Orders of the Day — Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

Part of the debate – in the House of Commons at 9:34 am on 14 October 2005.

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Photo of Marsha Singh Marsha Singh Labour, Bradford West 9:34, 14 October 2005

I should like to make progress.

Research shows that representation can make a real difference to the outcomes of tribunals. It has long been the view of the CABs that their clients would benefit from funded representation at tribunals, that in many cases achieving a positive resolution at tribunal stage saves further expense at a later stage and that tribunal representation should be treated in the funding code on a similar basis to legal representation.

Equalities work is set to become yet more complex. It is an expanding area, with new strands being incorporated—for example, age discrimination and transgender issues. Legislative provisions for age discrimination are due in 2006. Legislation passed in 2003 addressed religion and sexual orientation, and transgender discrimination regulations were introduced in 1999.

I am conscious that some may fear that Britain is developing a compensation culture, but that is outside the scope of my Bill, as it largely relates to injury claims, rather than discrimination claims. However, a closer examination of news reports finds that that assertion originated with the CBI in August 2001. The Better Regulation Task Force has exploded that myth, which is largely a matter of perception rather than substance. The cost associated with legal cases in this country as a proportion of gross domestic product is among the lowest in the world at 0.6 per cent.

As I said earlier, most complainants do not want their day in court but the means to exercise their statutory rights. Therefore, there are three main strands to my Bill. While providing long overdue support to victims of discrimination in employment, it will promote conciliation and arbitration. That will reduce, not increase, litigation. It will be not-for-profit, while ensuring the standard of services, and it will create parity for both parties.

As Lord Irvine said as far back as 1996:

"There is no greater unfairness than the legally unrepresented applicant against the legally represented employer in industrial tribunal cases".

He also said:

"Article 6 of the European Convention on Human Rights establishes the principle of 'equality of arms' in the context of criminal law, but arguably the principle extends to all proceedings involving the determination of civil rights and obligations. As a result of lobbying by human rights lawyers, Immigration Adjudicator and Immigration Appeal Tribunals have now been brought into the scope of Community Legal Service funding."

Writing in 1998, in the foreword to the white paper, "Modernising Justice", he also said:

"People need to have ways to uphold their rights and defend their interests in their dealings with others including employers, retailers, service providers and the state. It is not enough for people to have rights; they must be confident they can enforce those rights if need be. This was the purpose behind the Human Rights Act 1998, which enables citizens to enforce their fundamental rights through the British Courts."

Now is the time to ensure that victims of employment discrimination have the same equality of arms, so that they, too, have the necessary resources available to them to exercise and realise their human rights. We are talking about the most vulnerable people in the workplace: young people, ethnic minorities and people who have been discriminated against because of religion or gender. At election time or during the meetings that we attend, we can wear our hearts on our sleeves and say how much we oppose discrimination and how much we support equal opportunities and a multicultural society, but discrimination is still prevalent. Unless the vulnerable groups facing discrimination have access to justice, all our protestations about equality sound rather hollow. It is time to change that situation. Discrimination has no place in our society; it has no place in a civilised society.