Equality Bill

Primate, I beg your pardon: he is indeed a Primate, my Lady. They asked about court decisions. The point is that most cases do not come before a tribunal or court, however there is evidence that the absence of a definition caused confusion and that the existing exceptions were being misused. The Government received examples of where the exceptions appeared to have been inappropriately applied, such as advertisements by the Church of England for a pensions assistant and a director of finances. There has rightly been much discussion of the need for exceptions, and we respect that need. There has also been talk of magnanimity. Magnanimity is justice, but I believe that what we are doing is justice. The Government are providing clarity. They are not narrowing the provision; they are consolidating and replicating but they are also clarifying, and good legislation means clear legislation. The right reverend Prelate the Bishop of Exeter suggested that the amendment opens the Church up to more court intervention—I have spoken to this earlier. We believe that the opposite is true. By setting out clearly in the legislation the circumstances in which the exception applies, and therefore the balance of rights which must be struck, we believe that the courts will not need to adjudicate on these matters. As the judge said in the Amicus case, ""it was entirely proper in the present case for the State to seek to balance the rights of homosexuals against those of followers of organised religions. The strength of feelings on both sides is amply demonstrated by the claims and interventions in these proceedings. The balance struck is proportionate"." Our aim is to maintain that balance. The noble Baroness, Lady O’Cathain, rightly wants to stand up. She mentioned her package of amendments: I would like her to withdraw her Amendments 98 and 99, but if she tests the will of the House, I will wish to move the government amendment. Finally, I agree with the most reverend Primate that principles and values matter. Among the principles that we all cherish are liberty, tolerance and equality. I believe that what we are discussing and what the government amendment delivers adhere to those three principles which we all cherish.