Equality Bill [HL]

I totally agree that the commission should have the power to comment independently on the performance of the United Kingdom against our international human rights obligations. That is an important part of the function of a national human rights institution. However, I think the amendment is unnecessary. Clause 19 of the Bill, as the noble Lord knows, allows the commission to co-operate on human rights matters with other bodies within the UK or elsewhere. Therefore, that allows the commission to co-operate with international human rights bodies. If you read that with the duties under Clause 9(1), to encourage good practice in human rights—promoting awareness, understanding and so on—this would allow it to co-operate with those bodies in monitoring the UK’s performance against its international obligations. I also do not think that Amendment No. 156 is necessary. It has the unintended consequence—I know that it is unintended—of removing the Human Rights Act from the scope of clause 12, because it replaces the Act with other human rights enactments rather than adding to it. I am sure that that is not what the noble Lord intended. Clause 12 is about monitoring the effectiveness of domestic law, which I would contend is not quite the same as monitoring compliance with that law, although the extent of compliance would influence any opinion on the effectiveness of the law itself. The point of the clause is for the commission to provide informed recommendations to Government about our domestic equality and human rights legal framework. All of the enactments to which Clause 12 currently applies are domestic legislation and are therefore within the power of Government and Parliament to amend. However, the other human rights referred to in Clause   9 are a potentially unlimited category of international treaties and not within the power of Government or Parliament to amend of their own volition. So we do not feel that it is appropriate to include them in this clause. If the commission wishes to offer opinions about or to lobby for amendments to these treaties, better to do so under clause 14(1)(a), with its power to,"““publish or otherwise disseminate ideas or information””." I shall go away and review the noble Lord’s arguments on this point to ensure that there is no lacuna in the commission’s powers. However, on the basis that I have indicated, I hope that the noble Lord will feel able to withdraw his amendment.