I take on board the hon. Gentleman's point. The information about the Equality and Human Rights Commission is published. Every year I ask what the pay gap is. When I asked the question recently, it emerged that on race and on disability the pay gap at the EHRC is considerably worse this year than it was last year, so it is not as though the EHRC is getting there gradually—it is going backwards. This is public information. Publishing the information does not make everything hunky-dory. I fear that much of the Bill is motherhood and apple pie, enabling people to feel good about themselves, but it is a fantasy world, not the real world.
Amendments 75 to 78 are minor amendments. Amendment 75 would exempt the armed forces from the provisions of certain parts of the Bill. The purpose of amendments 76 and 77 is to question why the Government are so keen to see proceedings move from courts to tribunals. My fear is that the Government feel that it will be easier for people to take discrimination cases to tribunals than to courts. They are trying to throw as many cases as possible before tribunals to get the outcome that they want.
Amendment 93 covers positive action. I have spoken at length about why I believe positive discrimination and positive action are bad. The final five amendments of mine in the present group relate initially to pensions. Amendment 127 refers to schedule 9, which contains lists of categories—religious group exemptions, it seems to me—to which certain provisions would not apply. One such case envisages a requirement not to be married in order to qualify for a particular job. My amendment adds to that a requirement to be married. If, in some cases, it is fine that not being married is a requirement, by definition it should be fine that in some cases there is a requirement to be married.
My last two amendments are important. Many people in the country are concerned about age discrimination. The hon. Member for Hornsey and Wood Green said at the outset that she did not agree with any of my amendments. I look forward to her telling the House why she is against these amendments. The Bill allows employers to force people to retire at the age of 65. My amendment would delete that requirement and would not allow employers to retire people forcibly when they reach the age of 65.
I am interested not only in the hon. Lady's position on this, but in the Minister's position. If she truly believes in equality, why does she think it is fine that somebody is doing a perfectly good job aged 64 and 364 days, but the next day, when that person is doing an equally good job, the employer should get rid of them by forcing them to retire?
I should have thought that age discrimination was an important topic to cover, so, if the Bill is about equality and about trying to get rid of different forms of discrimination, why does the Solicitor-General think it fine to force people to retire aged 65? They are presumably just as good at their job on the day that they turn 65 as they were on the day before that. That is where the Government get into problems with such Bills. They have a hierarchy of equality: some protected characteristics, as they call them, are more important than others. That flies in the face of what an equality Bill should be about, so, if the Government believe in equality, let them bring forward a Bill that delivers on equality.
I have a problem with the Bill before us, and my amendments are important because, through them, I am trying to deliver a Bill that offers true equality, whereby people are given jobs on merit and are not just fired for the sake of their age. If the Government want to show that they truly believe in equality, they will incorporate those proposals.
Equality Bill
Proceeding contribution from
Philip Davies
(Conservative)
in the House of Commons on Wednesday, 2 December 2009.
It occurred during Debate on bills on Equality Bill.
Type
Proceeding contribution
Reference
501 c1152-3 
Session
2009-10
Chamber / Committee
House of Commons chamber
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Timestamp
2023-12-11 10:06:12 +0000
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