I thank the Minister for her explanation. We will come back to this on Report, but I just ask her to reflect on what I am about to say. The test of necessity for public good is a classic example of a test of proportionality. If the Minister is saying that the amendment is not necessary because that test is satisfied for disability, I would agree. However, the same problem arises for religion, and the conducive-to-the-public-good test is not the same as the test of necessity for public good or proportionality. As far as race is concerned, the Minister’s response is that you need to discriminate on the basis of nationality in immigration control. I agree, but this exception does not cover nationality, it covers "nationality or ethnic origins", and "ethnic" means race.
My point is that there ought to be a common standard regulating the exercise of these controls on the basis of the principle that the means must be justified as well as the end. Therefore immigration control must be exercised proportionally. If that is not accepted by the Government, they will get a heap of trouble on religion under the European Convention on Human Rights. Could the Minister please reflect on that before Report?
Equality Bill
Proceeding contribution from
Lord Lester of Herne Hill
(Liberal Democrat)
in the House of Lords on Tuesday, 19 January 2010.
It occurred during Debate on bills on Equality Bill.
Type
Proceeding contribution
Reference
716 c906-7 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-06-21 10:00:19 +0100
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