European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

Let me acknowledge the concerns about the breadth of this reservation, which have been powerfully made. However, I have tried to set out the Government’s position. There is also an issue about the ECHR’s request for evidence in relation to the proposed reservation, and indeed the noble Lord referred to the correspondence with the Secretary of State, John Hutton. There is a general question about whether the reservation will be reviewed, and of course the answer to that is yes, it will. It will be kept under periodic review as part of the process of monitoring and reporting on the convention. This, of course, is not related to the Equality Bill. The noble Lord identified that legislation which was published, I think, on Monday, but it does not itself remove the necessity for a reservation in this area. I should also say that the reservation, as I understand it, does not preclude the Armed Forces from recruiting disabled people into the services. It is not a blanket provision, but judgment on these issues has to be provided. That is the thrust of the point. Perhaps I may refer to what the noble Lord, Lord Lester, said about the UK’s position in relation to the European Community. It will enter into a reservation that effectively mirrors that of the UK. We understand that that will not be outside compliance with Community law. It of course does not require other member states to enter an equivalent reservation. I can see the challenge that might come from the noble Lord about where Community competence runs on that and where that puts other member states. I will have to take further advice on that.