Clause 28 - Legal assistance
Equality Bill [Lords]
1:15 pm
Eleanor Laing (Shadow Secretary of State for Scotland, Scotland; Epping Forest, Conservative)
Amendment No. 83 is similar in its effect to the amendments to clause 17, under which we also discussed amendments to clauses 28 and 29. This amendment is more specific in amending the part of clause 28(3) which deals with legal assistance.
The reason for the amendment is that someone or some body could have received assistance to bring a case under the legislation; if the case was thrown out the person against whom the case was brought may have incurred very considerable costs, not only in legal advice but possibly in other practical ways. That person or body, having succeeded in defending the claim brought against them, would then be in a very much weaker financial position, which is simply not fair.
The Bill aims to achieve fairness and equality in all that it affects. Therefore, as I said in our discussion on clause 17, as a small business, charity or other body without the resources enabling it easily to employ legal advice may be affected, it is only fair for the commission to have the power that we suggest in the amendment.
This morning, the Minister accepted the principle that I raised in relation to clauses 17, 28 and 29, and I accepted that the word “person” means not just a human individual but a legal persona. However, if we accept that a case may be brought by or against a legal persona other than a person, that persona—I am running out of words because I am trying to distinguish between person, legal person and body, and having already conceded the point that we do not need the words “body” or “organisation”, it would be inconsistent of me to use those words.