Clause 8 - Equality and diversity
Equality Bill [Lords]
4:30 pm
Eleanor Laing (Shadow Secretary of State for Scotland, Scotland; Epping Forest, Conservative)
I thank the Minister for explaining the purpose of the clause. I have some questions that go to the crux of the matter, as the commission’s duties regarding equality and diversity are what the Bill is all about. There are some nuances that might simply be a matter of interpretation, but which might highlight the difference between the Government and the Opposition on the basic purpose of the Bill. Before we give the clause our full support, I want to ensure that any difference is of nuance only, rather than of principle.
Will the Minister give more explanation about subsection (1), particularly in relation to paragraph (b), which provides that:
“The Commission shall, by exercising the powers conferred by this Part ... encourage good practice in relation to equality and diversity”.
What does “encourage good practice” mean? It is rather a vague term, and I do not want the Bill to pass into law in a vague form. We are charged with the duty of passing legislation, and I firmly believe that legislation should never be vague but should be precise, so that it can be interpreted with ease. Encouraging good practice could include a range of activities from running an advertising campaign to going around the country giving talks to relevant bodies or providing education in schools.
The commission is likewise charged, in subsection (1)(a), with promoting
“understanding of the importance of equality and diversity,”
but how can it promote understanding? To what extent is it required to do so? A duty under the law should not be just a vague idea that the commissioners might decide to go along a particular route or take up a particular case and talk about it; it should be much more than that: it should be a positive duty. Therefore, we need to know a little more about what is expected regarding the promotion of understanding.
Subsection (1) also provides that the commission shall
“promote equality of opportunity”.
To what extent is the commission expected to be proactive—I do not like that word; indeed, I do not think it is a real word, but it is probably the right one—rather than passively saying, “Yes, we are in favour of equality”? Is it to be active in promoting equality of opportunity?
There is no doubt that we all want to promote equality of opportunity in principle—I reiterate that we want the Bill to succeed because it promotes equality of opportunity—but to what extent does the commission have a duty to promote equality of opportunity? How much does it have to do? Does it have to publish pamphlets or take an active role? Does it have to put someone on “Richard and Judy” to talk about equality of opportunity? Apparently that is how to get the message over to most people.