Draft Equality Act 2010 (Amendment) Regulations 2023

Debate between Stuart C McDonald and Maria Caulfield

Wednesday 6th December 2023 General Committees

[Maria Caulfield]

That is open to interpretation, and that is exactly what the courts are there for: to decide how existing laws are interpreted. However, the CHEZ judgment is part of existing case law. It is the basis of how discrimination is determined right now. If we did not have this instrument and we had not left the EU, that would continue to be the case. At the end of this month, if we do not retain the law, those protections for pregnant women, disabled people and those with protected characteristics will fall completely. The CHEZ judgment is actually the basis of case law.

[Stuart C. McDonald]

Will the Minister give way?

[Maria Caulfield]

I do not wish to test your patience, Mr Hollobone, but I will take a final intervention.

[Stuart C. McDonald]

I am trying to be helpful to the Minister here. Putting aside all those arguments, I am not an employment lawyer, and I did not prepare on this particular case in advance. However, a more fundamental point is that that judgment is part of UK law just now. It would be outrageous if, through the statutory instrument procedure, we just decided to dump it overnight. If people have a beef with that particular case, they should promote a private Member’s Bill or encourage the Government to bring in another bit of legislation. Today is about a statutory instrument preserving the status quo. Any other course of action from the Government would be completely unacceptable.

[Maria Caulfield]

Absolutely; I agree with the hon. Gentleman on that point. I hope that in debating the statutory instrument, colleagues will realise that whatever we think about which laws we retain or revoke, it is based on the CHEZ ruling of 2015. That will not change after the statutory instrument is approved on the Floor of the House. There is no change: it is still based on the exact same principles since the CHEZ ruling of 2015. It is really important that we retain those protections, because without them vulnerable groups will be left without protection and face discrimination. I hope that colleagues will join me in supporting the regulations, which I commend to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Equality Act 2010 (Amendment) Regulations 2023.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Eighth sitting)

Debate between Stuart C McDonald and Maria Caulfield

Thursday 28th February 2019 Public Bill Committees

[Maria Caulfield (Lewes) (Con)]

The hon. Gentleman makes a valid point. Having worked in the NHS, I know that such checks cause additional pressures. But how does he suggest that the NHS pays for treatment for non-UK citizens? It is a national health service, not an international health service.

[Stuart C. McDonald]

We could do what we did previously, which was to recover the costs after the event. However, as I say, I have tabled these amendments to spark debate. At the end of the day, if it is a choice between risking people’s lives or even causing death, and risking losing out on certain funds after the event, the second of those is the lesser evil. However, it is a difficult issue; I do not have all the answers as to how we should approach it. As I say, that is why the new clauses and the amendment have been tabled.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (First sitting)

Debate between Stuart C McDonald and Maria Caulfield

Committee Debate: 1st sitting: House of Commons
Tuesday 12th February 2019 Public Bill Committees

[Maria Caulfield]

Q In a new system would you want to see any preferential rights given to EU citizens as opposed to citizens from the rest of the world?

Chai Patel: In an ideal world, people from all countries would be treated equally under the immigration system. What I would be careful about is the fact that we have heard a lot from people who have suggested that Brexit provides an opportunity for us to move to that, but the Government’s plans in the White Paper certainly do not provide that because it specifically states that, of course, preferential treatment will continue to be given to people where trade deals require that to be the case. So, yes, in theory, but at the same time I would be reluctant to suggest that I think that is going to happen.

[Stuart C. McDonald]

Q Mr Patel, you have declared your preference for a declaratory EU settlement scheme, which I think is a very good idea. Professor Ryan’s alternative would be simply to remove the cut-off date for applications. Have you any thoughts about the pros and cons of that argument?

Chai Patel: I think that in effect it is the same thing. I might be wrong if there is no cut-off date. What is someone’s legal status at the end of the transition period or the grace period until they apply? If they are in legal limbo at that stage it seems simpler to grant them the legal right as of law, rather than saying they can apply later and be reinstated, because there might then be a question of what their status was in the intervening period.