Thank you, Mr Deputy Speaker. I am speaking to the amendments, so I will be more specific.
Clause 1 is very helpful, and the amendments support it. I recognise that clause 1 as drafted would have protected Kathleen Stock, the professor at the University of Sussex who was the victim of harassment and intimidation at her university, when the university did not step in to support her. The problem is that it would have also prevented Kathleen Stock from speaking at other universities, because those universities would have insisted that their employees were the victim of harassment or abuse by her presence. We have a real problem with universities gold-plating the Equality Act and other legislation, and their excessive invocation of the Equality Act should not be happening. The problem I have with the clause as drafted is that it would not only have justified but could have necessitated the sort of censorship that we need to be concerned about.
I recognise that the Bill presents a particular challenge to public-facing employers, because it seeks to prevent intimidation on the part of not only fellow employees but members of the public. I am concerned about the concept of “reasonable steps” that employers are expected to take. I am going to make a few absurd suggestions, and I would be interested to hear the Minister’s response to whether the amendments will indeed prevent such scenarios.
Will pubs be expected to put up signs saying, “No banter allowed” in order to take reasonable steps to prevent harassment? The three-strikes rule in the 2010 Act that was repealed in 2013 ensured that what was prohibited was a course of conduct that was harassing. Now employers are expected to head off at the pass any possibility of harassment, because they are liable at the first instance of harassment. Will pubs be required to proactively prevent anything that might constitute
harassment? The fact is that a censorious spirit has entered the soul of organisations that hold power and responsibility in our country. We have seen a somewhat absurd instance of that this week with the Welsh rugby stadium banning the singing of the song “Delilah” and the local police chief tweeting his support, as if it is his job to determine what fans sing.
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Let me put this absurd suggestion to the Minister: what if the crowd at a football match were to chant or to shout, “You’re blind,” at the ref, and a partially sighted steward, hot-dog seller or some other employee of the stadium were to hear that? Surely they would be entitled to at least make a claim under this Act. If not, I would be grateful for that confirmation. I very much applaud and recognise the amendment that has been introduced, and I wish to finish by confirming my support. There is a whole list of criteria that is now required for the Act to be enforceable. I am not totally clear about that, but I think I heard the Minister list all the criteria.