Equality Bill [Lords]

The legal effect of this amendment is highly ambiguous and for that reason alone the Government must oppose it. In particular, the reference to clause 31(1) does not work. If the purpose is to override the victim test in section 7 of the Human Rights Act, we do not think the amendment is clear enough to achieve it. However, it is clear that the amendment is intended to deal with a matter—namely, the powers of a person established by Act of the Scottish Parliament—that falls within the area of devolved competence of the Scottish Parliament. It is therefore not a matter on which this House can properly legislate without the consent of the Scottish Parliament. If and when a Scottish commissioner for human rights is established by Act of the Scottish Parliament, it will be possible to consider whether any further provisions need to be made in relation to reserved legislation to give the commissioner the powers that he or she needs to carry out their duties. If so, then the appropriate way to deliver the objective would be by way of an order under section 104 of the Scotland Act 1998. Such an order would be taken forward by agreement between the Government and the Scottish Executive, and would be subject to scrutiny here in Parliament. The Bill to create the post of commissioner is still only in its early stages of scrutiny at Holyrood. It is simply premature for us to be second-guessing the debate that will take place there about the powers of the proposed commissioner. I trust that the hon. Gentleman has been reassured.