Clause 52 - Discriminatory practices
Equality Bill [Lords]
5:15 pm
Dominic Grieve (Shadow Attorney General, (Assist the Home Affairs Team); Beaconsfield, Conservative)
Subsection (1) of the clause says:
''It is unlawful for a person to operate a practice which would be likely to result in unlawful discrimination if applied to persons of any religion or belief.''
Subsection (2) says:
''It is unlawful for a person to adopt or maintain a practice or arrangement in accordance with which in certain circumstances a practice would be operated in contravention of subsection (1).''
I have tabled two probing amendments, one to each subsection. The first inquires as to the use of the word ''likely'' in subsection (1)—the Minister and I seem to bandy the word about quite frequently. I seek clarification on whether taking it out would make a huge difference; otherwise, I do not object to subsection (1).
I have slightly greater reservations about subsection (2). I appreciate that it might be useful for the commission to take pre-emptive action, and that is what subsection (1) is about. However, subsection (2) takes matters a stage further, because it would allow the commission to interfere in respect of a
''practice or arrangement . . . which in certain circumstances . . . would be operated in contravention of subsection (1).''
That is a pretty sweeping power. In our courts, generally speaking, we give people remedies when something happens; we do not give massive powers to launch speculative pre-emptive strikes. I therefore wonder whether subsection (2) is necessary for the proper enforcement of this part of the Bill.