I wonder whether the Minister can help me. I am unclear about how that will work in practice.
It is not clear why Parliament cannot take the decision, rather than the Secretary of State at some future time. That is an issue of principle. I shall give a practical example, however and ask for help. Suppose that I am arguing a combined case and that the other side say, ““Take the equality point first and the human rights point second””. They will know that I cannot get assistance for the human rights point from the commission. So I argue the equality point first, and I fail. At this point the funding disappears for the second point.
I have then got to consider what is to be done on appeal. I think that I should win on both points. Under this rigid scheme, whose flexibility we can only hope will occur in the future, if the Secretary of State makes an order at some future date, how will I, as the litigant, be able to secure justice by way of appeal? I am not talking about principle, but the practical implications seem not to be workable.
How would the Minister solve that kind of problem under her scheme in a way that allowed both issues to be litigated and supported at first instance and then litigated on appeal in a way that allowed them to be combined again and continued before the combination occurred again? I fear that, as with many well intentioned schemes, a lot of court time and legal costs will be wasted in sorting out this kind of problem.
Equality Bill [HL]
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Monday, 11 July 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Equality Bill (HL).
About this proceeding contribution
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673 c972 Session
2005-06Chamber / Committee
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