Equality Bill. Lords Committee stage fourth day. Clause 83 agreed to. Schedule 8 agreed to. Schedule 9 under consideration.
Equality Bill
Committee of the Whole House (HL)
and
Debate on bills on Monday, 25 January 2010,
in the House of Lords.
Type
Parliamentary proceeding
Reference
716 c1197-266,1278-90 
Session
2009-10
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Equality Bill. Brought from the Commons. Explanatory Notes HL Bill 20-EN also published.
Thursday, 3 December 2009
Bills
House of Lords
Thursday, 3 December 2009
Bills
House of Lords
Proceeding contributions
Baroness Royall of Blaisdon | 716 c1289-90 (Link to this contribution)
My Lords, clearly it is an interesting suggestion—like the noble Lord, Lord Hunt, I was not aware of...
Lord Low of Dalston | 716 c1290 (Link to this contribution)
I am grateful to the Minister for that response. I would not expect to see it in the Equality Bill, ...
Show all contributions (121)
Lord Sentamu | 716 c1216-8 (Link to this contribution)
My Lords, I want to explain why I shall be supporting Amendments 98, 99 and 100, moved by the noble ...
Lord Lester of Herne Hill | 716 c1218 (Link to this contribution)
I am very sorry to interrupt the most reverend Primate, but what he has just said is not the case. T...
Baroness O'Cathain | 716 c1211 (Link to this contribution)
98: Schedule 9, page 165, line 5, leave out "application is a proportionate means of complying" and ...
Baroness O'Cathain | 716 c1211-4 (Link to this contribution)
My Lords, it is a privilege to open a debate of such importance and interest to so many people. I am...
Baroness Royall of Blaisdon | 716 c1214-6 (Link to this contribution)
My Lords, with permission I will speak to government Amendment 99A, but I will of course respond to ...
Lord Alli | 716 c1210 (Link to this contribution)
We will differ on that matter. The issue in Amendment 97E is about the wording regarding sexual orie...
Lord Alli | 716 c1210 (Link to this contribution)
My Lords, I agree with the right reverend Prelate the Bishop of Winchester—the first and the last ti...
Bishop of Winchester | 716 c1210 (Link to this contribution)
There was no such agreement with Mr Reaney to which the noble Lord refers.
Lord Lester of Herne Hill | 716 c1208 (Link to this contribution)
In the Amicus case the Minister referred to, the learned judge Mr Justice Richards went on to say: "...
Baroness Thornton | 716 c1208-10 (Link to this contribution)
The noble Lord is, as ever, completely right and I thank him for his remarks.
Amendment 119A, as th...
Baroness Thornton | 716 c1207-8 (Link to this contribution)
Amendment 97E in the name of my noble friend Lord Alli would mean that a requirement related to sexu...
Lord Alli | 716 c1211 (Link to this contribution)
I will certainly accept that, and with good grace. On the basis of that, I beg leave to withdraw the...
Lord Lester of Herne Hill | 716 c1211 (Link to this contribution)
My Lords, the noble Lord has expressed disappointment with all the Front Benches, but will he accept...
Lord Alli | 716 c1210-1 (Link to this contribution)
My Lords, that is a point that confuses me; perhaps others can enlighten me. A civil marriage with a...
Lord Tebbit | 716 c1210 (Link to this contribution)
My Lords, the noble Lord is making an extremely interesting argument. Is it not broadly true that we...
Baroness Campbell of Surbiton | 716 c1200-1 (Link to this contribution)
My Lords, I support Amendment 119A moved by the noble Lord, Lord Alli. It feels very good to be supp...
Baroness Butler-Sloss | 716 c1200 (Link to this contribution)
My Lords, I have received a powerful letter from a Quaker telling me something I had not known befor...
Bishop of Winchester | 716 c1201-2 (Link to this contribution)
My Lords, the noble Lord, Lord Alli, suffers, as do the churches, from the determination of the Gove...
Baroness Greengross | 716 c1202 (Link to this contribution)
My Lords, I was privileged to attend here in Westminster the civil partnership celebration of a very...
