UK Parliament / Open data

Enterprise and Regulatory Reform Bill

It is good to see you back in your place, Madam Deputy Speaker.

Before I turn to the four issues covered by this group of amendments, it is worth revisiting the supposed purpose of the Bill. It is supposed to be an enterprise Bill that will generate growth. It was referred to as a Christmas tree of a Bill when it left us, but it has since become something of a forest.

Let me deal with each of the four issues in turn. The first is the Government’s move to repeal the general duty for the Equality and Human Rights Commission contained in section 3 of the Equality Act 2006. The Lords wished to reverse the Government’s move to repeal section 3 of the 2006 Act and we agree with them. The general duty sets out the mission and vision of the commission. It is worth repeating that duty, which is for the commission to encourage and support

“the development of a society in which…people’s ability to achieve their potential is not limited by prejudice or discrimination…there is respect for and protection of each individual’s human rights…there is respect for the dignity and worth of each individual…each individual has an equal opportunity to participate in society, and…there is mutual respect between groups based on understanding and valuing of diversity…equality and human rights.”

The Government wish to repeal all of that as part of their red tape challenge, on the basis that it is a

“vague, unnecessary and obsolete provision from the Equality Act 2006”,

as the Minister put it in her letter to me yesterday. I could not disagree with her more.

I made the point on Report that this is not red tape. Vision and mission are important. The reason that the Government have failed on all manner of fronts is that they lack vision and mission. As Baroness Campbell, who sponsored the amendment in the Lords, said, the duty imports the cultural and ethical principles of equality and human rights into the commission’s remit. It makes it clear that the commission is there not just to enforce rules but to change culture.

Personally, I believe that we as a country have made a great deal of progress in this regard since I grew up here and since members of my family arrived here from abroad. However, Baroness Campbell also said:

“We would not wish to risk slipping back to the time before the Stephen Lawrence inquiry, but if Section 3 goes and the equality duty is weakened or lost shortly after, I feel that is precisely where we will be heading.”—[Official Report, House of Lords, 4 March 2013; Vol. 743, c. 1278.]

Indeed, Doreen Lawrence has resolutely opposed the removal of section 3. Baroness Campbell enjoyed overwhelming support from most of the others who spoke on this issue in the Lords, and numerous others outside Parliament have objected to the repeal, fearing that the changes will result in a much weaker body. Those who have objected include Justice, the Fawcett Society, Mind, the Refugee Council and the Equality Trust.

Having listened to the arguments on this matter in both Houses and outside Parliament, the commission itself has now said that unless the Government can provide additional robust reasons for removing the general duty—which they have not done—the case for removing the Lords amendments in the Commons will not have been made. The commission therefore continues to support the retention of the general duty and the maintenance of the position established by the Lords. I put it to the Minister that if the commission is content to support the retention of the duty—which is doing no harm; indeed, it is doing quite the opposite—why does she think that she knows better?

Let us not forget that the Government are not only seeking to water down the commission’s remit; they have also cut its budget by more than 60%. The cut was so great that the United Nations High Commissioner for Human Rights was moved to write to the Government in June and July last year to express concerns.

Type
Proceeding contribution
Reference
561 cc225-6 
Session
2012-13
Chamber / Committee
House of Commons chamber
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