Clause 27 - Conciliation
Equality Bill [Lords]
1:00 pm
Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West and Abingdon, Liberal Democrat)
I beg to move amendment No. 95, in clause 27, page 15, line 38, at end insert—
‘(h)the Human Rights Act 1998 (c. 42).’.
Welcome back to the Chair, Mrs. Anderson. The amendment would include the Human Rights Act 1998 in the list of regulations and Acts under which the commission may make arrangements for the provision of conciliation services for disputes. The Government intend, as the explanatory notes show, to allow the commission to make arrangements for the provision of conciliation services only for the equality enactments and specifically not under the Human Rights Act. The Government might show some give in the interests of human rights and conciliation. Perhaps the Minister can offer some conciliation in response to the amendment. She shakes her head, but I am sure that her response to my arguments will be conciliatory. Who knows, I may even withdraw the amendment if she can offer me some comfort.
The main point is that it has been questioned—particularly with regard to the view of the Joint Committee on Human Rights—whether, under this Bill and the previous one, the commission should allow legal assistance to be given in human rights-only cases. The Government have argued that that would not be right. The Joint Committee accepted that in its report published in the last Session, when I was not a member of it, and the Minister will note that I do not seek to make that point by way of an amendment. The Joint Committee’s view, given in its report on the previous Equality Bill, was that that was a quid pro quo and the general human rights duties of the commission might well be thought to extend to enabling conciliation to ensure that people understand, and can secure protection of, their human rights. For that reason, it seems to be in keeping with the general duties of the commission for it to be able to provide conciliation in such areas.
Given that the alternative to legal action is conciliation and that part of the commission’s role, as clause 9 states, is to
“promote understanding of the importance of human rights ... encourage good practice in relation to human rights ... promote awareness, understanding and protection of human rights, and ... encourage public authorities to comply with section 6 of the Human Rights Act 1998”,
it would seem that conciliation would naturally flow within that role, without breaking the Government’s rule that the commission should not aid individuals in specific legal action.
Will the Minister consider providing such a facility for the commission? It would be a more balanced approach than that in the Bill. I am not entirely clear about the Government’s arguments against giving the commission that power. Perhaps it is best if I wait to hear what they are and then seek to catch the Minister’s attention so that I can intervene and probe further, if necessary.