Equality Bill

It is extremely useful that the noble Baroness, Lady Warsi, has gone to such trouble to explain the amendment. The knowledge that she has given the Committee is most valuable. However I do not think that, on reflection, she would be in favour of her own amendment. The consequence of leaving out Clause 15(2) would be that even if an employer did not know, and could not reasonably have been expected to know, that the alleged victim had a disability, there would nevertheless be liability. That would be wholly unreasonable. I am all in favour of very strong disability discrimination protection, but if there is absolutely no knowledge that a person is disabled, and if someone could not reasonably be expected to know, I cannot understand how on earth there could be liability. Although I am grateful for the introduction, the Malcolm case has been effectively reversed by these amendments, and I would be very interested to know whether other noble Lords who specialise in this area—for example the noble Lord, Lord Low, or the noble Baroness, Lady Campbell—would think it unreasonable to keep Clause 15(2) in the Bill.