Lord Harries of Pentregarth | 716 c1202 (Link to this contribution)
My Lords, I support Amendment 119A. The Government were absolutely right to respect the religious se...
Bishop of Chichester | 716 c1203 (Link to this contribution)
I apologise for speaking again from these Benches, but one important distinction is being missed. A ...
Baroness Howe of Idlicote | 716 c1202-3 (Link to this contribution)
I also support Amendment 119A. It is quite clear from the briefings, which we have had from all side...
Lord Lester of Herne Hill | 716 c1203-5 (Link to this contribution)
First, we do not support Amendment 97E because it is not necessary. We hope that the noble Lord, Lor...
Lord Elystan-Morgan | 716 c1205 (Link to this contribution)
My Lords, I may be very naive in this matter. I was not present in the House in 2004 when the Civil ...
Lord Hunt of Wirral | 716 c1205-7 (Link to this contribution)
My Lords, I have already declared my interests at the start of Committee stage. There is a further i...
Lord Alli | 716 c1197 (Link to this contribution)
97E: Schedule 9, page 165, line 3, leave out paragraph (f)
Lord Alli | 716 c1197-9 (Link to this contribution)
I shall also speak to Amendment 119A tabled in my name and those of the noble Baronesses, Lady Campb...
Baroness Neuberger | 716 c1199-200 (Link to this contribution)
I wish to speak to Amendment 119A. As the noble Lord, Lord Alli, has cited, it is four years since c...
Lord Hunt of Wirral | 716 c1286 (Link to this contribution)
I was really following the noble and gallant Lord, Lord Craig of Radley, when he pointed out that in...
Lord Lester of Herne Hill | 716 c1286 (Link to this contribution)
I am grateful to the noble Lord. He keeps using the phrase "the front line", but does he realise tha...
Baroness Royall of Blaisdon | 716 c1286-8 (Link to this contribution)
My Lords, I, too, thank the noble Lord, Lord Low, for tabling this important amendment. We have give...
Lord Hunt of Wirral | 716 c1288-9 (Link to this contribution)
If the noble Lord will allow me, I find this a fascinating suggestion. Had it come earlier it might ...
Lord Low of Dalston | 716 c1288 (Link to this contribution)
I am grateful to everyone who has spoken. In particular, I am grateful to my noble and gallant frien...
Lord Low of Dalston | 716 c1289 (Link to this contribution)
I am grateful to the noble Lord for his positive intervention. I did not raise this before only beca...
Lord Low of Dalston | 716 c1278 (Link to this contribution)
101D: Schedule 9, page 165, line 39, at end insert—
"( ) a requirement not to be a disabled person"
Baroness Turner of Camden | 716 c1266 (Link to this contribution)
My Lords, I thank my noble friend for that very detailed response. I also thank noble Lords who have...
Baroness Thornton | 716 c1266 (Link to this contribution)
My Lords, it does. I am sorry. I misunderstood the question and gave the wrong answer.
Lord Lester of Herne Hill | 716 c1283-4 (Link to this contribution)
I do not intend to draw upon my rather inglorious career in national service as a second lieutenant ...
Lord Craig of Radley | 716 c1281-3 (Link to this contribution)
I would like to start by recognising the determination and commitment to this theme of the noble Lor...
Baroness Wilkins | 716 c1281 (Link to this contribution)
My Lords, I strongly support Amendment 101D moved by the noble Lord, Lord Low, which seeks to remove...
Lord Low of Dalston | 716 c1278-81 (Link to this contribution)
My Lords, in moving Amendment 101D, I shall speak also to Amendments 101E and 101F, which all amend ...
Baroness Howe of Idlicote | 716 c1284-5 (Link to this contribution)
My Lords, I also support my noble friend Lord Low’s amendment. Listening to this discussion takes me...
Lord Hunt of Wirral | 716 c1285 (Link to this contribution)
My Lords, I pay tribute to the noble Lord, Lord Low of Dalston, who put across his amendments in a v...
