Equality Bill

My Lords, I shall speak to Government Amendment 136ZZC and respond to Amendment 136ZZB spoken to by the noble Lord. Amendment 136ZZB would remove the blanket exemption from the hybrid procedure that Clause 200(10) currently affords the Bill. This has been tabled following the Delegated Powers and Regulatory Reform Committee’s decision to draw the House’s attention to the provision in its third report of this Session. As the noble Lord remarked, the Government have been re-examining subsection (10) in light of the committee’s comments, and we accept that it would be helpful to clarify on the face of the Bill precisely when we consider the hybrid procedure should be disapplied if it arises. However, we do not think it necessary to remove the exception completely as the noble Lord proposed. The reality is we think it highly unlikely that powers in the Bill would be exercised in such a way that the House would consider the hybrid procedure to be applicable, but it is a theoretical possibility. In a handful of cases where those circumstances might arise, we consider the hybrid procedure would be unwarranted so we think it appropriate to provide that the procedure should not apply in specified cases. There are safeguards in these cases. Before adding any new bodies to either of the lists, for example, under the socio-economic duty and the public sector equality duty, and making specific public sector equality duty regulations, there will have to be consultation with those affected, as well as with the Commission and relevant devolved Administrations where appropriate. Similar consultation will be carried out before the specific duty regulations are made. We have also provided that orders and regulations made using these powers will be subject to the affirmative resolution procedure. Government Amendment 136ZZC narrows the exception down to the clauses which could theoretically be subject to the hybrid procedure; for the reasons I have explained, we do not think that would be warranted. I hope that the House will agree that our proposal is measured and that the noble Lord will feel able to withdraw his amendment.