Schedule 3
Equality Bill
2:30 pm
Evan Harris (Oxford West and Abingdon, Liberal Democrat)
The hon. Gentleman raises a fair point that these are very wide exemptions and he seeks, by probing their elimination, to question the justification for the Whip. I think that he is right to do that. The critique is that the exemptions are too wide, not that the restrictions on them that apply to other organisations, such as religious organisations, are too narrow. When Liberty urged the Committee to probe the Government on those points, I do not think that it had in mind that the religious exemption for discrimination should be widened. I think it had in mind my interpretation, which is that the exemptions are too wide.
I look first at the application of paragraph 1 of schedule 3, which is about section 27 and regards discrimination where services apply and the provision of those services to “a function of Parliament” and
“a function exercisable in connection with proceedings in Parliament.”
It goes on to explain:
“Sub-paragraph (1) does not permit anything to be done in contravention of that section to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.”
The amendment would omit the whole of paragraph 1 and that could be quite tricky.
What examples do the Government seek to reserve other than the right of Parliament to legislate? Of course we recognise that we cannot have legislation in normal statute that prevents Parliament from legislating as it wishes. However, in terms of the way that the House functions, is it right for there to be unjustified discrimination? Surely if something happens in the House in order to make it run efficiently, it would be possible to justify that discrimination.
For example, if it was felt necessary to make people who wanted to secure a seat in the Chamber for the rest of the day attend prayers, even if they did not wish to participate in them, that could be objectively justified. Excluding the way that Parliament works from the law, prevents anyone from challenging that provision and requiring an objective justification for the fact that in order to retain a seat—unless they can fill in a pink card to demonstrate that they have been on a Select Committee or another Committee, and could not be there for prayers—they must attend prayers. At least people are not forced to go along with the prayers if they are not of that religion, but I do not think that there are many places where adults are expected to sit through prayers against their will in order to secure a service. It is not a big deal, and I have not sought to highlight it as such, but it is an example of where if such a measure can be justified, it should be justified.
The issue goes even wider. There are some local councils that seek to introduce prayers, for example, as part of their proceedings. A parish councillor in Devon, Councillor Boughton, was referred by his council for disciplinary procedures for refusing to participate in prayers, even though he was not religious. He preferred to listen to his iPod during prayers and the other councillors felt that was a breach of his conduct. People might feel that that was wrong, but if people elected to public office are expected to do something and do not want to because they do not share that religious—or any other—view, they should not, then, encounter barriers that prevent their full participation.
The amendment to schedule 6 is also quite apposite because the exemption is extremely wide and it is not clear why. I hope the Minister will explain the justification for such a wide exemption. To say that life peerages and honours do not have to be objectively justified when they might appear to be discriminatory seems peculiar given that that is a route in this country to status, access to power and—arguably—to some special privileges. It is reasonable, then, to ask for them to be subject to the need for justification if questioned, rather than having a carte blanche exemption. The hon. Gentleman has done a service on behalf of Liberty in identifying how wide these exemptions are.