Equality Bill [HL]

I understand the point of these amendments, as moved by my noble friend Lady Gibson. I sympathise with the intention behind them, not least because the commission will be the expert on discrimination and harassment, and part of its role will be to give advice to employers and businesses on the work that it does. It would be within the expertise of the commission to draft the action plan. However, I think that it would probably be less effective. I think that it is important for the discriminator to ““own”” the solution to the problem. The discriminator has to consider the circumstances in which the discrimination has taken place and come up with the ways of stopping it. It has to be a home-grown solution. After all, they are best placed to understand how their organisation works and the practices and policies within it. They are usually best placed to prepare the action plan to be implemented to stop it occurring again. I accept, however, that there may be circumstances, as my noble friend indicated, where that is onerous and difficult. I can say categorically that I would expect and have every confidence that the commission will provide assistance and guidance. The provisions in place for the commission to approve the draft and to require a redraft within a specified timescale, and to make recommendations about the redraft, reflect the proper role for the commission in supervising and approving the plan, but not actually preparing it. Nevertheless, if the commission is dissatisfied with the plan or one is not submitted, it can apply to the court to require an action plan to be submitted or to be revised in accordance with any directions about its content. Thus, through the courts, there are means by which someone could be required to prepare an action plan that is adequate and meets the requirements of the commission. Ultimately, it has to be for the ““discriminator””—to use the terminology that I have here—to own the solution to the problem and find ways of doing it. However, on the basis that the commission needs to provide advice, support and guidance to them, I hope my noble friend will feel able to withdraw her amendments.