Equality Bill

The obvious objection is that putting the regulations in primary legislation means that they cannot be changed without more primary legislation. That is a very laborious process, and the whole point of double-decker legislation is that things can be changed as and when necessary. The judgment is that these matters ought to be set out in regulation: I shall not take the point any further, but my hon. Friend can press it with the Department for Transport. Officials there have accepted the proposal that they should meet to discuss the different legal opinions, and we expect a Minister in the Foreign and Commonwealth Office to consider the matter later on. My hon. Friend the Under-Secretary of State for Transport and I will also be able to help so, on that basis, I hope that the amendments will be withdrawn. The hon. Member for Shipley would like to strip away all protection for businesses with fewer than 250 employees. [Interruption.] I am being pressed about the time, but I have a lot of questions to answer. I shall just say to the hon. Gentleman that we are not going to accept his proposal. Most employers are covered already by discrimination law: we intend them to remain that way, and I hope he will withdraw his new clause 36. I also hope that the hon. Gentleman will withdraw his new clause 38, which proposes restricting the use of positive action by public authorities. He said that his purpose was to put an end to new burdens but he is barking up the wrong tree, as positive action has been available for a very long time. It is 30 years since the sex and race discrimination Acts were passed: both of them have been very well used, as have the later Acts banning discrimination on grounds of religion or belief, sexual orientation or age. Many public bodies, including the police and fire services and the NHS, use them, and they would not be able to meet their legal obligations to promote equality in race, gender and disability so easily if they could not use positive action. They would not be able to fulfil their responsibilities in respect of all the protected characteristics if they were not able to use positive action. It would be very strange to prevent public sector bodies from using positive action when those in the private sector would still be able to use it. Where would that leave a private company delivering a service on behalf of a public authority? I therefore ask the hon. Gentleman to withdraw his new clause 38, on the basis that he has made his point.