Clause 3 - General Duty
Equality Bill [Lords]
12:30 pm
Eleanor Laing (Shadow Secretary of State for Scotland, Scotland; Epping Forest, Conservative)
I beg to move amendment No. 55, in page 2, line 5, leave out ‘to participate in society’.
Clause 3 was the subject of a great deal of debate in another place. My noble Friend Baroness Miller succeeded in persuading Ministers to amend it, so that the general duty imposed by it is as set out in the new version of the Bill. I commend my noble Friend and all who supported her on their achievement in this respect. I am pleased that the Government have not sought to restore the original wording, because the clause is very much better for having been amended.
Our further amendment simply deletes from subsection (d) the words “to participate in society”, so that the clause states that the commission will exercise its functions with a view to encouraging and supporting
“the development of a society in which ... each individual has an equal opportunity”.
I consider it essential for each person to have equal opportunity. That is the basis of the Bill and it is right that it be stated under the title “General duty”, which is in one of the Bill’s first clauses. We see no need for the phrase “to participate in society”; each individual simply has to have “an equal opportunity”. This subsection is much stronger for such brevity and simplicity.
James Brokenshire (Hornchurch, Conservative)
The only thing that I want to add to my hon. Friend’s very relevant comments is that the amendment would also make clause 3 consistent with clause 8, subsection (1) of which is concerned with promoting equality of opportunity, rather than promoting the opportunity to participate in society. For consistency’s sake, it is therefore appropriate to amend clause 3 so that it is clear that we are talking about a general opportunity to participate. I therefore support the amendment on the basis not only of clarity, but of consistency with the Bill’s other provisions.
Roger Gale (North Thanet, Conservative)
It is a fairly brief clause, so unless anybody has a reasonable objection, it is probably appropriate for the Minister to embrace the full argument now. Other members of the Committee will have the opportunity to respond if they wish to do so.
Meg Munn (Parliamentary Under-Secretary, Department of Trade and Industry; Sheffield, Heeley, Labour)
Thank you, Mr. Gale. As the hon. Member for Epping Forest said, clause 3 is the outcome of a full consultative policy development and significant discussion in the other place. It was shaped and developed in partnership with key equality and human rights interest groups in businesses and trade unions, and it sets out the context in which the Commission for Equality and Human Rights must exercise its duty. It does not give the commission any powers; rather, it places its role in context.
The general duty of the commission makes it clear that it is for everyone and not just for those whom we traditionally consider as being concerned with discrimination and equality issues. The clause also gives coherence to the duties that are set out in clauses 8 and 10(1), as the hon. Member for Hornchurch said, by describing the outcomes that the commission must encourage and support. Those outcomes will help to shape the commission’s three principal duties—equality, human rights and good relations—so that they work together and in the same direction. The commission should exercise its powers with a view to encouraging and supporting the development of a society in which prejudice or discrimination do not limit people’s ability to achieve their potential. In that way, it will fulfil its remit on equality of opportunity and anti-discrimination.
The commission will be required to encourage and support a society in which all people are valued. In ensuring that everyone has an equal opportunity to participate in society, the commission goes beyond the traditional understanding of equality and fair treatment. That links with the requirement to support good relations between groups.
Amendment No. 55 would change the paragraph that deals with equality of opportunity by removing the last four words. I am pleased that all members of the Committee recognise the importance of equality of opportunity, and I know that the hon. Member for Epping Forest understands the importance of ensuring that the talents and skills of all are realised, and that all are able to make a contribution. That will have the obvious benefits to the economy and society that we have discussed before. One of the commission’s key roles will be to tackle the discrimination that denies opportunity to many.
The clause would be weakened if the reference to participating in society were dropped. That phrase indicates the need to equip individuals with the opportunity to take part in society in the broadest sense: not just in employment, in social and political life, or as members of the community, but in all those senses. The reference to society in no way downplays the need to provide opportunities for individuals and to equip them to realise their goals and aspirations in their careers, or otherwise; nor does it downplay the business benefits of a diverse work force. It is not limiting in any way.
It is intended that the clause go wider than later clauses; in doing so, it sets a much wider context. As the hon. Gentleman rightly pointed out, further clarification is provided in clause 8. I accept that it is an ambitious and aspirational clause. It describes the outcomes that we seek for society, and it establishes the commission’s role in encouraging support for, and development of, such a society. I hope that, having heard my description, the hon. Member for Epping Forest will be content to withdraw the amendment.
James Brokenshirerose—
Mrs. Laingrose—
Roger Gale (North Thanet, Conservative)
Order. I should explain to the hon. Gentleman that the reason why I look around the Room is that once the Chairman calls the mover of the amendment to sum up, there is no further opportunity for anyone else to intervene. For the benefit of those hon. Members who may not have served on a Committee before, I point out that you take your chance, or you miss it.
Eleanor Laing (Shadow Secretary of State for Scotland, Scotland; Epping Forest, Conservative)
I certainly do not wish to prevent my hon. Friend from speaking; he is giving me valued support in scrutinising the Bill.
I accept what the Minister says. I do not wish to be pedantic and to argue about the verbal structure of a particular clause if it can be interpreted in a broadly consistent manner. However, I reserve the right to do so when we disagree on the detail. The important thing about clause 3 is that we all admire the aspirational nature of the general duty within it. There are greatly differing views on how one achieves equality of opportunity, but there is no doubt that we must strive to achieve it. I therefore beg to ask leave to withdraw the amendment.