Scotland Act 1998 (Modifications of Schedule 5) Order 2006

I, too, have pleasure in agreeing that the measure seems appropriate. The extension of the operation of the Equality Bill to Scotland in respect of reserved powers seems entirely right. However, there are some areas of uncertainty about how that will work in practice and where the lines will be drawn between the work of the Commission for Equality and Human Rights and the work of the commissioner to be appointed under the legislation that is passing through the Scottish Parliament. The Bill clearly defers to the powers of the Scottish commissioner but, in evidence given to the Justice Committee of the Scottish Parliament earlier this month, reference was made to a memorandum of understanding being drawn up between the two officials—or, at least, between the equality commissioner and the commissioner in Scotland. It is a little odd, but it may be unavoidable, that there should be such uncertainties, particularly compounded by the fact that neither the Equality Bill nor the Scottish legislation has yet reached a conclusion. It seems perhaps not precipitate but a little premature to introduce statutory instruments that are consequential on the conclusion of the Bill. I make no particular point about this, save that if there had been a dialogue between the two agencies it would have been possible to be clearer about whether the memorandum of understanding would affect people’s legal rights, and whether it would be appropriate for them to pursue alleged infringements under one or other procedure. That is pretty significant. But I acknowledge that the general principle of leaving to the Great Britain commissioner those matters that are reserved and to the Scottish commissioner those matters that are devolved is a broad principle that may be sufficient at this stage.