Equality Bill

The noble Lord makes an important point and it is to clear up that confusion that I raised these questions with the Minister. If there is some confusion about what the European Commission says the Government have said, and what the Government say they have said, she should be able to tell the Committee where that confusion arises from. Can the Minister confirm whether appropriate representations have been made to the European Commission about its confused understanding of what the Government have or have not said to them? The Minister has taken time to inform the Committee of the Government’s new Amendment 99A. We are grateful that the Minister has listened to the concerns voiced from all sides of the House and accepted that the wording in the Bill as it stands does not reflect the Government’s claim for their intended policy. Nevertheless, we still find the definition unsuitable. Paragraph (a) makes it clear that Ministers are included, which the previous definition left open. Paragraph (b), however, contains a definition which, it seems, would be rendered the same as "wholly or mainly" in practice. This, therefore, still represents a narrowing of the current situation. We on these Benches are not asking the Minister to change to law and we are not asking for a new exemption for religious organisations, but the case of Amicus makes it clear. The confusion appears to be in the Government’s drafting, in the inclusion of "proportionate" in the Bill. My understanding is that the Government may argue that to take out "proportionate" would raise questions both in the European Commission and in courts of law. We cannot argue that a particular amendment should not be passed because the Government drafted it wrong when they first drafted the Bill. I understand that the Government are making representations to the European Commission that the law as it stands complies. If that representation is being made and the Government believe it, what is the necessity to change the law? I hope that I have made it clear that we are merely asking that the status quo be preserved.