Equality Bill [HL]

First, I am grateful to my noble friend Lady Turner of Camden for putting forward Amendments Nos. 168 and 210. That has enabled us to discuss the definition of religion and belief, which we have introduced in Clause 45 and which, through Clause 77, will amend the definition currently contained in the Employment Equality (Religion or Belief) Regulations 2003. I recognise the expertise that my noble friend brings to this area as a former member of the EOC and as a vice president of the Humanist Association. Like the noble Lord, Lord Lester, I always find it difficult if I am about to disagree with her; but I am. With regard to Amendments Nos. 168 and 210, the Human Rights Act 1998 does not define religion or belief, so the effect of the amendment would be to leave the definition to human rights case law. The courts already take into account case law when they are called upon to decide whether something is a religion or belief for the purposes of Part 2 of the Bill. They already do that in relation to the employment regulations on religion and belief and in relation to religiously aggravated offences in criminal law. We believe therefore that there would be nothing to be gained from the amendments. Indeed, explicitly referring to the Human Rights Act might exclude the courts from taking into account case law arising from the criminal offences. It may be worth summarising what some of the key case law has provided. In X v UK in 1977, the main limitation on what constitutes a religion was that it must have a clear structure and belief system. In Campbell and Cosans v UK in 1982, ““philosophical belief”” was judged to be a belief that attained a certain level of cogency, seriousness, cohesion and importance that was worthy of respect in a democratic society and not incompatible with human dignity. In Baggs v Fudge from 2005—the most recent case—it was shown that a belief in the political views of the BNP should not be considered a belief for the purposes of the Employment Equality (Religion or Belief) Regulations 2003. It may also be worth reminding the Committee that a number of definitions exist in law in relation to religion and belief and that they reflect, to some extent, the different purposes that the laws are intended to have. In criminal law, the definition used is,"““religious beliefs or lack of religious beliefs””." The same definition is used in relation to the Racial and Religious Hatred Bill, which is currently being considered in the other place. In the Charities Bill, the definition is worded in terms of belief in God. What is, however, common with all those definitions is that none seeks to define what actual faiths or beliefs are covered by the law. That is left to the courts to decide, which is proper. We can see that there might be superficial attractions in seeking to define in the Bill what is or is not a religion or belief. It would help to ease concerns that some of the more outrageous beliefs might receive protection. However, that attraction is fairly superficial in nature. We believe that we have taken the right approach. The courts are best placed to make decisions on these difficult matters, taking into account all the information that they will have before them. That approach has worked well with existing legislation and we hope that it will have the support of everyone in relation to the Bill. I understand why the noble Baroness, Lady Miller, prefers her own interpretation, but we think there may be difficulties ahead there too.