Equality Bill [HL]

The provisions in Clause   30 go back 30 years to the Sex Discrimination and Race Relations Acts. They are in substance exactly the same. I am not aware of any hard cases during those 30 years that have arisen in practice in which a respondent or defendant has been unable to defend himself through lack of means. That is an exaggeration: I can remember one case about 20 years ago where a small employer was in that situation. I would be interested to know whether any other evidence from large or small businesses or trade unions has ever been produced. The reason why the amendment could not work is that the commission would face an inevitable conflict of interest if it is to promote compliance with the equality legislation and give assistance to alleged victims on the one hand, and on the other hand is expected to fund and assist the party on the other side. As noble Lords will know, in its investigative powers the commission takes the side of securing compliance with the law. It cannot take both sides because there would be a conflict of interest. ““McLibel”” was a rare case that went to Strasbourg. No legal aid was available in such defamation cases. McDonalds employed leading and, no doubt, expensive counsel for more than two years, and two impecunious, radical, courageous, anti-McDonalds individuals had to defend themselves in person in the High Court. That led the European Court of Human Rights to decide that it was so patently unjust that there had been a violation of the fair hearing requirements of the convention. In cases where legal aid ought to be provided, the Legal Services Commission is always available to provide legal aid to an impecunious respondent or defendant or to an impecunious claimant. It is not the job of the equality and human rights commission to fund both sides. Were it to do so, it would be placed in an impossible position with an inherent conflict of interest. I do not believe that in the past 30 years there have been proven cases of real injustice—I can remember only one, and that was very special. I believe that the CBI, other business organisations, trade unions and professional bodies are able to come to the assistance of individuals. Insurance can be taken out to cover this, and it is not possible for the equality commission to act as a neutral, impartial funder for the reasons that I have given.