Draft Equality (Amendment and Revocation) (EU Exit) Regulations 2018

Victoria Atkins Excerpts

Tuesday 22nd January 2019 General Committees

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I beg to move,

That the Committee has considered the draft Equality (Amendment and Revocation) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Sir Graham. I note in passing that the consisted list is incorrect, so for the record, I re-promote you to Sir Graham.

[The Chair]

You are very kind.

[Victoria Atkins]

I am pleased to present to the House the draft Equality (Amendment and Revocation) (EU Exit) Regulations 2018. The regulations do not introduce any new policy, but in common with others currently passing through Parliament, they are part of the Government’s commitment to delivering a managed exit from the European Union.

The regulations make purely technical changes to the Acts listed, and ensure that our equalities legislation continues to operate effectively after exit day. They are wholly consistent with our commitment to upholding equalities protections across the United Kingdom as we leave the European Union, including those previously conferred by EU law, which have now been incorporated into domestic law through the European Union (Withdrawal) Act 2018.

I am proud to say that the provisions in the Equality Act 2010, to which the bulk of the amendments relate, provide some of the strongest equalities legislation in the world. That includes provisions to provide comprehensive protections from discrimination, harassment and victimisation on the grounds of nine protected characteristics. We are determined to ensure that the 2010 Act will continue to give certainty and continuity to, among others, employees, employers, and service users—creating a stable environment in which the UK economy can grow and thrive. By passing the regulations, Parliament would ensure that those hard-won protections continue to operate after we have left the European Union.

Although I appreciate that hon. Members may not require, or indeed welcome, a detailed description of each of the regulations, I hope that the Committee will find it useful if I set out the legislation that is being amended and use an example for illustrative purposes. The draft regulations amend references to “enforceable EU rights”; references to EU law and the European economic area; and specific EU directives and harmonisation provisions. Those elements will become deficient after EU exit unless they are amended. The draft regulations amend such references in the 2010 Act, the Civil Partnership Act 2004, the Gender Recognition Act 2004, and the Equality Act 2006, which established the Equality and Human Rights Commission and sets out its governance arrangements and powers.

The draft regulations also make minor amendments to the Equality Act 2010 (Amendment) Regulations 2012, which implement a ruling of the Court of Justice of the European Union that sex should not be used as a risk factor in determining individuals’ insurance premiums and benefits, and amend the corresponding Northern Ireland regulations. We have worked closely with the Scottish Government and with the Equality and Human Rights Commission to draft the regulations, and we are pleased that both bodies have helped us with their preparation.

Lastly, two pieces of retained direct EU legislation are being revoked. One is regulation 1922 of 2006, which established the structure and governance of a European Institute for Gender Equality—the research papers for that institute are available on the web. The regulations simply concern the structure of the organisation, which will not be of relevance to us following our exit. The other is decision 771 of 2006, which established the European Year of Equal Opportunities for All of 2007. As the title suggests, it is a little past its sell-by-date.

In conclusion, I hope that I have reassured hon. Members that the sole purpose of the draft regulations is to correct deficient or redundant provisions in the legislation, which we simply want to work as Parliament intended after we have left the EU. That is why we have presented the regulations, which I commend to the Committee.

--- Later in debate ---

[Victoria Atkins]

I am grateful for that nudge, Sir Graham. I thank the hon. Lady for her response and for her support for the regulations. If I may—taking the Chair’s guidance to heart—I will write to her on matters that I cannot cover in the debate.

The regulations do not cover the charter because we are copying EU law straight into the statute book after exit day. Protections from the European Convention on Human Rights are provided for directly in our domestic law via the Human Rights Act 1998. I will go into more detail on the charter in my correspondence with the hon. Lady.

To reassure colleagues who are concerned about ensuring that we keep pace with the EU in maintaining gender equality, we will of course be free to set our own priorities after we leave. I note that we are leaders when it comes to issues such as the gender pay gap and tackling modern slavery, which, as the hon. Lady knows, can have a terrible impact on women who are trafficked for sexual enslavement. We do not see our exit from the EU as reducing our commitment to human rights and, indeed, we are fully committed to the retention of all rights under the Acts and equivalent Northern Ireland provisions.

On the transition period, if the House does not approve a deal, there will be no transition period. We are carefully introducing regulations so that, whenever exit day occurs—regardless of whether there is a transition period—the legislation remains workable and as Parliament intended.

The two pieces of legislation that we are seeking to revoke are frankly way out of date and do not cover what we now consider, 12 years later, as part of our human rights landscape. That is the only reason why we are revoking them. Of course, we remain committed to maintaining human rights. We want the Equality Act 2010 to be absolutely as strong as Parliament intended, which is precisely why we have brought the draft regulations. Unless hon. Members have any other points to make at this juncture, I invite the Committee to support the regulations.

Question put and agreed to.