Local Democracy, Economic Development and Construction Bill [HL]

My Lords, this amendment introduces a new clause relating to local freedoms. It was introduced in the other place by the honourable Member for Newcastle upon Tyne Central to, as he put it, ""correct a significant inequality. It would also correct an anomaly that undermines freemen, where they remain, when exercising functions on behalf of their communities, and that undermines a significant part of our constitutional heritage".—[Official Report, Commons, 13/10/09; col. 222.]" The amendment will mean that the daughter of a freeman can claim to be admitted as a freeman on the same terms as the son of a freeman. It also provides that the son or daughter of a freeman can request that they are admitted to a guild whether or not their parent had been admitted as a freeman at the time of their birth and whether or not they were born in the town or city in which the guild exists. Traditional activities need to reflect the modern world. In this day and age it is right that there should be equality of treatment between men and women. This amendment ensures that this occurs in relation to freedoms granted for an area. When accepting that Clause 27 should be inserted in the Bill, my noble friend Lady Andrews stated that traditions needed to work in a non-discriminatory way and we attach great importance to seeking equality between men and women. As I have said, it is not acceptable in this day and age to treat women differently. There is also a need to make the guilds more relevant to today and ensure that they do not die out. Women must be allowed to become freewomen if they wish; that can only be to the advantage of guilds. I understand that my noble friend Lord Graham may feel that the Commons amendment was unnecessary, given the provisions he introduced in Committee in this House, which were entirely permissive and so allowed guilds to decide among other things whether or not they wished to allow women to claim the freedom. However, in the other place it has been argued that providing equality should be a requirement rather than a choice and the Government have accepted that argument. We agree with the central argument that women should be afforded the same rights as men, particularly in relation to freedoms granted for an area. I know that my noble friend Lord Graham has worked tirelessly on this issue and the freemen of our towns and cities have much to thank him for. Without his efforts many guilds would be facing real difficulties in bringing their admission rights up to date and in some cases even surviving. For our part, we believe that the amendment laid by my noble friend strengthens the Bill by allowing admission rights to be changed more easily and flexibility for the guilds to amend their rules to meet any challenges that may arise in the future. Importantly, it provides a considered framework to make changes consequential to allow daughters to become freemen and amend other admission rights. The daughters of freemen can become freemen on the same terms as sons of freemen as a result of the Commons amendment—the rights and benefits equally apply—but admission to a guild can also grant benefits and rights to the spouses and widows of freemen and Clause 27 will allow the guilds to consider and amend such rights—those consequential on permitting women freemen. In some cases I understand that the widows of freemen have certain benefits, such as charitable payments or the right to certain accommodation in retirement. The freemen guilds, using Clause 27 and the new schedule to the Local Government Act 1972, introduced by my noble friend, will be able to amend their admission rights more easily so that these benefits can also be granted to widowers or, indeed, civil partners of freemen and freewomen. Clause 27 will also allow guilds to consider widening their admission rights to individuals other than simply a son or daughter of a freeman. This might, for example, include permitting sons-in-law, daughters-in-law, nephews and nieces of freemen or freewomen to be eligible to seek admission. Of course, Clause 27 will also allow, as a result of the admission of daughters, that they might be called freewomen if the guild so resolves. Clause 27 will also enable guilds to amend other admission rights, such as amending, perhaps, the terms of servitude as an apprentice to a freeman, or widening the rights of apprentices serving in the town generally. In addition, the framework introduced by Clause 27 will allow changes to be made more easily to other admission rights contained in the royal charter. It will enable guilds to change admission rights operated by custom by a simple resolution and provides an easier route for changes to rights contained in Acts of Parliament. In summary, these two clauses work together. My noble friend’s hard work has not been in vain—indeed, far from it. I am aware that concerns have been expressed about difficulties that guilds may have in adopting these new admission requirements. However, as I have said, the new schedule to the Local Government Act 1972 will ensure that consequential changes can be made to the rights and privileges of the freedom as a result of daughters gaining admission and the other changes made by the new clause introduced in the Commons. It will enable freemen to consider the implications of admitting daughters and change any of their rights accordingly if there is a need or desire to do so. Moreover, I understand that several guilds have, over the years, made the same changes to their admission rights as those provided by the Commons amendment, and have been able to deal with any difficulties that arose. I am sure that all other guilds are capable of doing the same, especially now that there is a clear framework in place to make such amendments. There is time to prepare for the change, given that the relevant clauses are not commenced until two months after Royal Assent. Together with Clause 27, this amendment updates and helps to preserve one of our most ancient traditions, while providing equality of opportunity for men and women, a principle to which I know this House attaches great importance. I commend it to the House. I beg to move.