It is a pleasure to follow the hon. Member for Bedford (Richard Fuller), although I do not agree with him. I do not deny that there could be reform of, for example, the tribunal system, but no-fault dismissal is an attack on workers’ rights. That is not, as some say, a misunderstanding on the part of the public. My constituents know when their rights are under attack, especially when they are already worried about employment stability. The Secretary of State for Business, Innovation and Skills has ruled out proposals on no-fault dismissal in the Bill, and I hope that the Minister reaffirms that in his winding-up speech.
I welcome the green investment bank, particularly as it will be based in Edinburgh. I am sure that my fellow Scots will have the good sense to realise that that and many other aspects are good reasons why we should remain part of the United Kingdom as opposed to being separate.
Having said that, I shall try to keep my speech short and concentrate on clause 51, which is so important to the Secretary of State that he mentioned it only in response to an intervention from my hon. Friend the Member for Streatham (Mr Umunna). I do not agree with the Secretary of State; it is an important measure. It is not, as he said, just a tidying-up exercise.
The clause removes powers from and reduces the duties of the Equality and Human Rights Commission, which was set up by the Equality Act 2006 as an independent statutory body and regulator. It is responsible for enforcing equality legislation on age, disability, gender, race, religion or belief, sexual orientation, or transgender status, and for encouraging compliance with the Human Rights Act 1998. It has a duty to challenge prejudice and disadvantage and promote the importance of human rights. It works to reduce inequality, eliminate discrimination and strengthen good relations between people.
According to the Government, that apparently means that the EHRC is biased, which goes to show how shallow their grasp is of the serious, endemic problem of discrimination in our society, and how little commitment they have to tackling it. Perhaps that is why the Business Secretary did not bother to mention it apart from in response to an intervention.
Undertaking those functions effectively requires proper funding and the retention of the EHRC’s full legal remit. We know that the Government have had it in for the EHRC for some time and have sought to undermine it, but that is not to say that there have not been problems. It is a new and innovative organisation, and to some extent such problems are to be expected. In my Westminster Hall debate only a few weeks ago, I highlighted the EHRC’s 62% budget cut and 72% cut to staffing by 2015 from the original 2007 level. The cuts to its resources and remit almost annihilate the commission, and render it little more than a talking shop.
That is a great pity, because the establishment of the EHRC was groundbreaking. Legislation to outlaw discrimination has existed for more than 40 years, but, typically, new Acts have focused on one area of policy—for example, on pay, equal treatment of women or race discrimination. The body of law was introduced in a piecemeal way over a long period and developed inconsistencies. The 2006 Act harmonised existing law in a more coherent whole and introduced new requirements. It was subject to extensive pre-legislative scrutiny and had support from civil society and had all-party support. Having sat through the proceedings, I can say that the Liberal Democrats continually lectured the then Government on how the measures did not go far enough, and said how keen they were on the public sector equality duty, which is now up for review.
Consensus was achieved on the introduction of the Act, but the Government’s so-called consultation on building a fairer Britain was a bit of a farce. They have ignored the majority of responses which, by their own admission, were against the changes they propose.
The socio-economic duty is not currently in force, but its repeal is a political totem for the Conservative party, which has always opposed it. Everyone knows that socio-economic duties are not the Conservative party’s thing, but the Minister for Equalities, a Liberal Democrat, also took part in proceedings on the 2006 Act. At that time, she thought the socio-economic duty was so important that there should be separate legislation to deal with socio-economic issues. Will the Minister tell us when the Government will introduce such legislation?
The Government want to repeal the general duty in the Act because they say it has no specific legal purpose and does not help to clarify the precise functions that the EHRC is required to carry out. Not surprisingly, many do not agree with that. It is a purpose clause that sets out the broad goals and underlying principles of
the legislation. The Government have admitted that the majority of respondents to their consultation were opposed to repeal by nearly six to one, and were concerned about losing the guiding principles and values set out in the general duties as debated in the House during the passage of the Act.
The Joint Committee on Human Rights at that time agreed with those principles, as did other hon. Members, including the then Member for Daventry, now Lord Boswell, who said:
“I have no difficulty at all with the general duty in clause 3 —that is what most of us are in politics for.”—[Official Report, 21 November 2005; Vol. 439, c. 1331.]
I know that to be true of him from the many contributions he made in this House, but it is not true of the coalition.
The purpose clause on the socio-economic duty is about values. Crucially, it illustrates how our society views, and attaches importance to, matters of equality. It is a pity that the French experience will now be superior to ours. The French have adopted the duty in legislation but, unlike us, are not cutting back when it comes to carrying it out.
I sat through proceedings on the 2006 Act. Hon. Members will have realised that I have strong feelings about these issues, so I shall cut my speech short. Clause 51 is not a tidying-up measure; it takes us backwards. It should not be supported and it should not be in the Bill in the first place.
7.59 pm