Amendment 57 is to probe the application of age as a protected characteristic. The purpose is to ascertain from the Government the exact reasons for excluding those who are under 18 from the protected characteristic of age. In another place the Minister said that this was not the best way to protect children with regard to public services. We fully take on board the points she made about the importance of addressing deeper problems, such as resource allocation or finding better and more efficient ways of using existing resources.
Nevertheless, Young Equals, a group of charities and children campaigning to stop age discrimination, is still concerned about the prevalence of discrimination facing those under the age of 18. It quotes a Department for Children, Schools and Families survey which states that 43 per cent of under-18 year-olds reported that they had been treated unfairly because of their age. Moreover, nearly two-thirds of teenagers felt that they had experienced age discrimination in some form or another. In this survey, age discrimination was the biggest example of discrimination cited. There does, therefore, seem to be a problem. Could the Minister inform the House whether the Government have any plans to address this problem within this Bill? The suggestion in Committee in another place appeared to be that other solutions to this problem were being considered, but the Solicitor-General set out clearly that discrimination law was not the best place to sort this problem out. Will the Minister set out some of the alternative solutions and different ways in which the problem might be addressed if the Bill is not the place to do it? We accept that the Bill may not provide the best vehicle, but can the Government offer any assurances to Young Equals on this count?
In another place, the Minister stated that it might be difficult to include children under the age of 18 in the section on provision of services and public functions because different ages would have to be treated differently. The Solicitor-General cited that there was a great difference, for example, between the needs of a two year-old and a seven year-old, and those of a 72 year-old and a 77 year-old. This, of course, is true and this thinking is used to define the fact that there are rules stating that young people can and cannot do things at certain ages. This may be for their own protection, such as the age for legally purchasing alcohol, or it may be for the benefit or others, with specific services that cater for an older clientele. This is a sensible approach and differential treatment must be maintained.
The Government Equalities Office consultation recognises that equality does not mean uniformity of provision. Indeed, the reforms are all about treating people as individuals, whatever their age, circumstances or lifestyle. Could the Minister, therefore, set out why service providers would have to treat children of different ages in the same way as adults? This would be useful to aid our understanding of the operation of these clauses. I look forward to the Minister’s response to this probing amendment. I fully expect to agree with her, but it would be useful to have some of our questions answered and explanations laid out on the record. I beg to move.
Equality Bill
Proceeding contribution from
Baroness Warsi
(Conservative)
in the House of Lords on Wednesday, 13 January 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Equality Bill.
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2009-10
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