Equality Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 19 and 20. Noble Lords may recall that I brought forward an amendment to the legal assistance clause at Third Reading, to enable the new commission to support proceedings alleging that domestic legislation is incompatible with EC legislation combating discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The purpose of the amendment was to ensure that there were no fewer powers available to the new commission than are currently available to the existing commissions, as case law has determined that this power is available to the Equal Opportunities Commission. Noble Lords may also recall that, although the amendment was accepted by this House, concern was expressed about the drafting. I agreed to take this away and consider the substance further with my ministerial colleagues. After further reflection, my honourable friend the Minister for Women and Equality, Meg Munn, decided to bring forward Amendments Nos. 19 and 20 to clarify Clause 28(11)(a). Amendment No. 19 inserts a specific reference to gender reassignment, thus placing beyond doubt the statutory authority for the commission to support proceedings in respect of EC law regarding that. Similarly, my honourable friend brought forward Amendment No. 20 for the purpose of clarification. Concerns were raised in your Lordships’ House that an express reference in subsection (11)(a) to,"““equality of opportunity between men and women””," and no mention of race implied that we attached less importance to provisions of Community law relating to equality of opportunity for race. That was never our intention and, to make that very clear, we proposed the removal of the express reference to men and women. We were persuaded that the reference in subsection (11) to the discrimination grounds was sufficient to embrace Community provisions on equality. The reference to ““sex”” in subsection (11)(a) therefore includes equality of opportunity and equal treatment, which brings in equal pay matters, and so on. Consequently, we see no need for the express provision on equality of opportunity between men and women in the clause. Therefore, Amendment No. 20 proposes to remove it. Moved, That the House do agree with the Commons in their Amendments Nos. 19 and 20.—(Baroness Ashton of Upholland.)