Equality Bill [HL]

moved Amendment No. 129:"Page 17, line 2, leave out from ““Commission”” to ““if”” in line 3 and insert ““shall consider any application for assistance from an individual and may provide assistance””" The noble Baroness said: Amendments Nos. 129 and 131 were to be taken with Amendment No. 128. They are small but important amendments. The commission should be under a duty to consider all applications for assistance. The existing commissions all have that duty. If it were omitted from the new commission, that would be a breach of the ““no regression”” principle enshrined in the relevant EU directives. The amendment does not seek a requirement to provide representation in all cases of merit, but a discretionary power that can be exercised in a limited number of strategically important cases. It creates access to justice; such access was a fundamental principle that underpinned the introduction of the SDA, the RRA and the DDA. Its removal from the commission would remove the right of some victims of discrimination to apply for assistance. That would be a backward step that I hope that the Government will not take. I shall turn to Amendment No. 131. The casework function at the existing commissions has a crucially important role, yet there is no reference to casework or caseworkers in the Bill. Only a few cases handled by the commissions receive fully funded representation, but the caseworkers prove invaluable to the commissions. They provide pre-litigation advice work. Their expertise lies in their first-hand knowledge of problems, trends, barriers, motivations, emerging issues and possible solutions. They identify test cases that have the potential to benefit whole groups and communities, and they raise awareness with employers and organisations. Caseworkers’ experience and knowledge is used to develop good practice guidance, codes of practice, education and the promotion of equality of opportunity. Casework would add to the work of the commission significantly, and I hope that the Minister will consider the amendment. I beg to move.