Equality Bill

I thank the noble Lord for that question, which is very helpful. I am assured that we have checked this and that he is completely correct. Therefore, whatever formulation is used, the discriminator’s motive is, of course, irrelevant. A benign motive does not excuse direct discrimination. Some have expressed concern that the change of language may cause unnecessary confusion and undermine existing law. It has even been said that this could lead to more litigation. I sincerely hope that this will not be the case. As the Solicitor-General also said in another place, quoting from the judgment of the noble and learned Lord, Lord Woolf, in the 2005 case of R v Z, the courts are now rejecting suggestions that a change of language necessarily implies a change of meaning. We will be reinforcing this message in guidance and training for judges in the period leading up to commencement and beyond. On the specific issue raised by the noble Baroness, Lady Warsi, which was that the statement of intent in the Explanatory Notes was not sufficient, given litigation over the removal of "similar" in the definition of religion or belief, here the change is between two synonymous expressions. In the other case, the word "similar" was removed. This therefore led to litigation being more likely; however, the courts concluded that the change made no difference, as the Government had indeed explained. I therefore hope that the noble Baroness will withdraw the amendment and that the Committee will support the use of plain English for these key concepts.