Baroness Masham of Ilton | 716 c1284 (Link to this contribution)
My Lords, in this amendment we speak of brave and honourable people, who have risked their lives. To...
Lord Mackay of Clashfern | 716 c1265 (Link to this contribution)
My Lords, the amendment that requires to be withdrawn is the one put forward by the noble Baroness, ...
Baroness Thornton | 716 c1262-5 (Link to this contribution)
The noble Lord is right; hopefully, it will mean that the law can be easily read.
Amendment 125A wo...
Lord Lester of Herne Hill | 716 c1262 (Link to this contribution)
Would it be right to say that one of the main purposes of the Bill is to state the law accurately, s...
Baroness Thornton | 716 c1265 (Link to this contribution)
My Lords, I give that undertaking willingly.
Amendments 101ZA and 101C seek to tighten up the draft...
Lord Patten | 716 c1265 (Link to this contribution)
My Lords, before the noble Baroness leaves this important point, will she be kind enough to ensure t...
Baroness Thornton | 716 c1261-2 (Link to this contribution)
My Lords, there are various matters in this debate that need to be answered and I will do my best to...
Baroness Thornton | 716 c1262 (Link to this contribution)
I do not know the answer to that in detail because I have not made that comparison myself. As the no...
Lord Hunt of Wirral | 716 c1262 (Link to this contribution)
My Lords, the Minister carefully used the words "replicate the effect of". Does that means that she ...
Baroness Thornton | 716 c1266 (Link to this contribution)
My Lords, it says "sexual orientation", so that is what it means.
Lord Lester of Herne Hill | 716 c1266 (Link to this contribution)
My Lords, I am completely satisfied and would not dream of moving either of my amendments. However, ...
Baroness Whitaker | 716 c1260 (Link to this contribution)
I came into this debate not to speak but to listen. However, I am getting extremely confused. Perhap...
Lord Warner | 716 c1259 (Link to this contribution)
I do not want to delay this debate much longer and I do not disagree with the noble Lord. I was real...
Lord Elton | 716 c1259 (Link to this contribution)
Perhaps I may address the point that the noble Lord, Lord Warner, made. I am a little puzzled by his...
Lord Patten | 716 c1259 (Link to this contribution)
I do not much care for the noble Lord’s smear of Catholic adoption agencies that they have somehow b...
Lord Warner | 716 c1259 (Link to this contribution)
Does the noble Lord not think that, when public bodies responsible for providing public services con...
Lord Patten | 716 c1257-9 (Link to this contribution)
My Lords, I support my noble and learned friend Lord Mackay in his Amendment 125A. Between us we jus...
Lord Elton | 716 c1256-7 (Link to this contribution)
The interests of the user of a service is surely not something for another day, but for us to consid...
Lord Warner | 716 c1256 (Link to this contribution)
My Lords, to answer the right reverend Prelate, I do not think we were talking at cross purposes. I ...
Lord Lester of Herne Hill | 716 c1256 (Link to this contribution)
Before the noble Lord, Lord Warner, replies, may I add a point that has not yet been made and which ...
Bishop of Winchester | 716 c1255 (Link to this contribution)
Does the noble Lord agree that he and I are talking at cross purposes about two quite different situ...
Lord Hunt of Wirral | 716 c1260-1 (Link to this contribution)
I thought that the primary purpose of this Bill was to simplify and codify the law. Perhaps I have c...
Baroness O'Cathain | 716 c1239-40 (Link to this contribution)
My Lords, I am very grateful to all those who have taken part in this debate. I am grateful to the M...
Baroness O'Cathain | 716 c1243 (Link to this contribution)
99: Schedule 9, page 165, line 8, leave out "application is a proportionate means of avoiding confli...
Baroness Royall of Blaisdon | 716 c1243 (Link to this contribution)
99A: Schedule 9, page 165, line 10, at end insert—
"( ) Employment is for the purposes of an organis...
Baroness Hayman | 716 c1246 (Link to this contribution)
I inform the House that if Amendment 100 is agreed, I cannot call Amendment 100A because of pre-empt...
