Equality Bill

My Lords, I welcome the opportunity to debate this Bill at Second Reading. The Government are to be commended for introducing the Bill, which attempts to harmonise discrimination law and sets out key characteristics that are protected: age, disability, gender, maternity, sexual orientation, religion or belief. This is a massive legislative venture. I was for a number of years a member of the Equal Opportunities Commission, which has now been taken over by the new Equalities Commission. I believe that the campaigns led by the EOC have had the effect of widening opportunities for women, in particular the WISE campaign—Women into Science and Engineering. This has had the effect of increasing the range of jobs available to women which is very important in an increasingly technical and science-based economy. We sometimes overlook how far we have come and how much is due to the courageous work of previous generations of women. Problems still exist, of course, and we have heard about a number of them in today’s debate, but I believe that the Bill will help by drawing attention to the gender pay gap and insisting on publication of the difference in pay between men and women. Moreover, maternity rights are included in the protected characteristics in the Bill. I support what the noble Baroness, Lady Deech, said about the necessity for further support in that direction. I am pleased that sexual orientation is also specifically included in the Bill as a protected characteristic and that discrimination on such grounds is to be quite specifically outlawed. There is a problem here which I do not think has been entirely resolved by the Bill, although there has been an attempt to do so. It relates to religion. The Bill seeks to promote understanding and tolerance for the right of individuals to believe in and practice religion. This should not, however, involve the right to impose religious beliefs on persons who do not hold them. There are interpretations of religion—I emphasise interpretations—since most mainstream religions maintain that they support tolerance and regard equality among people as important. I am talking about interpretations which support the repression of women and strongly oppose rights in relation to sexual orientation. In such cases, violence often occurs. There is domestic violence against often very young women—including forced marriages—and homophobic violence against gay and lesbian people. We must make it clear that culture and/or religion offer no excuse for harassment of people protected on grounds set out in the Bill. Our law must always prevail. There are, however, some provisions in the Bill relating to religious organisations which may need further examination when the Bill is considered in Committee. The issue of employment in state-funded faith schools has recently been brought to my attention. It would appear that religious requirements can be imposed on teachers in such schools that would not otherwise be imposed without the need to establish that it is an occupational requirement. Schedule 9 sets out a number of exceptions to the requirement not to discriminate. This would appear to permit discrimination on grounds of sexual orientation as a, ""proportionate means of complying with the doctrines of the religion"" That could leave the way open to discrimination against individuals doing teaching or administrative work, and I think that that would be unacceptable. The Bill also has specific exceptions to allow religious organisations to discriminate in employment and in service provision on religious grounds when they are working under contract to provide public services or performing public functions. This was dealt with in more detail by the noble Lord, Lord Macdonald of Tradeston. I say in passing that I am a vice-president of the Humanist Association. I am glad that age has been included in the Bill as a characteristic which should be protected against discrimination. We recently debated older workers and employment. It is now generally agreed that we are all living longer and this has caused Governments—and pension providers—to consider raising the retirement age. The default retirement age of 65 is to be reviewed by the Government in 2011. There is surely a case for dealing with it earlier than that, particularly in the light of comments by the judge in the recent High Court case. There is no reason for not dealing with it in this Bill. However, there is little point in raising the retirement age if the individual concerned simply transfers to jobseeker’s allowance instead of receiving retirement benefit. It makes sense only if appropriate work is available. It is also an argument for much more flexible working to enable older people to continue in work for much longer. Our recent debate indicated that unemployed workers aged 50 and above are finding it increasingly difficult to obtain other employment. There is a case for additional support for such individuals, many of whom have skills that are said to be necessary, but they are simply rejected on grounds of age. Clause 78 does empower a Minister by regulation to require an employer to provide information about the difference in pay between male and female employees. As I said earlier, I welcome that; I think it is a good idea. It might be an idea for employers to provide information about the number of employees over 50 and the policy of the company in regard to the employment of older workers. If everybody is to have their working lives extended, there is a case for age profiling in order to assist that process. There is a great deal in this Bill that is entirely admirable. I have just concentrated on topics in which I have a particular interest, but in general I fully support the Bill and would like to see it on the statute book as soon as possible.