Clause 62 - National security
Equality Bill [Lords]
6:43 pm
Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
I will need to write to the hon. Gentleman to specify the precise circumstances in which a Minister would sign the document and the extent to which it would be a matter for the court, acting on advice from officials representing the institutions of national security. If there is in fact no difference between those two things, I shall want to make that clear in my letter.
Earlier, we touched on the point that national security cannot be compromised. Even where an element of discrimination might be inherent in an activity, national security must take precedence. We have sought to make that clear in clauses 62 and 70, as well as in other clauses debated today.
As we are touching on clause 70, it may be appropriate to say that it provides for rules of court to enable the court hearing proceedings under this part of the Bill to exclude a claimant or his representatives from the court. Of course, there would be proper judicial support for that individual, who would be able to make a statement prior to the proceedings. The clause also provides for the Attorney-General or the Advocate-General for Scotland to appoint a lawyer to represent the claimant's interests in such cases. There is therefore considerable judicial support for that individual, albeit that it is necessary at times to exclude them from the proceedings.