Equality Bill

My Lords, I shall pick up the point made by the noble Baroness, Lady Morris, from the Conservative Front Bench. I ask the noble Lord, Lord Lester, whether, if his amendment were to be adopted, it would be entirely illegal for employers to require older employees, over the age of 65, to undergo periodic aptitude tests so as to determine objectively whether they are still fully up to the job. Some people in their late 60s or 70s, and even in their 80s, believe that they are just as efficient and on the ball as they were 20, 30 or 40 years earlier. In some fortunate cases, that may be so, as my noble friend has just pointed out—and good for them. Other people in their late 60s and early 70s also believe that they are just as good as they used to be but unfortunately are not; without realising it, they are slower, more forgetful, less able to lift heavy things, to drive in conditions of poor visibility, and so on. Unless some objective test is allowed to determine whether they are in fact fully up to it, I see endless scope for conflict and litigation, as the noble Lord, Lord Campbell-Savours, has just pointed out. If such tests were allowed, it would solve many problems. The noble Baroness, Lady Morris, also mentioned flexible working. I can see that it might be possible for larger firms, but for a business employing one or two people it might be extremely difficult. I should also like to ask the noble Lord, Lord Lester, about the Foreign Office, which requires diplomats to retire at 60, when they are at the height of their powers and experience and so on. What about the Armed Forces and the police? What about airline pilots? Surely there must be some occupations for which there has to be an age cut-off.