Equality Bill — Committee (3rd Day)

Part of the debate – in the House of Lords at 4:30 pm on 19 January 2010.

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Photo of Baroness Warsi Baroness Warsi Shadow Minister (Community Cohesion and Social Action), Communities and Local Government 4:30, 19 January 2010

First, I make it clear that we support the Government in retaining the reservation. We supported them when the reservation was introduced with regard to the United Nations Convention on the Rights of Persons with Disabilities to retain the right to introduce wider health screening for applicants entering or seeking to remain in the United Kingdom. We have therefore tabled this probing amendment with the aim of asking the Government some questions pertinent to this area, and I hope that the Minister will be able to furnish the noble Lord, Lord Ramsbotham, and me with some answers to our queries.

The amendments tabled by the noble Lord would greatly narrow the exceptions to the application of Clause 29. Amendment 58ZE, for example, would mean that even the Secretary of State could not make immigration decisions without being subject to the prohibition of discrimination in the provision of goods and services. The amendments would go too far. We agree that the reservation of the public good is an acceptable one. The Explanatory Notes state that it is a new exception that was obviously not required before, because the previous Disability Discrimination Act did not prohibit direct discrimination in the provision of services or the exercise of a function, because disability-related discrimination that did apply to these areas already included the proviso that it could not endanger the health or safety of any person. On those grounds, can the Minister assure the Disability Charities Consortium that this is not in any way a regressive step?

Moreover, can she inform the House what the exact intention is regarding the interpretation of the phrase "for the public good"? The Disability Charities Consortium is nervous that it may be used to apply to cost-for example, the additional costs that may be incurred if a migrant with learning difficulties is allowed to enter the UK. Does the Minister envisage that this example would be affected by this part of the Bill? I would be interested to hear an explanation of where it is hoped that the threshold of "for the public good" would lie. Moreover, what guidance is available to aid interpretation in this area?

Is there a concern that, if it becomes well known that certain conditions would not be welcome, that might discourage potential immigrants from having tests to identify them? Is there any reason to believe that this could be a legitimate worry? I look forward to the Minister's response.