Enterprise and Regulatory Reform Bill

Lord Bishop of Oxford Excerpts

Monday 4th March 2013 Lords Chamber

Moved by

[Lord Harries of Pentregarth]

73: After Clause 57, insert the following new Clause—
“Equality Act 2010: caste discrimination
(1) The Equality Act 2010 is amended as follows.
(2) After section 9(1)(c) (race) insert—
“(d) caste;”.”

[Lord Harries of Pentregarth]

My Lords, this amendment seeks to add the word “caste” into the Equality Act 2010 and I will very briefly sketch in its background. The Dalit communities in this country, which are about 480,000 strong, have been concerned for some time about discrimination against them. The previous Government, aware of this, introduced an order-making power into the Equality Act 2010 and to assess the evidence commissioned a report from the National Institute for Economic and Social Research. The NIESR concluded that there was discrimination in the areas covered by the Equality Act; namely, education, employment and the provision of public goods and services. It recommended legislation as one of the ways of dealing with this.

The present Government, understandably, wanted time to consider this issue but on Friday gave their response. They recommended that discrimination be tackled by education first rather than by triggering the order-making power in the Act. The Dalit communities in this country are deeply disappointed by this long-awaited response. Indeed, there are more than 400 community leaders from all over the country expressing their feelings outside the House at the moment. I find it disappointing and genuinely distressing because not only are the recommendations a distraction from the real issue but they could cause a great deal of hard feeling and resentment and be seriously counterproductive.

I want to explain briefly why I believe this to be so. It is natural in every society for people to mix with other like-minded people—those with the same education, background, religion, class or occupation. If sometimes this goes along with feelings of superiority to other groups this is reprehensible but when it is manifested only in social life it is not a matter for legislation. By focusing on education there is a huge danger that these kinds of social distinction will become blurred and confused with the real issue of discrimination in the public sphere when people are not employed or are harassed in their jobs because of their caste. An education programme, however sensitive—and frankly one wonders how on earth this one is going to be costed—is likely to be regarded as patronising and interfering, while at the same time distracting from the essential issue.

We hear that there is opposition to triggering the order-making power. I find it very difficult to work out what are the grounds of this opposition. The NIESR is a highly reputable academic body, well used to doing this research, and it has concluded that there is clear evidence of discrimination in the public sphere. Therefore, I wonder about the Government’s second recommendation, which is that the Equality and Human Rights Commission should be asked to look again at the evidence. Is there something flawed with the original evidence? Why is it being asked to look at it again?

Another possible reason is that discrimination does indeed exist, as the Government seem to accept, but should be tolerated. That position would be quite unacceptable to all your Lordships. So we come to the third reason. Is the law really needed? We know that in the case of legislation on race nothing has been more effective in reducing racial prejudice than the law. It has had a most powerful educative effect. Nothing could be more significant and effective in reducing discrimination on the grounds of caste than to have a clear-cut law saying that discrimination in the public sphere will not be tolerated. India, Bangladesh and Nepal all have laws against discrimination on the grounds of caste. The problem in those countries is that the caste system is so deeply entrenched that the laws are not properly enforced. The situation in this country is very different. The law is, on the whole, effective. If other countries see nothing shaming in having a law, why should we?

There are something like 200 million Dalits in the world and the institutionalised prejudice against them is one of the most degrading and humiliating forms of rejection invented by cruel human beings, of which being confined to jobs such as manual scavenging is only one expression. It is indeed a surprise and a shock to learn that caste prejudice has come to this country. It is not, of course, in that extreme form but we need to show that in any public form it is totally unacceptable. We can do that quite simply and clearly by accepting this amendment.

At the moment, when a person believes that they have been discriminated against because of their caste, they have no legal means of redress. Someone I once interviewed had had a good training in India as a medical technician and was employed by the NHS in this country. All went well until this person asked their Asian boss for leave to go back to India for a family wedding. There then followed a set of highly intrusive questions about their family background, after which the person’s life was made hell for the next year, which nearly brought on a breakdown. The trade union that he consulted thought that he had certainly been the subject of unfair discrimination and harassment, but had to advise him that at the moment it was not possible to bring a case for discrimination on the grounds of caste.

Even if there are likely to be few such cases, it is essential that there should be a proper means of legal address for those that exist. I appreciate that the Government are serious in wanting to do something about caste discrimination but I honestly believe, for the reason I have given, that their education programme could turn out to be highly counterproductive. No less importantly, it will blur the issue and distract attention from what is really needed: a clear legal signal that discrimination in this country in the public sphere—in education, employment and the provision of public goods and services—is quite unacceptable. I beg to move.

--- Later in debate ---

From the limited evidence of caste prejudice already available, we believe that there is much to be gained through a programme of education, and that is something that we can and will get on with immediately. Those who suffer this prejudice have strong support from all sides of this House—that has been made evident today. However, let me also make clear that the people who suffer from this prejudice also have support from Ministers who are currently in government; most particularly, my honourable friend Helen Grant and my noble friend Lady Warsi, who will take a very active role in monitoring the effect of this educational programme and will most definitely take quite seriously the results of the work that the commission has said that it will do. I cannot accept this amendment for all the reasons that I have given, and I hope that, in view of the comprehensive way in which I have responded today, it is possible for the noble and right reverend Lord to consider withdrawing his amendment.

[Lord Harries of Pentregarth]

First, I thank very much all those who have spoken in support of this amendment for their deeply felt speeches. I also thank the Minister for the serious consideration which she has given to this, and for her obviously sincere commitment to the elimination of caste discrimination. I also thank the Minister in the other place, Helen Grant; the Dalit organisations found the meeting with her very helpful.

However, there is a clear division of opinion in this House between those who believe very passionately that it is essential to have a clear law in place at this stage, and those, like the noble Lord, Lord Sheikh, who are with the Government in believing that what is needed is an educational programme. All I ask the noble Lord is whether he would have taken that view when race relations legislation was first being introduced. I suspect he would not have; he would have argued for the importance of a clear law.

The Minister mentioned rightly that a number of the more horrible cases mentioned in our speeches concerned what is happening in India, rather than here. That is true, and this issue needs to be seen against that wider background. None the less, I myself gave a very clear example of employment discrimination in this country, and we can provide the Minister with a whole range of cases in this country, as the report sets out.

The Minister suggested that many of the cases mentioned in that study would not be covered by legislation. That is indeed true. However, a number clearly would, and that is surely the key point. At the moment, people have no legal address, and it is absolutely fundamental to all aspects of the law in this country that people have such address where they feel that they are being discriminated against. While I in no way doubt the sincerity of the Minister and the Government on this issue, there is a clear division of opinion in this House about the necessity of a clear law at this stage. I therefore wish to test the opinion of the House.