” again.

The positive action in recruitment provisions in the Equality Act 2010 are entirely voluntary. There is no requirement for an employer to use either the general provisions or those relating to recruitment and promotion. I may not want to see any legislation to ban discrimination, but equally I would not wish to legislate to encourage discrimination. The Bill would even things up. It is not clear that we have seen any improvement in how companies operate, but at a time of increased difficulty for public spending we have to look at ways of cutting back, and pruning the whole area of equality and diversity legislation would be a good starting point.

Mention was made earlier of the “Not In My Name” section of the Campaign Against Political Correctness website, and I have one or two other quotes from people who do not feel that the whole equality industry has helped them. Mark Grohen said:

“As a gay man I’ve always thought myself rather lucky...I do not need to be told by politicians and do-gooders that I’m either vulnerable or incapable of looking after myself. I really dislike people’s obsession with what I do in the bedroom: I prefer it not to be the reason why I’m hired for a job.”

[Chris Bryant]

But unfortunately people are still murdered for their sexuality, as happened in public only a couple of years ago in Trafalgar square. That is why we need to ensure that the police services ensure that everyone is protected, not just the mainstream and the majority.

[Mr Nuttall]

The shadow Minister makes a perfectly valid point. I entirely agree that the police have to protect everyone equally, regardless of the colour of their skin, whether they are gay or straight, wherever they come from in the world, male or female. However, the existence of all the equality and diversity legislation runs the risk of upsetting those sections of society who feel alienated and discriminated against by that legislation. It does not help—in fact, it is counter-productive—for the Act to remain in place.

A lady—a female—who is half Chinese, said:

“For those of us who have pursued equality for so many years, it is disheartening to see how little has been achieved. Equality is not political correctness. In a truly equal country, the best candidate gets the job even if it is the Anglo-Saxon chap. There is a still long way to go.”

Paolo Fragale, who is a gay man of mixed race, said:

“As a gay man of mixed race I vehemently oppose positive discrimination and quotas. Apart from the fact that I find them patronising, I feel they are counter productive and only serve to further segregate people.”

Rachel Watts summed up the feeling of many women when she said:

“The majority of women in favour of ‘helping hands’ and special treatment are the ones who will gain the most from them.”

Perhaps the most difficult and sensitive area is those who are disabled. Frederick Bird said:

“As someone registered disabled, I would not object to not being given a job that I was not able to do due to my disability. Being realistic there are things that I cannot do and no p.c. rubbish can alter the fact.”

Mention was made earlier of the help that disabled people need. I am pleased to say that the Government, under the Work programme, are dealing with this as it should be dealt with—on an individual basis. It is simply not right to write off great sections of the community, whether they are blind or disabled in any other way, and say, “I’m sorry—you’re not able to work because of your disability.” We should do all we can for those who have a disability to give them tailored, specialised, individual help to get them back into the workplace, but that cause will not be helped by some artificial means of employing quotas.

My final quote comes from Denise O’Brien, a disabled female person who is also a lesbian. She said:

“Political correctness is making artificial differences between people unnecessarily. Special treatment for minority groups in a lot of cases breeds resentment from those not included who have genuine need of help.”

The Bill is a good start on a very long road that we have to go down. It perhaps says something about where we are with the equality and diversity agenda that in the recently published new edition of “The Solicitor’s Handbook”, chapter 2 is on equality and diversity, and it comes before the chapters on client confidentiality and conflicts of interest. I am sure that when someone goes to consult their solicitor they are more interested to know that their business is being dealt with confidentially and that there is no conflict of interest than whether the company in question has the right sort of tick-box approach to equality and diversity. This is a burden on small and medium-sized enterprises. It is no business of the Government to interfere in this way in how businesses are run. It provides an unnecessary burden in terms of the training that they have to do on a yearly basis in order to be able to demonstrate that they are complying with the diversity agenda.

In conclusion, this matter is perhaps best summed up by the quotation from George Orwell’s “Animal Farm”:

“All animals are equal but some animals are more equal than others.”

It cannot be right that we need this legislation in the 21st century. Everybody should be treated with respect and tolerance. I have no objection to using the word tolerance. If it is used in its normal, everyday meaning, everybody knows that it means tolerating people and treating people from different backgrounds with respect. By starting along the road of removing some of the politically correct nonsense legislation, we would be doing our constituents a great service. I warmly commend the Bill to the House. I trust that it will receive resounding support on Second Reading, have a smooth passage through this House and the other place, and reach the statute book, much to the delight of my constituents.