Clause 52 - Discriminatory practices
Equality Bill [Lords]
5:15 pm
Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
Although this also relates to other aspects of the Bill, it is worth saying that the discrimination law review will consider many of the issues on which we are touching and we need to set our remarks in that context.
The Government tabled amendments in the other place to bring the clause more closely into line with the equivalent provisions in other discrimination law, including the Race Relations Act 1976 and the Sex Discrimination Act 1975, by restricting its application to practices that would be likely to result in indirect discrimination. We should pay tribute to the work done by colleagues on all sides in another place to improve the Bill in that regard.
The intention of the discriminatory practices provision is to enable the Commission for Equality and Human Rights to prevent unlawful discrimination by bringing proceedings in situations where no actual complaint has yet been received, but where unlawful behaviour might occur if such practices continue. Of course, we hope that the commission, through its advocacy and proactive work, will seek to persuade those who might adopt such practices that they are heading down the wrong track and need to mend their ways. Amendment No. 126 would remove that ability entirely.
Amendment No. 125 would allow proceedings to be brought only when the CEHR could show that unlawful discrimination would definitely occur as a result of the practice concerned, and not when it was only likely to occur. If a person could show that discrimination would definitely occur, then by the time that action was brought, the discrimination would probably have occurred. The person would then have a real case, and would not need to take the preventive approach that we are providing under the provision.
In deliberations with the hon. Gentleman on other Bills, I have learned a lot about the word ''likely''; I understand that it means ''probable'' in legal terms, but even so, it does not mean ''definite''. It is important that we retain the power in the provisions.