Equality Bill

My Lords, Amendments 6, 19, 30, 41, 50 and 53 all seek explicitly to list being a Scottish Gypsy Traveller as a protected characteristic. I shall address these amendments together. Although the Government clearly do not condone any form of racial discrimination, we are resisting these amendments. However, I hope that I can offer some comfort to the noble Lord. The Equality Bill already provides explicit protection against racial discrimination—that is, discrimination that occurs because of a person’s race, colour, nationality, or ethnic or national origins. However, it is not government policy to list specific protected racial groups as such a list could never be exhaustive. We believe that it is only right that anyone who thinks they have been discriminated against because of their race, colour, nationality, or ethnic or national origins can bring a legal claim, and it would ultimately be for the courts to decide on the facts of any particular case as to whether the act in question amounted to unlawful racial discrimination. Indeed, case law has determined that Romany Gypsies—in Commission for Racial Equality v Dutton in 1989—and Irish Travellers—in O’Leary v Allied Domecq in 2000—are distinct racial groups for the purposes of deciding whether a discriminatory act amounted to unlawful racial discrimination. The recent employment tribunal judgment on MacLennan v Gypsy Traveller Education and Information Project has held that Scottish Gypsy Travellers are an ethnic group. This has set a precedent for them to be recognised as a minority group. In addition to this, there is wider acknowledgement in Scotland that Scottish Gypsy Travellers are an ethnic minority group and, indeed, one that has particularly suffered from discrimination. Consequently, a number of initiatives and projects have been targeted at this group to give them the same opportunities as other people to offer them a level playing field. In Scotland, race equality policy statements specifically mention Scottish Gypsy Travellers as an ethnic minority group and encourage public authorities to structure services and public functions to take account of this group. Ongoing initiatives targeted at ethnic minority groups including Scottish Gypsy Travellers include improving opportunities; addressing barriers preventing this group from achieving what they are capable of; more active and vibrant communities, increasing participation of Scottish Gypsy Travellers; responsive communities, with better support from specialist and mainstream services; safer communities, building lasting connections with this group; and developing and implementing an education strategy. In response specifically to the request from the noble Lord, Lord Avebury, for an assurance that the tribunal decision will not be reversed, the Government are of course not in a position to determine what judgment higher tribunals or courts may make in future cases relating to Scottish Gypsy Travellers, but that is the same as for every other group that tribunals and courts have held to be ethnic groups, such as Sikhs and Romany Gypsies. I reiterate that the Bill provides protection in terms of a person’s race, colour, nationality or ethnic or national origins, a provision which the courts will interpret based on the facts of each case. Amendment 6 would have the specific effect of including being a Scottish Gypsy Traveller as a relevant protected characteristic for dual discrimination claims. For the reasons I just gave, because it is not a protected characteristic it would be contrary to the Bill’s aims of harmonisation and simplification. Moreover, as I have stated before, dual discrimination is a complex issue and including it in Clause 14 as well might impose disproportionate barriers. Given the reassurances that I have offered the noble Lord, Lord Avebury—and the recent news that he provided, which is, indeed, correct—I hope that my assurances that Scottish Gypsy Travellers are a protected racial group will allow him to withdraw his amendments.