John McDonnell
Main Page: John McDonnell (Independent - Hayes and Harlington)Enterprise and Regulatory Reform Bill
John McDonnell Excerpts
Simon Hughes
I would like to pick up where the hon. Lady finished and say that I share the view that this is a good day for equality. I thank my hon. Friend the Minister for getting us to this point. I will not resile from what I said in my intervention, which is that I and my colleagues have always held such views. Indeed, our party worked with the Labour party when it was in government to put into legislation the general equality duty governing the Equality and Human Rights Commission. Anyone who is critical of that assertion clearly does not understand that in coalition Governments one party can hold a continuing obligation or view that is not necessarily persuasive to the Government as a whole. The two parties in the coalition clearly started from a different position, and it has taken until today and the clearly expressed view of the House of Lords for people to arrive at an understanding that it is better to retain the general equality duty. I am sure that is the right decision. It sends out the right signals and guides the commission in its work ahead.
Like others—certainly like my hon. Friend the Member for Bedford (Richard Fuller)—I was at the Bar of the House of Lords yesterday evening listening to the debate on caste. There were views on both sides. The Government were arguing to retain their position and said that we should not add caste to the Equality Act 2010, and others argued against that. The Government were supported by people on both sides, but the view of the House of Lords was that we should add caste to the list of issues on the basis of which people could allege discrimination, but that we must recognise that there is a division in the communities affected as to what that measure will mean in practice and how it will be responded to.
There are clear community views. I was at a Vaisakhi event with colleagues from across the House last night, and views were expressed to me by members of the Sikh community that they did not want this change. I had just heard Lord Singh of Wimbledon arguing strongly that in Sikhism there is no such thing as caste, and I am persuaded to take his view as he is authoritative and well-regarded on that issue. However, I think that the Minister has now arrived at the right place, with the Government, and caste as a basis for discrimination will be added to the Equality Act. The problem might not be hugely prevalent, but there is enough evidence of it in certain places for it to be recognised. It is important—I am sure the Government take this view, and it was argued by the hon. Member for Stretford and Urmston (Kate Green)—to have a period between now, the passage of the Bill, and its implementation, to ensure that people understand the implications of the measure across communities.
In the Hindu community there is certainly a division of view and I think we are right to support those in the Dalit and other communities who say, “We should know. We are the victims.” Their voices have prevailed. It is also wise of the Government to hope that over five years this measure may become unnecessary, and there will later be the opportunity to review it.
The fact that a bicameral Parliament works is evidenced by where we are today, with two Chambers having debates and adding to the wisdom of one—I, of course, want the other one to be reformed and to become either wholly or partly elected, but that business has clearly been deferred. Until then, however, I am glad that the House of Lords has contributed so firmly to our debates, and I am grateful to the Minister and her colleagues for making it clear that the law will be changed. I look forward to working with many others across the House and the Government to ensure that communities understand the logic behind the change. At the end of the day, we must have a country in which people know that there is no discrimination on the basis of gender, race, ethnicity, sexuality or caste, and that discrimination is unacceptable wherever it occurs. I think we have got there, and we should be celebrating that.
John McDonnell (Hayes and Harlington) (Lab)
I am grateful that common sense has prevailed with regard to the EHCR. It demonstrates that debates in this place and elsewhere do work, and that we can convince one another of the rightness of a particular position.
On caste, may I make a number of statements so that I can be clear about what we are agreeing to? If any of these statements is wrong, will someone get up and tell me? That would be helpful. I am sorry to reach this level of simplicity in the House, but it has been a long few weeks. First, if we pass this legislation over the next couple of days, caste discrimination will be outlawed in this country. Is that correct?
Jo Swinson
I am happy to make that clear for the House, and I wanted to respond to the hon. Member for Stretford and Urmston (Kate Green) on a similar point. The amendment changes the word “may” to “must” in the Equality Act 2010. At the moment, it states that the Secretary of State “may” make caste discrimination illegal, and that will be changed to say that they “must” lay regulations to make an order. That will require secondary legislation, which gives us time to consult and get that right. When the secondary legislation is passed, the measure will be on the statute book.
John McDonnell
Let me try this phrase: if we enact this legislation, the Government must outlaw caste discrimination in due course.
John McDonnell
That is point 1—stay with me on this. Point 2: in developing the detail of the legislation, we will ensure that we consult the wide range of communities that have an interest in this matter, and seek to mobilise them in eliminating caste discrimination—agreed?
John McDonnell
Thirdly, I would be grateful for the Minister’s views on the limited period of time in which that will be done. I have heard about months and also a full year—whatever view is realistic. I think it would be possible in a year not only to deliver clear definitions and guidance on implementation, but to mobilise the whole community around this issue and to convince people about the need for this provision.
Finally, this amendment contains a review period so that if we reach nirvana and the elimination of caste discrimination in this country, we can return to the issue and remove the measure from the legislation.
If all those statements are accurate and agreed across the House, I now understand the point we are at, so perhaps others will as well. I think it has been a significant victory for democratic debate in this Chamber and the wider community. Lots of organisations have been involved in this discussion. Not everybody is happy, but we have reached an understanding that there is a problem to be addressed. No matter how small people think it may be, this issue is significant for many of us and it is being addressed appropriately with some subtlety and understanding of people’s views, so that those are taken into account. I welcome the overall approach that has been agreed.
Richard Fuller (Bedford) (Con)
I, too, thank the Minister for bringing forward this amendment and for the thoughtful way it has been crafted. I also thank and pay tribute to the hon. Member for Stretford and Urmston (Kate Green) for her speech, and for pointing out some of the practical steps that can be taken.
I know that those on the Government and Opposition Front Benches have felt a sense of thoughtful consideration and sometimes anguish about this issue, but it has always been fairly straightforward for me. I am not diminished as a person because we ban discrimination on the basis of race or gender, and I will not be diminished as a person because we ban discrimination on the basis on caste. All those are exemplary measures for the Government to take.
I was reflecting on caste, and it occurred to me that if we define caste as occupation, I too carry my caste in my name. A fuller is an occupation; we are the cleaners of wool—with a rather unsavoury material, I think. I do not know where in the hierarchy that might sit, but I do not think it would be at the top. However, I am a greater man because I am my father’s son, and—to be clear for the record—also because I am my mother’s son.
I would like to ask a couple of questions and make a point. Will the Minister provide not precision but some clarification on the timetable and say when she anticipates that the order will be enacted?
May I point out something that has not been mentioned yet? Any repeal of the regulation will require a resolution of each House and will not simply be done by the Government of the day. That is a welcome feature of the legislation.
Finally, we have spoken of the great contribution to the legislation of community groups with differing views. I pay tribute to my constituents who have brought the matter to my attention and to the attention of others. As with all legislation that is enacted, there is a responsibility to ensure that the protections provided are used appropriately. We need to ensure that it is not open season for people to use the law just because it is another option. The measure is there to be used in very serious cases—hon. Members know that they are rare but extraordinarily important. We do not want the changes to the law to be misused by people, such that the voices that have been heard in the House today are drowned out in the legal courts in future.