My Lords, in moving this amendment I declare an interest as the Minister partly responsible, along with my noble friend Lady Royall, for supporting the amendment to the 2010 Equality Act to give power to the Minister to add caste as a strand of race discrimination in the Act, following a period of research to establish whether caste discrimination exists in the UK and requires a legislative response.
That research took place. It was conducted by the National Institute of Economic and Social Research in 2010. In the past two years, the Government have failed to act. What is even worse—I hope to stand corrected by the Minister if I am wrong—they have failed to discuss with or consult effective groups and organisations in all that time.
The report that I referred to states clearly on page 48:
“Firstly, the overlap between religion and caste. Some of the cases might have been either caste or religious discrimination. This does not mean that caste discrimination laws would be redundant. Ravidassias and Valmikis may be protected under religion or belief discrimination laws. However, low caste individuals of other religions or none will not always be covered, nor would the harassment using offensive caste language. Thus, without legislation specifically prohibiting caste discrimination, such discrimination would only be partially reduced by law”.
Most recently, the EHRC stated:
“The … Commission supports the enactment of Section 9(5) of the Equality Act 2010, which provides that a Minister may by order amend the statutory definition of race to include caste and may provide for exceptions in the Act to apply or not to apply to caste. The Commission notes the findings of the government-commissioned National Institute of Economic and Social Research … paper on caste discrimination. In light of this, the Commission would suggest legal protection under the Equality Act 2010 for those experiencing discrimination in Britain should be as comprehensive as possible”.
During the past two years, despite questions and requests, the Government have ducked the issue. They have said that there is no consensus on it. However, the organisations that deny discrimination—the Hindu Council and Hindu Forum—do not like and have never liked the proposals, and it is not surprising that they resist change. They pray in aid an exchange of letters between the noble Lord, Lord McNally, and the research organisation—I wonder whether the Minister
is familiar with it. In September 2012, Dr Hywel Francis MP, chair of the Joint Committee on Human Rights, received a letter from the Minister, the noble Lord, Lord McNally, stating:
“This is an emotive issue in which the considerations as to whether to legislate or not are finely balanced. For instance, as I have indicated, there is no consensus of opinion among the wider Hindu and Sikh communities as to whether such legislation is necessary. You also mention the evidence that is currently available through reports such as the NIESR report from 2010. While the NIESR report considered that: ‘Evidence of [caste] discrimination and harassment was found’ it also acknowledged that ‘proof either way was impossible’. Ministers are therefore considering the arguments presented by a range of stakeholders together with whether legislating would be a proportionate response to the significance of the problem and the scale of the issue domestically”.
I have to two things to say on this. First, the letter sent to the noble Lord, Lord McNally, by the director of the research body concerned was completely clear in stating that,
“I think it would be useful to clarify our conclusions from the study, as your two quotes may leave some confusion. Our statement that ‘proof either way was impossible’ was a philosophical point over the nature of knowledge and proof. Unless a discriminator admits to discrimination, one can rarely be certain discrimination has occurred. This equally applies to, for example, race and sex discrimination, the existence of which we do not doubt. Notwithstanding the philosophical point, the evidence strongly suggests that caste discrimination and harassment, including of the type which would fall under the Equality Act, exists in Britain. I hope this clarifies our findings”.
Secondly, the bodies which do not want this legislation are part of the reason why such discrimination exists, so of course they do not want it. I therefore think that the ambiguity in that report has been cleared up.
On the discussions that have taken place, I understand that the noble Lord, Lord Dholakia, hosted a meeting between Ministers and the Hindu Council and Hindu Forum in 2011, soon after the report was published. However, neither the alliance that is fighting caste discrimination, the ACDA, nor, to my knowledge, any stakeholders representing victims of caste-based discrimination were invited to that meeting. I also understand that the response of the noble Baroness, Lady Verma, to Parliamentary Questions—one of which was mine—in which she stated that there was no consensus on using Section 9(5) was based on views expressed at the meeting convened by the noble Lord, Lord Dholakia. I also understand that when the two Ministers—Lynne Featherstone and the noble Baroness, Lady Verma—attended a meeting of the alliance in January 2011, they refused to comment on the report’s findings.
The need for legislation is clear. Existing religious discrimination legislation only partially covers caste discrimination. Reliance on this was deemed inadequate. There is a real danger, if the UK Government do not accept and deal with the issue of caste discrimination, that the problem will grow unchecked, with devastating consequences for thousands of people in the UK. The report by the National Institute of Economic and Social Research contends that relying on the Indian community to take action to reduce caste discrimination and harassment will be problematic. Instead, it recommends that legislative steps be taken to provide redress for victims.
I hope that the Minister will accept the amendment. It is very simple and it would right a great wrong. However, if she does not feel at this point in the Bill that she can accept it, fairness, justice and truth will be served if she agrees, with her ministerial colleagues, to meet the ACDA and other organisations that have been consistent and vigilant in their search for equality for Dalits in the UK. The Government owe them the courtesy of a hearing. I beg to move.
7.30 pm