Equality Bill

My Lords, I will explain where I strongly disagree, not where I agree, so that I save time later and do not have to speak to any other amendments in this area. First, it is not correct to say that without that word "and" one is not creating a very dangerous concept. "Dignity" is not a legal rule. It is a value. To allow someone to bring a claim on the basis of their dignity is a dangerous thing to do. It is not saved by the requirement of reasonableness because it still allows the claim to be brought. Like the right reverend Prelate, I suspect that we will seek to deal with that on Report. Secondly, I hope noble Lords will forgive my saying that this is the most convoluted and complex way of dealing with a problem that the noble Baroness, Lady Gould, has drawn very clear attention to. Instead of doing the simple thing, which is to make clear in the Bill that homophobic bullying on the basis, for example, of sexual orientation, is to be included, we are told that Clause 204, which is an interpretation clause, is to have the following language to tell the public what the law is. I shall read it out because it is hilarious to think that anyone should come to the conclusion that this is the right way of dealing with an important problem. The amendment states: ""Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication"—" notice the double negatives piling up— ""does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic"." I expect Ministers have had that explained to them and understand what it means. What it actually means is that you still have to show discrimination and not harassment, even though the concepts are quite different in the Act. Harassment is one thing and discrimination another. The question raised by the noble Baroness, Lady Gould—why we do not do the simple thing and deal with this problem in the Bill—has not been answered. I made it clear to the Government that this is one of several things that my party attaches an enormous importance to; there are about four of those core major things. I am sorry to say that I am not satisfied by the answer. We will have to come back to this at a later stage.