Equality Bill [HL]

My Lords, as others have said, this is an interesting and wide-reaching Bill, which has been generally welcomed by those organisations with an interest in equality issues. It puts more detail on existing legislation and gives us the opportunity to further debate many key issues. I shall speak today mainly about children and equalities. I declare an interest as the co-chair of the All-Party Parliamentary Group on Children. Children are, if you like, the other end of the age factor. I am interested in many points brought up by disability groups—the British Humanist Association and Stonewall among others. Issues concerning goods and services, defining faith and belief, harassment and discrimination, employment and accessibility are all important. Others have focused on those issues. My noble friend Lord Alli cannot be here today because he has suffered a bereavement. He has asked me specifically to mention his concern, which I and others share, that the Bill does not propose to provide protection for lesbians and gay men facing discrimination in the provision of goods and services. Incidences of this sort of prejudice remain regrettably widespread. Stonewall cites the case of a woman in Wales who was recently refused a smear test on the grounds that she was a lesbian, causing her much distress, as can be imagined. Ministers will no doubt draw our attention to the various recently announced reviews of discrimination law. However, these are not expected to report for some time. Meanwhile there is a straightforward remedy available for this problem; that is to amend the Bill to extend its proposed protection against discrimination in the provision of goods and services to lesbians and gay men. My noble friend Lord Alli and I hope that the Government will afford serious consideration to addressing this pressing need at an early stage. I revert to my concerns about children. I should say first of all that the Bill is one of those being scrutinised for the impact on children by the Children’s Legal Centre and the National Children’s Bureau, which have been funded by the Nuffield Foundation over two years to undertake child impact assessment of up to four Bills a year. That child impact will analyse proposed legislation using the framework provided by the European Convention on the Rights of the Child. I also declare an interest as chair of the reference group for this initiative—a very exciting one—which I hope will be useful in the discussion of several Bills. The child impact statement on the Equalities Bill, which we have just been looking at, identifies five areas relating to children and young people: age as an equality issue; the relationship between the Commission for   Equality and Human Rights and the Children’s Commissioners in England, Scotland and Wales; young victims of crime; and social and recreational activities and religion and belief. It is worth emphasising that the provisions of the legislation in the Bill are not specific to age. With respect to age as an equality issue, Clause 3 stipulates the fundamental duty of the new CEHR, which is to help create a society where people can achieve their potential without prejudice or discrimination, where human rights and the dignity and worth of individuals are respected, where individuals can participate in society and where mutual respect between communities, based on valuing diversity and respect for human rights, is important. Clause 8 deals with equality and diversity. The role of the CEHR will apply to children as well as adults. That could and should work in the best interests of children and assist children who suffer multiple discrimination. One of the commissioners appointed under Schedule 1 could be responsible for the interests of children. Local authorities could do much to support human rights, for example, in the provision of facilities for all, including children. I shall say more about that in a minute. I turn to the powers of the CEHR and the Children’s Commissioners for England, Scotland and Wales. As we know, the legislative framework for each Children’s Commissioner is different. It is not clear how these commissioners will work with and complement the work of a new commission on human rights—for example, whether there may be some duplication of functions. Under Clauses 4 and 5, the CEHR will have to consult on and publish an annual strategic plan. Will these consultations include children? The commissioners for Wales and Scotland have in their remits the review of policy and practice which affects children and young people. The Welsh commissioner can review services provided for children by authorities. It is not clear how that information will link to the work of the CEHR. Clause 17 gives the CEHR the power to conduct inquiries. The Children’s Commissioner in England can also conduct an inquiry into policy affecting children and make recommendations to government. In cases affecting children, how will the decision be taken as to who will conduct inquiries or reviews? Moving on to Clauses 22 to 34, the commissioner for Wales can conduct a review into the arrangements of authorities in individual cases and offer assistance to a child who wishes to make a complaint or representation when there is no other person who can assist. He can also carry out a review into services provided for children and young people. The Children’s Commissioner for Scotland can review the effectiveness of, and promote best practice by, service providers. It will need to be established how these functions of the Children’s Commissioners support and inform the work of CEHR, and, indeed, how responsibilities between them will be defined. Moving to the issue of young victims of crime, Clauses 20 and 21 give the CEHR the power to monitor the types of crime affecting disabled persons or certain communities and to make arrangements to prevent or reduce crime affecting certain groups. The Youth Justice Board states that children and young people suffer a high incidence of crime and have significant worries about their personal safety. The CEHR will therefore also need to monitor crimes against young people. Clause 21 also gives the CEHR the power to make arrangements for social, recreational, sporting, civic, educational or other types of activities to involve disabled people or other communities facing discrimination. This power could presumably also be applied to encourage local authorities to provide play and leisure facilities for children and young people. But this is not clear. Clause 45 defines religion and belief for the purposes of the Bill, introducing a new strand of anti-discrimination. This will maintain the rights of parents to withdraw their child from religious education and collective worship. As I understand it, the Bill will also build in some flexibility that will allow schools and local authorities to make decisions about faith schools and school transport for children with disabilities. All this is up for further discussion and debate. The Children’s Rights Alliance for England believes that the Equality Bill is, at present, largely ““child blind””, with no obvious provision for children. It has detailed concerns, for example, on consultation. I hope that the Minister will assure us that children and young people will not only be recognised in the Bill but that their rights and welfare will be given serious consideration.