Equality Act (Sexual Orientation) Regulations 2007

My Lords, given the controversy that has been evident tonight and which has surrounded the regulations since they were published, I am not sure that the Minister willbe entirely happy that equalities are now the responsibility of her department. The irony is thatthe legislation that dealt with all other areas of discrimination and has been mentioned so often tonight was the Equality Act 2006. Had these provisions been dealt with then rather than as a later add-on, much of the debate and controversy which they have generated both here and in the Northern Ireland regulations would have been dealt with then under primary legislation and in a manner that would have ensured that there could be time for proper parliamentary scrutiny, including the tabling and discussion of amendments. The noble Earl, Lord Ferrers, made that point quite clearly. Arguably, that could still have been achieved if the Secretary of State, Ruth Kelly, had been able to respond positively to a proposal put to her by my honourable friend the shadow Secretary of State,Mrs Caroline Spelman. In her letter of 5 March, she suggested that the Government should consider proceeding by way of a statutory instrument to amend the original Act. That would have ensured that there could have been full discussion on all aspects of the sexual orientation provisions. That would have given them much more detailed and satisfactory consideration than the House of Commons was able to do last Thursday and that we have been able to do this evening. Perhaps the Minister can tell the House why my honourable friend did not receive a reply to her proposal, which was accompanied by an undertaking that the Official Opposition would co-operate to ensure that as little time as possible was taken over the regulations on the Floor of the House. In view of the fact that the regulations have been re-laid several times since 5 March because of poor drafting, as has been said, it would have been quite possible for this sensible suggestion to have been implemented and for amendments to be tabled that might have reconciled the objectives of all parties. As it is, considerable concerns have been expressed tonight by the mover of the Motion, the noble Baroness, Lady O’Cathain, and others who have supported her. These are not trivial matters. They are fundamentally matters of conscience, tolerance and values, particularly in relation to adoption and fostering, as many speakers tonight have said, and to the role of teachers in religious and sexual education. There has been a feeling that there has been an assault on Christian values and beliefs. There has been ample evidence of this both in the correspondence that we have all received and the demonstration that hasbeen taking place all day outside Parliament. The regulations are about reducing discrimination, but it is evident that where they rightly and properly address that issue, they also give rise to the question whether those with Christian religious beliefs will now perceive themselves as the ones who are open to being discriminated against. The right reverend Prelate made that point very clearly. It will be a terrible outcome if the coin only turns from one side to the other. Had there been more time, the relationship between the regulations and the provisions in the Act on protection on grounds of religion and belief could have been teased out. However, there are discrepancies between them, which is difficult, because these provisions were inserted in this House at a late stage in the Equality Bill, as has been said, so they do not necessarily match the provisions on religion and belief. One of the most serious concerns that has been expressed and that has been well rehearsed again this evening is the impact on faith-based adoption agencies. I appreciate that the Government have tried to find ways to address this, but they have only half done so by providing a transitional period until the end of 2008. It might have been in the general interest of the vulnerable children for whom these agencies provide such an excellent service if the arrangements whereby they must refer same-sex and bisexual people to other agencies were made permanent. I see no dichotomy between the agencies being able to do that and the fact that they do not approve of same-sex adoption. It would be a very odd outcome for anti-discrimination legislation if agencies, which have for decades provided one of the most highly respected adoption services, will, as the noble Lord, Lord Anderson, bravely pointed out, be forced out of business, not because they are useless but because there appears to be no way in which they can be allowed to continue to provide a contracted service if they cannot sign up to agreeing to same-sex adoption. Many other agencies that do not have the same outlook could fulfil this requirement without the church agencies, which do such invaluable work with some of the most vulnerable children in our society, having to be put out of business. Will the Minister say whether the churches willbe consulted further to see whether there can be accommodation before the transitional period expires? Will she also say what is implied by the Secretary of State’s response to the consultation in which she said that there would be ““an ongoing independent assessment”” of the issues undertaken within the transitional period? The Minister referred to that in her opening remarks and I was a little concerned at the way this is going. What the Government need to do now is to find a way out of this which leaves the agencies—the church agencies, the faith agencies—able to continue with their work. If we are all talking about the interests of the child, surely it is not in the interests of the child that valuable and what in many cases are voluntary agencies, a point made by my noble friend Lord Pilkington, should be driven from business. I want to make it clear that, these reservations aside, I support much of the general thrust of these regulations. But I recognise and sympathise with the deeply held views that have been expressed, and I am concerned about the procedures which have landedus in this discussion tonight. Tolerance and understanding in our society need to embrace those who agree with the Government’s views and those who do not, and who now may feel threatened by them. I believe that my noble friend has made a case which has to be answered, and I look forward to hearing the Minister’s response to this important debate. Before I finish, I want to stress that tonight my party has a free vote on this matter.