Enterprise and Regulatory Reform Bill

Kate Green Excerpts

Tuesday 23rd April 2013 Commons Chamber

[Jo Swinson]

I thank my right hon. Friend for his intervention. He speaks with passion on equality issues and has done so for many decades. I know that he speaks from the heart on this matter. I also understand the strength of feeling on this issue that he and I have heard expressed by activists in our own party and from many other corners.

Ensuring that the EHRC reports on the aims set out in sections 8 and 9 of the 2006 Act means that it will be able to capture the situation more meaningfully over time by reporting every five years and monitoring its key equality and human rights duties.

Retaining the general duty in section 3 requires a consequential amendment to ensure that the word “groups” in the general duty is defined effectively. The amendment that we propose therefore reinserts the parts of section 10 of the 2006 Act that define the term “groups” for the purpose of the Act.

I turn now to Lords amendment 37, which relates to caste, and amendments (a) to (d) that the Government tabled today. In our previous debate on this matter, I made it clear that the Government recognise that caste prejudice occurs in the UK. Even if that happens at a low level, such prejudice is unacceptable and must not be tolerated. I also said that, although we remained unconvinced that there was sufficiently compelling evidence to require the introduction of legislation, the Government were not averse in principle to introducing legislation, should it become clear that that was the appropriate solution to the severity of the problem.

Strong views have been expressed in the other place on this matter. In the light of those views, we have reconsidered our position and agreed to introduce caste-related legislation. However, we need to ensure that any legislation that we introduce will have the desired effect. We therefore propose amendments in lieu of Lords amendment 37 that will impose a duty on the Government to exercise the power in the Equality Act 2010 that would make caste an aspect of race for the purposes of the Act. We think that that option, rather than the amendment proposed yesterday in the other place, is the best way forward.

As has been discussed in this House and in the other place, the issue of caste is very complex. Many people have voiced the opinion that our understanding of the relevant issues would benefit from some form of consultation to ensure that all the pertinent considerations are identified and, where possible, taken into account. Converting the order-making power in the 2010 Act into a duty will ensure that the Government legislate to incorporate caste protection into discrimination law. It will also give us an opportunity to undertake consideration, possibly through consultation, on whether any other factors, such as the need for specific caste-related exceptions, need to be introduced at the same time that caste is given legal protection. One example that has been raised is that we would not want monitoring forms to demand that people say which caste they are from, because we want to see such a characteristic gone from society and do not want to perpetuate it. Ensuring that there is proper guidance, and that we legislate sensitively, is therefore important. We will all welcome the opportunity of a little time to ensure that it is got right. That will help to ensure that the legislation is focused and robust and addresses all the relevant factors.

I turn to the slight tweak to the motion, which now includes a provision enabling review of the duty and the effect of the order once the Act, as I hope it will become, has been on the statute book for five years and periodically thereafter. That picks up on the concern expressed in recent debates that, because caste is inherently an undesirable concept that we want to fade away, we do not necessarily want to be stuck with references to it on the statute book, given that that will no longer be necessary once, as we all hope, the concept has disappeared from UK society. The hon. Member for Stretford and Urmston (Kate Green) said in a letter to me at the end of last week:

“Given that we are all united in our desire to see caste as an identifier in the UK erode over time, it would also be possible to put in place a timetable for statutory review to establish at what point the measure could be withdrawn if caste discrimination has become a thing of the past.”

That point was also picked up by Baroness Thornton in her closing remarks in last night’s debate. The new provision addresses those concerns by introducing a review and sunset clause.

[Kate Green (Stretford and Urmston) (Lab)]

I am very pleased indeed that the Government now accept the importance of retaining the general duty. I must say that I was surprised that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) argued that that had always been the position of his party, given that only the other day the Minister, who is also a member of his party, argued the exact opposite. None the less, we are prepared to welcome repenting sinners to the fold.

As the Minister is well aware, there was widespread concern in civil society and across Parliament at the prospect of repealing the general duty. I pay particular tribute to the noble Baroness Campbell on her championing of the retention of the duty both in the House of Lords and outside Parliament. I also pay tribute to the Minister for heeding the concerns that have been expressed.

The Minister has said in the past that section 3 of the 2006 Act is of symbolic importance. That is right, and symbolism is important, but perhaps even more importantly, it is a powerful statement of our values, aims, approach and ambitions for equality and human rights. I am pleased that that strong message and that underpinning of what equality and human rights mean to us will remain at the heart of our equalities legislation.

We are pleased by the Government’s acceptance of the vote in the House of Lords last night, and we will accept their insistence on disagreement to Lords amendment 36, on monitoring. However, I issue a word of caution to the Minister, which Baroness Campbell raised when the amendment was proposed. It is important that the Government take care to ensure that the EHRC does not simply monitor its own actions but that its role in holding up a mirror to the whole of society on progress on equality and human rights is properly cemented and protected. Ongoing monitoring and reporting enabling that is important, as is the EHRC having the resources necessary to do that properly.

We are pleased that the Government have now accepted the need for legal protection against discrimination on the grounds of caste. Everyone agrees that caste has absolutely no place in our society, and that if there is even one case of such discrimination, proper action must be taken and there must be proper access to redress. The Minister is well aware of the strength of feeling on the matter—she alluded to it in her remarks. I pay tribute to the common effort across Parliament among the parties and with Cross Benchers to reach this point. I especially want to place on record again our gratitude to the noble Lords Harries and Avebury and, of course, my noble Friend Baroness Thornton, who have done a tremendous amount to bring us to this point.

I understand the offence and hurt that the very notion of caste causes. As the Minister said, it is important that nothing we do in the House entrenches caste in our society. Rather, we must help to move forward in a direction that leads to its eradication. In recent weeks, the Opposition have been bringing people together to discuss the right way to do that in the context of what is, as the Minister said, a complex subject. I venture to suggest that we have already done more in three weeks than the Government have done in three years.