Equality Bill [HL]

I am grateful to the noble Baroness, and I recognise that the CAB has been helpful to her in putting the issue forward. I am resisting the amendment because we do not need a statutory provision to make an arrangement with the Office of Fair Trading in respect of a market investigation where discrimination may be occurring. If the commission has evidence that discrimination is taking place, contrary to the equality enactments, it may conduct an investigation. Where there are unequal outcomes but no evidence that unlawful discrimination is being perpetrated, the commission itself may conduct an inquiry. As I have indicated, we anticipate that the commission will be an authoritative body. If it considers it likely that discrimination is taking place, it can bring that to the attention of the OFT or other market investigation body without the need for a provision. The amendment would not of itself imply that the OFT is required to take an action as the result of an arrangement. It is open to both bodies to co-operate in respect of discrimination issues in the market. The sentiment behind the amendment may be that the commission should work with other organisations to share knowledge about where discrimination is occurring, as the noble Baroness has indicated. It is an excellent idea that the commission forms partnerships with other bodies, such as consumer organisations, who will be aware of discrimination, particularly in goods, facilities and services. Such knowledge will be essential if the commission is able to target its resources effectively and work in those markets with organisations that are a barrier to fairness, even unwittingly.