Clause 49 - Section 48: exceptions
Equality Bill [Lords]
12:30 pm
Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
As the hon. Member for Beaconsfield pointed out, clause 49(3) gives the Secretary of State order-making powers to vary exceptions in the light of experience. I hope that I can reassure him that the Government do not intend to establish powers under this clause that would drive a great hole through the Bill. Far from it. We want a facility to ensure that we can make minor adjustments and amendments to the Bill in the light of experience. Through our engagement with stakeholders across the board we have arrived at a set of well worked proposals that will, largely, work in practice. However, we want to allow ourselves the flexibility and room to improve the measure in the light of experience. Debate on a previous clause showed that there is a need always to maintain the right balance between institutions’ and individuals’ interests. Through experience we may learn to achieve that slightly better than we now envisage.
Amendment No. 112 would remove the power to repeal an exemption. That would render us helpless if, in the light of experience, we discovered that an exemption in the Bill was not having the intended effect and was disadvantaging certain groups. All members of the Committee would want us to be able to change that. Amendment No. 113 would restrict the power to make changes to the application of the test of reasonable justification in relation to indirect discrimination in schools. I cannot speculate now on what the particular instances might be. If I could see that far into the future, I might have brought them forward for inclusion in the Bill. However, we need the power to make such variation as we learn from experience.
Amendments Nos. 114 and 115 would remove the provisions to allow a degree of flexibility in an exception or clarification that might be needed in different geographical locations. That involves an important point. Education is a devolved matter, but the issue of equality is not, so we need to ensure the right balance between our equality legislation and the different systems for providing education around the United Kingdom. We do not have a one-size-fits-all approach and we need the facility to develop things accordingly.
I know that the hon. Member for Beaconsfield has strong views about order-making powers and I did not think for a minute that he would let an opportunity go by to bring those concerns to the attention of the Committee. However, the affirmative procedure is to be used and both Houses would need to agree any amendments in the normal way. Such opportunities can arouse significant debate in and out of Parliament. All that would be dealt with properly and in consultation with stakeholders, in a coherent and positive way. I hope that notwithstanding his general reservations about order-making powers, the hon. Gentleman will see the merits of those set out in the clause as an opportunity to improve the Bill in the light of experience.