Equality Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 25. I will not go into the need for exceptions for education in the Bill, as that is well trodden ground and most people agree that the exceptions are needed to a certain extent, especially for faith schools, the operation of which the Bill is in no way intended to undermine. We have included exceptions protecting faith schools from provisions specific to educational establishments to maintain the status quo of the right of faith schools to operate as such. However, it was argued in Committee in the other place that, as it stood, the exemption would make it lawful for faith schools to exclude an existing pupil and/or subject an existing pupil to any other detriment on grounds of religion or belief, and that that goes further than is required to protect faith schools. We therefore agreed to consider the matter further. These are complex areas and we gave the matter much consideration, consulting both the Church of England and the Catholic Church. On the matter of exclusion, we concluded that it would not be right for a faith school to exclude one of its existing pupils purely on the ground of religion or belief. Furthermore, that would be contrary to school guidance on exclusions, which stipulates that behaviour must be the only consideration. We therefore propose to remove that exemption. On the matter of other detriment, we tried to identify any actions constituting direct or indirect discrimination, falling within that term, that faith schools might wish to take and would be justified in taking, and which would not be adequately protected against by other exceptions to the legislation. But we drew a blank. In the absence of any firm examples of possible justifiable other detriments, we therefore propose also to remove that exclusion. I want to make one thing very clear. Nothing about the amendment is intended to suggest that we believe that faith schools are likely in practice to discriminate against children of other or no faith. In the absence until now of legislation in this area, I am unaware of any evidence to the contrary. The amendment simply recognises that the exceptions to discrimination legislation must be tightly drawn. The exemptions for faith schools have been the subject of much consideration and debate, not to mention a whole raft of amendments in your Lordships’ House and another place. We have tried to listen very carefully. We have considered views from all sides of the debate and we believe that we have now got the balance right between the protection of pupils and the protection of schools. However, the Bill contains regulatory powers to alter, to add or to remove any education exemptions. We think that these powers are critical, because if, in practice, there is evidence that the exemptions for schools are not working as we intend them to do, the necessary changes can be made following full consultation with all key stakeholders. Moved, That the House do agree with the Commons in their Amendment No. 25.—(Baroness Ashton of Upholland.)