Equality Bill

My Lords, the substantive argument supporting the amendment has been ably put by the noble Baroness, Lady Warsi. I want to reinforce my support for the amendment, based on the anti-discrimination provisions contained in the Bill, which include age. Measured by the protected characteristics in Part 2, age discrimination is less protected than any other grounds. On this basis, Clause 28(1)(a) gives no protection against age discrimination in the provision of goods and services for those under 18. Put another way, this clause makes discrimination against those under 18 a permissive act, and it is that which the amendment seeks to remedy. I find it strange that somebody who is 18 or under can take matrimonial responsibilities or die for their country, but the state reserves the right, under the relevant clause of the Bill, to allow practices that discriminate against them for the provision of some goods and services. I am aware that my noble friend the Leader of the House disagreed with my comments at Second Reading, but I thank her nevertheless for her letter of explanation which subsequently followed. In support of my contention, I believe I need look no further than the report of the Joint Committee on Human Rights, published in November last year following its scrutiny of the Bill. The Joint Committee records: ""The total absence of protection against age discrimination for those under 18 in service provision and the limited protection in relation to the performance of public functions means that children who are subject to unjustified discrimination are left with little or no legal protection. This may prevent children enjoying full protection of their rights as set out in the UN Convention on the Rights of the Child … We consider that the situation of children is no different and that exceptions to the general prohibition on age discrimination could also be made as required to cover age distinctions where children are involved"." The committee concludes: ""Age discrimination constitutes an unjustified denial of the right to equality and remains a serious problem in British society. ""The prohibition of age discrimination in service provision and the performance of public functions will help ensure that all age groups enjoy equality"," and are treated fairly and justly in the provision of services. Eighteen year-olds have a right and an aspiration not to be discriminated against in respect of goods and services and public provision. I say this not only because it is morally right but also because international experience supports that view. The Australian Age Discrimination Act 2004, covering among other things goods and services, explicitly includes children. This amendment provides an opportunity to strike a blow on behalf of children and young people against permissive discrimination. Like the noble Baroness opposite, I look forward to the assurances that the Minister is able to provide in respect of the principles contained in the amendment.