Equality Bill [Lords]

With respect, that is not greatly relevant to the Bill. The issue is not what one individual thinks of another but the activities of some churches, which are defined by a statement of faith and their ethos. They legitimately carry out their activities and determine membership on the basis of their statement of faith and ethos. They are concerned that, without proper protections, the Bill could proscribe their activities. Let me move on to a separate point that my hon. Friend the Member for North-West Norfolk (Mr. Bellingham) helpfully raised—Baroness O’Cathain raised it in another place—about the commission’s power to back a legal action brought by an individual, and the use of its powers in judicial review, investigation and enforcement. It is important that we have a proper approach and that we recognise that legal action over, for example, religious liberty may mean that, on one side, we have the substantial financial and legal resources of the commission and, on the other, a defendant with limited resources who may be disadvantaged. There could be proceedings against a church or religious charity that would be left struggling to find the money to pay for lawyers. That inequality of resources could result in a miscarriage of justice. In the other place, the Under-Secretary of State for Constitutional Affairs responded by effectively saying that bad cases could never succeed. She shows a great deal of faith in the system—I suppose that she would, given that she is an Under-Secretary in the Department for Constitutional Affairs—but perhaps, after 11 years as a solicitor, I can be a little more sceptical about the system and its practical effects. Without proper resources and proper advice, many a litigant’s claim would be less likely to succeed. The commission’s intervention in an individual legal action could turn it into a David-and-Goliath battle. Ironically, the human rights legislation needs to be carefully examined to ascertain whether the equality-of-arms principle is fulfilled in the instance that we are considering. I hope that the Government will reconsider, especially about some form of assistance for those on the receiving end of legal actions that the commission back. Perhaps assistance should be strictly limited to non-profit-making organisations or, indeed, means-tested. The Under-Secretary in the other place sought to allay fears about proper assistance for representation by relying on the Access to Justice Act 1999, which provides scope for assistance when public funding is not normally available. However, in practice, that is an exceptional route to follow. It is not often allowed by the Legal Services Commission. I respectfully suggest that the Government should consider explicit provision for legal assistance and funding for those who are on the receiving end of legal action by the commission.