Simon Hughes
Main Page: Simon Hughes (Liberal Democrat - Bermondsey and Old Southwark)Enterprise and Regulatory Reform Bill
Simon Hughes Excerpts
Jo Swinson
I would like to put on the record my thanks for your flexibility, Mr Deputy Speaker, in accepting the late tweak to the amendment that had been tabled earlier this morning in relation to Lords amendment 37 on the issue of caste. I shall come to that issue in a second or two.
We are returning to the discussion on the equality provisions of the Enterprise and Regulatory Reform Bill, which were debated in the other place yesterday. We have paid regard to the strong views and concerns that were expressed in that debate, and have tabled motions to respond to them.
As I have made clear in the course of our debates, the Government want a strong and effective Equality and Human Rights Commission. As part of that and to focus the EHRC on its core functions, we proposed the repeal of its power under section 3 of the Equality Act 2006, which is known more commonly as the general duty. However, in light of the clear views expressed in the other place, the Government have reconsidered our position and will not insist on our disagreement to Lords amendment 35. That will allow the general duty to remain in the 2006 Act. Although it is accepted by all that the duty has a symbolic rather than a practical effect, it is clear that considerable importance is attached to this overarching statement.
We maintain that the commission’s monitoring and reporting should be carried out in respect of its core equality and human rights duties. The EHRC will continue to be required to monitor and report on changes in society, but, as has been agreed to in the Bill, that should relate to the areas that it is uniquely placed to influence and change: equality, diversity and human rights. For that reason, the motion is to disagree with Lords amendment 36. Instead, the EHRC will monitor its progress against the duties specified in sections 8 and 9 of the 2006 Act, and the form of that reporting will remain unchanged.
Simon Hughes (Bermondsey and Old Southwark) (LD)
My hon. Friend’s announcement is very welcome. She knows that our party has always argued that there should be a general overarching duty—[Laughter.] No, that is completely the case, but the matter had to be worked through within the coalition. Her announcement sends a strong signal that there is a principle and that practical implementation is available to the commission.
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.
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?