Equality Bill

These amendments raise a very important issue about the principle of proportionality as it should apply to immigration control in the context of equality of treatment. We support these amendments, but we wonder why the movers of them have restricted them only to disability. In Part 4, one finds that a similar problem arises in relation to ethnic origins—paragraph 17 covers that—and exactly the same problem arises with regard to religious or belief-related discrimination in paragraph 18. It is not true that the department that I once had the privilege of serving—the Home Office—rejoices in the maxim that power is delightful, and absolute power absolutely delightful, but it is true that it has been a tendency of the Home Office to seek blanket exceptions in this area in order to allow it to exercise its powers as it thinks fit. Therefore, the question is whether the principle of proportionality should apply not only in relation to disability, as these amendments seek, but in relation to ethnicity and religion as well. I see no reason why that principle should not be written into this part of the Bill. I will give one example from my own professional experience. I acted for the European Roma Rights Centre in the famous case that went to the House of Lords. The Government were sending an immigration officer to Prague airport to prevent Roma asylum seekers getting on planes to come to this country to seek asylum. It was being done on a racial, ethnic basis. There was a similar exception in the existing Race Relations (Amendment) Act to that which we find in paragraph 17. It was then discovered that there was, as was held by the House of Lords, an unlawful, racist policy operating in relation to immigration control. The Minister was forced to withdraw his or her authorisation of the policy before the case was decided. We have heard a lot about religion so far today, and I am delighted that the Lords spiritual are here in force. I ask rhetorically: how can it be right, for example, that an immigration officer can refuse someone entry clearance or leave to enter in relation to religious or belief-related discrimination? Article 9 of the European Convention on Human Rights protects manifestation of religious belief as a fundamental right. Article 14 protects it "without discrimination". It seems to me that there will be litigation if the powers under paragraph 18 are exercised. There are also very serious problems on disability. For my part, I support the amendments in the name of the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Howe of Idlicote, but I believe that the general principle of proportionality—that you pursue a legitimate aim, and that the means employed are no more than necessary to achieve the aim—must apply to the exercise of all of these powers. I look forward to an assurance from the Minister that that will be the case.