Baroness Royall of Blaisdon | 716 c1239 (Link to this contribution)
Primate, I beg your pardon: he is indeed a Primate, my Lady.
They asked about court decisions. The ...
Baroness O'Cathain | 716 c1246 (Link to this contribution)
100: Schedule 9, page 165, line 13, leave out sub-paragraph (8)
Baroness O'Cathain | 716 c1246 (Link to this contribution)
I wish to test the opinion of the House.
Division on Amendment 100
Contents 177; Not-Contents 172....
Baroness Turner of Camden | 716 c1249 (Link to this contribution)
101ZA: Schedule 9, page 165, line 26, leave out "an" and insert "a genuine"
Baroness Turner of Camden | 716 c1249 (Link to this contribution)
My Lords, in moving Amendment 101ZA, I shall also speak to the other amendments in the group.
Bishop of Winchester | 716 c1252-3 (Link to this contribution)
My Lords, I welcome the amendment in the name of the noble and learned Lord and what he said about i...
Lord Lester of Herne Hill | 716 c1253-4 (Link to this contribution)
Perhaps the right reverend Prelate would tell me whether he read the last bit of paragraph 176. The ...
Lord Mackay of Clashfern | 716 c1251-2 (Link to this contribution)
I will allow the noble Baroness, Lady Turner, out of her difficulty by explaining what my amendment ...
Baroness Turner of Camden | 716 c1249-50 (Link to this contribution)
Amendment 101ZA seeks to make a relatively minor amendment to the part of the Bill that lays down re...
Baroness Thornton | 716 c1249 (Link to this contribution)
Would noble Lords please leave the Chamber quietly?
Lord Warner | 716 c1254-5 (Link to this contribution)
My Lords, I support the spirit of Amendments 101A, 101B and 101C. I am particularly attracted to the...
Bishop of Winchester | 716 c1254 (Link to this contribution)
I read to the end of the paragraph and it is side-lined in my text. But I am intrigued by the langua...
Lord Harries of Pentregarth | 716 c1229 (Link to this contribution)
I am sorry to interrupt the right reverend Prelate, but the whole tenor of his speech seems to be in...
Bishop of Winchester | 716 c1229 (Link to this contribution)
That is not the point, as I and others see it. It seems precisely that, just as the noble and learne...
Lord Warner | 716 c1229 (Link to this contribution)
Does the right reverend Prelate accept that, even if this Committee passes the amendments proposed b...
Bishop of Winchester | 716 c1229 (Link to this contribution)
No. We have heard that point argued on different sides of the Committee by eminent lawyers and I am ...
Lord Lester of Herne Hill | 716 c1230 (Link to this contribution)
My Lords, the right reverend Prelate said that I have not been accurate. Does he mean by that that I...
Bishop of Winchester | 716 c1230 (Link to this contribution)
My Lords, that would be a case for a judge, not for me.
Baroness Deech | 716 c1230 (Link to this contribution)
My Lords, I have thought long and hard about this matter and I wish to share a short and general tho...
Bishop of Exeter | 716 c1232 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Lester, for taking us in his inimitable way through ...
Lord Tebbit | 716 c1232 (Link to this contribution)
I will just make one short observation. It seems from what has been said from the Benches opposite a...
Baroness Warsi | 716 c1233-4 (Link to this contribution)
My Lords, that is a very interesting point at which to rise. I noted earlier the comments made by th...
Lord Wedderburn of Charlton | 716 c1234 (Link to this contribution)
I am sure the noble Baroness would not wish to be unfair to the Government in any respect, but it ha...
Lord Lester of Herne Hill | 716 c1233 (Link to this contribution)
Before the noble Lord sits down, would he agree that the rule of law—
Lord Sentamu | 716 c1238 (Link to this contribution)
I am very grateful for the noble Baroness’s explanation. However, I am still not sure what is meant ...
Baroness Warsi | 716 c1234-5 (Link to this contribution)
The noble Lord makes an important point and it is to clear up that confusion that I raised these que...
