Clause 51 - Public authorities: general
Equality Bill [Lords]
4:00 pm
Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West and Abingdon, Liberal Democrat)
Again, we are grateful to the hon. Gentleman for tabling these amendments so that we can have focused discussion on this part of the Bill. The clause represents a narrowing of the original terms of the Bill. That was achieved, with or without the Government's agreement at first sight, in the House of Lords. In respect of paragraph (g), I would make the same comments as the hon. Gentleman has just made.
However, there is a problem with paragraph (f). In human rights terms, the Government might be able to cite in any event an objective justification for taking action to deny someone the right to be here. That may well engage issues to do with the enjoyment of their private life which is effectively indirectly due to their religion. However, that would be subject to an objective justification.
In respect of the discrimination measures, the Government must have some form of exemption, in case the concern is about not only the behaviour, but the presence in the UK. The test is not about behaviour in respect of the public good. It is that the exclusion or refusal of entry clearance would be conducive to the public good.
It would be interesting to note to what extent the experiences of Reverend Moon required that sort of provision. I imagine that he was excluded not directly on the basis of his religion, but on the basis of something quite closely connected to it. Although the Government suffered a reversal in the courts, perhaps on a technicality, that example prompts questions about whether it would be fair for the Home Secretary to use such powers of exclusion and removal against people on the basis of religion, when, from that religion's point of view, that is done simply because its adherents are not understood or because its religious opponents—religions do have opponents—are besmirching them. Clearly, there is an appeal right, but it would be useful to hear from the Government how often it is anticipated this sort of exception would be engaged under the statute.
Both the relevant paragraphs include, in brackets, the words
''but this exception does not have effect in relation to harassment'',
and I am not sure whether those were deliberately left in, following the removal of harassment from the provisions, whether it is intended to tidy things up, or whether it is reasonable to keep the wording in any event. It might well be, but I should be grateful for clarification.