Visible Religious Symbols: European Court Ruling

Lady Hermon Excerpts

Wednesday 15th March 2017 Commons Chamber

[Caroline Dinenage]

Yes, my hon. Friend is absolutely right that people are entitled to express their religious thoughts or beliefs in what they wear. It becomes an issue only if there is some kind of health and safety aspect. As I have said before, companies are entitled to enforce their own dress code, but it is very clear that that dress code must apply equally to all employees, whatever their faith, religion or gender, and the Government are keen to promote that.

[Lady Hermon (North Down) (Ind)]

I am very troubled by the judgments. If the provisions of the CJEU’s judgments are held to be directly effective, they can be relied on by employers in the UK without further ado. In my estimation, that would be deplorable. Will the Minister confirm that the Government are keeping open the option of legislating—and, indeed, the option of introducing emergency legislation—to make sure that the United Kingdom’s very fine laws on discrimination, which uphold one’s right to manifest one’s views and religion, are not undermined by the CJEU? The assurance that the Government will turn to legislation, should the need arise, would be very helpful.

[Caroline Dinenage]

It is important to point out that the CJEU judgement is advice that goes back to the nations that brought forward the cases. Each country has the right to enforce the judgment in the way it sees fit. I am confident that the UK has some of the strongest equalities legislation in the world, including the Equality Act 2010, which enshrines equality in domestic law. Nevertheless, we will always keep that under review to ensure that people continue to be protected in the best possible way.

--- Later in debate ---

[Caroline Dinenage]

That is a matter for my colleagues in the Foreign and Commonwealth Office, but we will have that conversation with them. We take discrimination seriously and will continue to ensure that no one is held back by any outdated attitude or practice.

[Lady Hermon (North Down) (Ind)]

On a point of order, Mr Speaker.

[Mr Speaker]

We tend to come to points of order after statements. We can hear from the hon. Lady at that point.

[Lady Hermon]

It pertains to this statement.

[Mr Speaker]

The spirit of generosity gets the better of me. If the hon. Lady is extremely brief, we will hear her point of order.

[Lady Hermon]

I am enormously grateful to you, Mr Speaker. This is a very important point. The great repeal Bill will incorporate all existing EU law at the moment of Brexit. It will therefore incorporate the two judgments of the European Court of Justice that we have just discussed. Will you seek confirmation from the Prime Minister and her Government, if possible, that the two judgments will not be allowed to remain part of our domestic law one moment past Brexit?

[Mr Speaker]

I am extremely grateful to the hon. Lady, but I fear she invests me with a power that I do not possess. It is not for me to ask the Government to take a position one way or the other. All I would say is that I have no reason to dissent from her interpretation of the legal and, in a sense, parliamentary position. However, the whole point of that upcoming Bill to be introduced by the Government is that it imports from Europe into our law a body of material with the option then to preserve, to amend or to repeal, case by case, as the Government propose and ultimately the House decides. On the basis of the hon. Lady’s expression of interest in this important matter, I feel certain that, when any such matter comes up for consideration, she will leap from her seat to acquaint the House with her views, and we all look forward to that.