Baroness Royall of Blaisdon | 716 c1235-8 (Link to this contribution)
My Lords, this has been an excellent debate on an important group of amendments. I have to say that ...
Baroness Trumpington | 716 c1239 (Link to this contribution)
He is a Primate, not a Prelate.
Lord Pilkington of Oxenford | 716 c1224 (Link to this contribution)
Would the noble Lord explain how other members of the European Community—France, for example, and Ge...
Lord Lester of Herne Hill | 716 c1224-5 (Link to this contribution)
I am not addressing the issues about faith schools at this stage and it is confusing to do that. I p...
Baroness Turner of Camden | 716 c1222 (Link to this contribution)
My Lords, these amendments deal with the requirements which an employer with a religious ethos may d...
Lord Davies of Coity | 716 c1222-3 (Link to this contribution)
My Lords, noble Lords might recall that at Second Reading and on the second day of Committee I expre...
Baroness Butler-Sloss | 716 c1219-21 (Link to this contribution)
I have added my name to Amendments 98, 99 and 100. In the same way as the noble Baroness, Lady Campb...
Lord Sentamu | 716 c1219 (Link to this contribution)
I am still puzzled, given that in 2004 the Government successfully defended the compatibility of the...
Bishop of Winchester | 716 c1228-9 (Link to this contribution)
The freshness is because the Government have all along said, although we have not accepted it, that ...
Lord Wedderburn of Charlton | 716 c1228 (Link to this contribution)
I hesitate to interrupt the right reverend Prelate again, but surely the word "proportionate" is alr...
Bishop of Winchester | 716 c1228 (Link to this contribution)
Obviously I am aware of the material from which the noble Lord has quoted, but it remains my content...
Lord Lester of Herne Hill | 716 c1227-8 (Link to this contribution)
Is the right reverend Prelate aware that Article 4(1) of the framework directive states specifically...
Bishop of Winchester | 716 c1226-7 (Link to this contribution)
The more I listen to the noble Lord, the more I find, as was the case when I listened to the noble B...
Lord Lester of Herne Hill | 716 c1226 (Link to this contribution)
My memory is normally terrible, but I think what happened was that the House did approve them, the C...
Lord Campbell of Alloway | 716 c1226 (Link to this contribution)
Those amendments were moved by me to get religious toleration an exclusion from the very sort of pos...
Lord Lester of Herne Hill | 716 c1225 (Link to this contribution)
Of course there is a difference in the wording. But in each case, under the regulations and now, the...
Baroness Butler-Sloss | 716 c1225 (Link to this contribution)
Does the noble Lord see any difference between the wording in Regulation 7(3), which did not have pr...
Lord Lester of Herne Hill | 716 c1225 (Link to this contribution)
I believe that the Bill strikes a fair balance and that the removal of the principle of proportional...
Lord Graham of Edmonton | 716 c1230-2 (Link to this contribution)
My Lords, I rise to make a brief intervention. Over the weekend, I listened to the warning given to ...
Lord Lester of Herne Hill | 716 c1223-4 (Link to this contribution)
I hope in this debate that I am the lighthouse and not the aircraft carrier, but we will see. Before...
Lord Sentamu | 716 c1251 (Link to this contribution)
The noble Lord said that the Lords Spiritual were like turkeys voting for Christmas. Actually, the G...
Lord Lester of Herne Hill | 716 c1250-1 (Link to this contribution)
I shall speak to this group of amendments as a whole. I cannot resist making the observation that, i...
Baroness Royall of Blaisdon | 716 c1238-9 (Link to this contribution)
My Lords, as I mentioned when I originally spoke to this amendment, the Secretary General of the Syn...
Lord Pilkington of Oxenford | 716 c1221-2 (Link to this contribution)
My Lords, I want to widen the debate somewhat, because it touches the very roots of democracy in soc...
EC documents
DIR2000/78/EC
Notes
In the second division Lord Layard should be included in the list of those voting Content in place of Lord Lamont of Lerwick.
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2023-12-11 09:32:26 +0000
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