Equality Bill

We are delighted that the amendments standing in my name and that of noble Baroness, Lady Howe, have been accepted, and I am sure the broadcasters will be as well. On that point, I need to deal with two serious issues: first the teasing by the noble and learned Lord, Lord Mackay of Clashfern, of the charge of inconsistency. He said, as I understood it—and I have to deal with this very serious matter right away since it is so important—that he was glad that on this occasion I was legislating to deal with the silly and ludicrous examples. But why this really matters on this occasion is because of the chilling effect upon freedom of speech and broadcasting which the ability to bring those complaints under the Bill would have. That is why it is important to deal with the chilling effect and why the amendment is so important. The second and equally serious matter is that I am accused of misquoting the Bible and the Book of John. It is probably my poor enunciation. As a boy who went to a bad state school in my early years it is probably the disadvantage of that. I thought I said John, chapter 1, verses 1 to 14. If that is wrong, then I blame the BBC. It is very sad that the BBC does not know its Bible. That is the problem with a secular society that does not know its own Bible properly. The problem with the public sector duty is that it is vital that broadcasters are included because of diversity, for example, and because they are committed by Ofcom’s code and other provisions to full equality. As I understand it, they are not objecting to being included in the public sector duty and it is simply a question of negotiating in the right way. They are in consultation, which I am sure will lead to the correct result. As to the individuals taking part in programmes, they are not providing a service to the public within the meaning of Clause 29 by participating in the broadcast. They are not performing a public function by doing so and, if they defame, incite to hatred or commit any other civil or criminal wrongdoing, they will be liable for doing so. I hope that that gives some assurance. We are not covering that; we are covering the editorial independence and judgment of the broadcaster. For all those reasons, I again thank the Minister, and the Box, and sit down. Amendment 58C agreed. Amendment 59 Moved by