Equality Bill

My Lords, I give that undertaking willingly. Amendments 101ZA and 101C seek to tighten up the drafting of paragraph 3 of Schedule 9, which preserves an exception that is currently provided by Regulation 7(3) of the Employment Equality (Religion or Belief) Regulations 2003. It permits employers and other persons with a religious ethos to require those working for them to be of a particular faith, provided that there is an occupational requirement with a legitimate aim. This test has to be applied to each post for which the exception is considered. A requirement must, by definition, be crucial to the post and not merely one of several important factors. The facts in each case will show whether the requirement is genuine. Therefore, I do not agree that Amendment 101ZA is necessary, although I appreciate that the 2003 regulations contain the word "genuine". I have always wanted to say the word "otiose" in the Chamber, so I am very glad to echo the noble Lord, Lord Lester. We consider that the word "genuine" is unnecessary. My noble friend will know that we are trying to keep unnecessary words out of this Bill to keep the Bill’s English simple and plain. I turn to Amendment 101C. I hope that I can assure my noble friend that the exception in paragraph 3 is intended to apply only to the protected characteristics of religion or belief as permitted by the EU framework directive on employment and occupational discrimination. The exception allows the application of a requirement to be of a particular religion or belief and thus could not apply to any other protected characteristics. With those reassurances, I hope that noble Lords will withdraw their amendments.