I congratulate the hon. Member for Bath (Wera Hobhouse) on progressing this Bill, which tackles the important issue of sexual harassment in the workplace. I thank her for the pragmatism she has shown to ensure that the Bill can progress with agreement from across the House. It is slightly disappointing to see the shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders), take such a partisan approach, because the Bill has had cross-party support throughout all its stages.
It is often very difficult for private Members’ Bills to pass through this place, but the Government have fully supported the Bill, because it is such an important issue to tackle. We have especially made time for an additional sitting Friday, to ensure that the Bill passes. We remain committed to tackling sexual harassment in the workplace by introducing the employer duty, to strengthen protections in the Equality Act 2010.
While I note the concerns from my hon. Friends the Members for Southend West (Anna Firth) and for Devizes (Danny Kruger), I am very pleased that consensus has been reached here and in the other place, and I hope Members will agree that this important Bill should now be on the statute book. I would like to particularly thank my hon. Friend the Member for Devizes, who has some genuine concerns about the Bill that he has expressed today and at previous stages.
This is a difficult subject. While there may be differences in views and opinions, I am really pleased that the hon. Member for Bath has been able to progress the Bill through both Houses, because we need to make our workplaces better and safer. That is particularly true for women. We have heard recently about some of the experiences of female surgeons in the healthcare system. With my other hat on as a Health Minister, I am particularly pleased that this legislation will hopefully prevent some of those experiences in future.
I turn to the Lords amendments. Lords amendment 1 leaves out clause 1, to remove the proposed liability of employers for third-party harassment in the workplace. I am glad to hear that the amendment to remove this third-party harassment liability eases concerns that it could have had a chilling effect on free speech in the workplace. I am pleased that that has been addressed. There are some—I know the hon. Member for Bath is one of them—who are disappointed that the amendment has removed the third-party harassment liability, for
very valid reasons, but this is about getting a compromise, so that we get the majority of the measures in the Bill through this place.
The Government believe it is important that workers are protected against this form of harassment, and good employers are already taking steps to ensure that their employees are protected from harassment by third parties, regardless of the legal position. However, to progress the Bill, we have had to be pragmatic, acknowledge the complexities at play and find a suitable balance. While we want to strengthen protections, we also do not wish to infringe on individuals’ rights to freedom of speech. Everyone has the right to their views and to debate them just as we are doing today, respecting others’ views in the process. The aim of the Bill is to tackle workplace harassment and not limit people’s freedoms. It is important to remember that, despite the removal of the third-party harassment provision, the Bill will still introduce a new duty on employers to take reasonable steps to prevent sexual harassment.
The Government’s priority is to ensure that the legislation works effectively. We have consistently consulted with a wide range of stakeholders and have listened to all their views. As my hon. Friend the Member for Southend West has consulted with her chamber of commerce, the Government have done so more widely. When concerns regarding the potential chilling effect on free speech were first raised as the Bill progressed through the Commons, the Government took on board those issues. It was feared that employers may take unreasonable or drastic measures to avoid liability for harassment of their staff, particularly by third parties, to the extent that they would feel obliged to shut down conversations in the workplace. While employers will be expected to take action against workplace harassment, we recognise that those actions should fall short of prohibiting conversations. Free speech is crucial to our way of life, and it is important that we found a way forward.
With over 40 amendments tabled to the Bill in the other place following its Second Reading on 24 March, even after the Government tabled their amendment, it was clear that there remained concerns that the Bill would still have a chilling effect on free speech. The Government took those amendments very seriously, as they were fatal to the Bill. In our engagement with stakeholders and peers, we heard the strong concern, particularly about the third-party harassment issues, so we were eager to find a balance and a way forward for the Bill to reach the statute book with cross-party support. Therefore, the Government have been pragmatic and alive to the issues raised, and consensus was reached with peers by removing all but two of their amendments. The shadow Minister, the hon. Member for Ellesmere Port and Neston, did not comment on the other amendments—over 38 of them—that we managed to get removed.
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On 14 July in Committee, the Lords amended the Bill to remove from it the proposed liability of employers for third-party harassment in the workplace, which we are asking Members to support today. Again, I have said all along that we will not be introducing protection against third-party harassment. It has to be remembered that we will still be introducing a new duty on employers to take reasonable steps to prevent sexual harassment in the workplace, so I hope hon. Members can see that we are strengthening protections, but we have to be alive to the concerns of the other place.
We have accepted Lords amendment 2—to leave out the word “all” in clause 2, page 2, line 27—which changes the requirement on employers in respect of their duty to prevent sexual harassment from taking “all reasonable steps” to taking “reasonable steps”. I understand that the removal of “all” means that that duty does not go as far as the hon. Member for Bath would originally have liked, but it does reassure Members in the other place that the introduction of a duty on employers to take reasonable steps to prevent sexual harassment will strengthen protection for workers.
Before I close, I will touch on the concerns expressed by my hon. Friend the Member for Devizes. It is important to say that the Government recognise that sexual harassment in the workplace exists, and while protecting free speech is important, we constantly hear of these experiences, day in and day out—particularly the experiences of women, but the hon. Member for Bristol East (Kerry McCarthy) touched on the harassment of men as well. We cannot stand by and let that continue. Guidance and measures are already in place to encourage employers to protect their employees, and the tribunal system is in place as well, but that is clearly not enough, which is why the Bill is so important. However, we have listened to the concerns around the impact on freedom of speech.
I am very happy to support the hon. Member for Bath, and thank her again for all her work in this place on the Bill and for her pragmatism. I know that the amendments were difficult ones to accept, but this Bill will make a difference to the safety of workers in the workplace, and I congratulate her on her work.