Equality Bill [HL]

I am grateful to the noble Lords, Lord Lester and Lord Dholakia, to the noble Baroness, Lady Stern, and to my noble friend Lady Lockwood for tabling these amendments. During the winding-up speech of my noble friend Lady Ashton at Second Reading on 15 June, she set out the current position on harassment under the Sex Discrimination Act, to which the noble Lord has alluded. She confirmed that it is not currently expressly covered. She also informed your Lordships that most instances of harassment already fall within the concept of discrimination because of the way in which case law has developed. However, as the noble Lord rightly said, the Sex Discrimination Act will be amended very soon to introduce an express statutory concept of harassment in relation to employment and vocational training. This amendment to the SDA will be achieved through regulations made to implement the Equal Treatment Amendment Directive. I am putting it this way so that we can agree where we are. These regulations are planned to come into force on 1 October. Following this change, it is our intention to ensure that a prohibition of harassment is expressly included alongside the provisions in Clause 81 of the Bill prohibiting sex discrimination in the exercise of public functions. We intend also to introduce a comparable provision in the gender duty in Clause 82, which introduces the gender duty, that places a specific obligation on public bodies relating to the elimination of harassment which parallels that already in place for discrimination. Since Second Reading we have taken advice from parliamentary counsel as to the best drafting approach to make such an express reference to the Equality Bill once the Sex Discrimination Act has been amended by the ETAD. Following parliamentary counsel’s advice, we intend to bring forward on Report what we hope will be a straightforward government amendment which will ensure that both Clauses 81 and 82 contain explicit references to harassment. However, I am not sure whether the noble Lords’ amendment is the correct form in which that should stand; I need to receive the correct wording from parliamentary counsel. As soon as we have that, I shall be very happy to write to all Members of the Committee when tabling the amendment so that everyone is informed that we have got it right. I hope that meets the questions raised by the noble Lord. When we have the wording, we will be able to move forward appropriately.