Equality Bill

My Lords, these amendments are all linked. Amendment 5 seeks to add caste to the list of protected characteristics covered by the Bill. Amendment 29 seeks to include caste as a relevant protected characteristic for dual discrimination claims. Amendment 40 seeks to include caste as a relevant protected characteristic for indirect discrimination. Amendment 49 would prohibit direct and indirect discrimination because of caste, and Amendment 52 would prohibit harassment because of caste. Amendment 17 attempts to define caste for the purposes of the Bill, while Amendment 18 provides Ministers with a power to add caste to a list of protected characteristics in the future, and Amendment 16 would add descent as a further aspect of the protected characteristics of race, so that the Bill would prohibit unlawful discrimination, harassment and victimisation based on descent as well as colour, nationality and ethnic or national origin. I will address Amendments 5, 40, 49 and 52 together, then turn to Amendment 16 in the name of the noble Lord, Lord Lester, and address separately Amendments 17, 18 and 29. The first group of amendments would mean that the provisions within the Bill which prohibit unlawful acts such as discrimination, harassment and victimisation would in all cases apply to the characteristic of caste unless further explicit restrictions were made to subsequent clauses. These amendments were previously tabled and debated during consideration of the Bill in the Commons in Committee and on Report. We now have a further opportunity to discuss the issue. As my honourable friend the Solicitor-General said during the debate in Committee in another place, the Government are willing to consider whether there is a case for legislating on caste discrimination. As noble Lords have said and as I am aware, the issue of caste was raised during the wide-ranging consultation held on the Bill. Some issues were raised, but none at the time were appropriate to justify inclusion in the Bill. At the moment, evidence of discrimination because of a person’s caste appears to be predominantly in areas such as marriage and social and personal interactions rather than in those areas covered by domestic discrimination legislation, such as the provision of goods, facilities and services, education and schools, the management and disposal of premises, the exercise of public functions, employment and vocational training. We do not condone any discrimination or prejudice because of personal characteristics or identity, and it is clear that issues such as personal relationship choices and insults or snubs are part of social interaction and therefore would not fall within discrimination law. However, I am aware that since the Committee debate in the other place, the Anti Caste Discrimination Alliance undertook a scoping study on caste and caste discrimination in the UK very quickly over the summer. I have read with interest its recent report, Hidden Apartheid—Voice of the Community—Caste and Caste Discrimination in the UK—A Scoping Study, which reports caste discrimination in the areas covered by discrimination law, which are employment, education, and provision of goods, facilities and services. I have also read with interest the Modern Law Review article—I thank the noble Lord, Lord Avebury, for forwarding it to me—and the joint statement from the many organisations concerned with this issue. I commend ACDA for a professional report produced very quickly. However, the report acknowledges that it is a scoping study and many of the examples that it includes are still of either an apocryphal nature or outside those areas covered by discrimination legislation. For instance, many examples refer simply to one person asking another their name. The noble Lord will acknowledge that this cannot be considered to be discriminatory even if a person’s family name may be indicative of their caste. Furthermore, despite what some may believe, the case for legislating on caste discrimination—