My Lords, one of the disadvantages of being around as long as I have is that you observe the tide flowing in and flowing out—ebbing
and flowing. I have followed the equality debate, participated in it and in some instances been a victim of it over many years. Tides such as progress in equality need to be measured. The section that we are debating is as good a measurement as one could get. The progress that we seek will be advanced by the amendment moved by the noble Baroness. She advocates that the retention of Section 3 is an absolute requirement. The question is not just for those outside the debate but for those who are part of it.
Section 3 is the quality control mechanism by which the Act can be judged from time to time. However, it has a much wider purpose. It can be the section by which the Government’s commitment, activity and purpose in this field are judged. The proposal to repeal Section 3 is equivalent to the referee blowing the final whistle before the match has ended. It should not be the case, when debate is still going on and before it is concluded, that the key mechanism by which we can measure progress and draw some conclusions is under threat. That is why it is important that, whatever emerges in legislative terms from the Bill, Section 3 is retained. The message that its removal would send would downgrade all the other aspirations of the Bill.
Many pioneering people have made valuable contributions. However, as we have heard in the debate and read in the press, we have not abolished discrimination on grounds of race, gender, disability or otherwise. There is still a job to be done. I do not believe that at this point removing the general duty would enhance confidence in the Government’s commitment to the whole issue of discrimination. The job is not done. There is much more to do. In the best tradition of the way in which your Lordships’ House is able to engage all strands of opinion, I believe that on this issue the Government should take note and retain Section 3. It is not just a question of how others would be measured; it is a question of how the Government would be measured and judged. I support the amendment.
5.15 pm