Equality Bill

My Lords, I declare an interest as a member of the Independent Asylum Commission because it was in this capacity that I was alerted to serious concerns about the potential implications of the regressive immigration exception proposed in paragraph 16 of Schedule 3 for disabled asylum seekers and migrants, including those with diagnosed HIV. This is not the first time that concerns about this exception have been raised, because a similar amendment was drafted and tabled by the Equality and Human Rights Commission in Committee in the Commons, where the Government failed to give sufficient reasons for this broad exception being necessary and the need for further debate on the exception was noted. I welcome the fact that the Bill prohibits for the first time direct discrimination against disabled people in the provision of goods and services. I note, however, that, in relation to immigration, the Bill creates a new exception where direct discrimination is not prohibited if it is on the ground that doing so is necessary for the public good. Previously, disability discrimination in the provision of goods and services was prohibited apart from where it was a proportionate means of achieving a legitimate aim or in certain limited circumstances. Several disability charities, led by the National Aids Trust and backed by RADAR and the Disability Charities Consortium, have voiced their concerns about this new exception where there is no requirement to proportionality. In addition, it is not clear what could fall within the overly broad scope of "necessary for the public good". For that reason, my amendments return to the approach under Section 21D of the Disability Discrimination Act requiring a legitimate aim and proportionality in disability discrimination. The Joint Committee on Human Rights’ scrutiny of the Bill supports this amendment’s approach. It states that the Bill should be amended to make clear that any decision to exclude someone from the United Kingdom must achieve a legitimate aim and be objectively justified in line with the standard proportionality analysis. This is what these amendments will do. The JCHR also has concerns that as the Bill stands this exception could permit treatment of disabled people that could violate their right to equal treatment as well as potentially threatening other rights, such as the right to life protected under Article 2 of the European Convention and the Article 3 right to freedom from inhuman, degrading treatment. What would be the implications if the exception remained as proposed? I have been contacted by these organisations which are concerned that the exception could be used to exclude disabled people on grounds of cost. For example the additional cost of allowing a migrant with learning difficulties to enter or remain in the United Kingdom, and also on grounds of public health—allowing migrants living with HIV to enter or return or remain in the United Kingdom. In terms of HIV, this could have potential individual and public health implications if people feel unable to disclose their HIV status or access treatment. It may also discourage migrants from seeking an HIV test, with obvious public health consequences including the onward transmission of the virus. The Government may reassure us that this exception will not be used in this way. However, with this power on the statute book there is nothing to stop a future administration using the power in these ways. In addition, the exception seems to be directly opposed to the policy set out in the UK Border Agency’s equality scheme which states that staff are, ""to ensure that asylum seekers are able to ask for assistance, and know that particular needs can be indicated. It should be made clear that disclosure of disability will not be a negative factor in the consideration of cases"." I have already mentioned the JCHR’s grave concerns about this exception. The Government proposed a similar reservation to the United Nations Convention on the Rights of Persons with Disabilities to retain the right to introduce wider health screening for applicants entering or seeking to remain in the United Kingdom. The Joint Committee, in its report on the UN convention, noted that the Government have not provided an adequate explanation of their view that the proposed reservation is necessary. It goes on to recommend that the Government abandon this reservation. There are similar concerns that the Government have not provided sufficient reasons as to why this exception is necessary. There is international precedent in this area that underlines the need to amend the current exemption. Worryingly, a similar exception in Australia has been used to separate disabled migrants from their families. These amendments will safeguard against this approach and ensure that direct discrimination against disabled people is permitted only where there is a legitimate aim and proportionality. I beg to move.