Equality Bill [Lords]

Government amendment No. 11, like most of this group, is minor and technical. It corrects an anomaly in referencing in the Bill. Our intention is to oblige the commission for equality and human rights to inform the recipient of an unlawful act notice of the effect of the commission’s clause 24 power, which enables it to apply to a court for an injunction in England and Wales or an interdict in Scotland to prevent discrimination. As drafted, the commission’s obligation is restricted to informing the recipient of an unlawful act notice of its power to apply for an injunction in England and Wales, but not Scotland. That is not our intention. Amendment No. 11 therefore extends the obligation on the commission to include a reference to its power to apply for an interdict in Scotland. The motion to transfer clause 28 is also a minor and technical matter. It does not alter the content or effect of the clause but moves it to the end of part 1. Clause 28 gives powers to the Disability Rights Commission for matters concerning rented accommodation in Scotland in the period before the new commission is operational. It is therefore more appropriate for it to be located at the end of part 1 under the ““Miscellaneous”” heading than with clauses that confer enforcement powers on the commission for equality and human rights. More important, in its current position, the commencement of the clause would, because of clause 42, end the transitional period that precedes the new commission taking on its powers in October 2007. Unlike the other clauses, the commencement of which ends the transition period, clause 28 does not confer any powers or duties on the CEHR. The substance of the Disability Rights Commission’s equivalent powers for rented accommodation in England and Wales, which were conferred by the Disability Discrimination Act 2005, will come into force on 4 December 2006. As explained in Committee when the amendments were tabled, we are working closely with the Scottish Executive to ensure that the DRC’s powers in relation to Scotland come into effect on the same day as in England and Wales. The transition strategy for the commission has been planned to allow time to ensure that the most suitable candidates are appointed to the board. Ending the transitional period prematurely by leaving the clause in its current location would seriously jeopardise an effective transition. It is therefore necessary for the clause to be moved as proposed. Amendment No. 12 is also a minor technical amendment, which, I hope is self-explanatory. It simply corrects the grammar of clause 46(3)(b). It makes no change to the effect of that paragraph. Amendment No. 15 is a more substantive amendment, responding to concerns raised earlier as well as in the fourth report of the Joint Committee on Human Rights. In Committee, the hon. Member for Oxford, West and Abingdon (Dr. Harris) tabled amendments to modify the exemption for schools of a religious character from the discrimination provisions. I promised to consider his arguments, which appeared to have some substance, and the amendment is the result. The Government are committed to maintaining the status quo as far as the right of faith schools to operate as such is concerned, and that necessarily means that they must be free to discriminate on the ground of religion to the extent necessary to make that a reality. In view of that need, faith schools are currently exempted entirely from the provisions specific to educational establishments. We remain convinced that faith schools must be exempt on admissions and on provision to pupils of access to any benefits, facilities or services. In common with other schools, they are also exempt regarding the curriculum and acts of worship or religious observance organised by or on behalf of the school. However, the hon. Member for Oxford, West and Abingdon argued that making it lawful for faith schools to exclude a pupil or subject a pupil to any other detriment on the ground of religion or belief goes beyond what is needed to protect their position. We have given the matter much consideration since Committee and officials have been in discussion with the Anglican and Catholic Churches. Exclusion from school is a serious matter that neither the Government nor schools take lightly. Existing guidance for schools sets out that a pupil’s behaviour must be the only factor to consider in matters of exclusion. It therefore would not be right for faith schools to exclude an existing pupil purely on the ground of religion or belief. I do not believe they would wish to do that but it would be wrong to give the impression in the Bill that the Government are in two minds about the matter. We therefore propose to remove that exclusion. Detriment is a wide concept that is loosely defined in law. We have been trying to identify any actions that constitute direct or indirect discrimination, falling within that term, that faith schools would wish to take, that they would be justified in taking and that would not be adequately protected by other exceptions to the measure. So far, we have drawn a blank. On the other hand, it is possible to think of unreasonable and unjustifiable actions—and, let me say, highly unlikely ones—that the exception might appear to allow. Hence our conclusion that we should also remove that exception. It is unnecessary and risks giving the wrong impression. Let me make it clear that nothing about the amendment is intended to suggest that we believe that faith schools are likely in practice to discriminate against children of other faiths or of none. In the absence until now of legislation on such matters, I am not aware of any evidence to the contrary. The amendment simply recognises that exceptions to discrimination law must be tightly drawn. During the passage of the Bill, the education exemptions, especially those regarding faith schools, have been the subject of much consideration and debate, not to mention a raft of amendments. That has demonstrated the depth of feeling, the importance and necessity of exemptions and the need to strike the right balance between the protection of pupils and the needs of schools. We have listened to and carefully considered views from both sides of the debate and believe that we have now struck the right balance. However, the Bill contains regulatory powers to alter, add or remove any education exemptions. We believe that those powers are crucial, since if, in practice, there is evidence that the exemptions for schools are not working as we intend, the necessary changes can be made, following full consultation with all key stakeholders.