My Lords, we have had another powerful debate and the speeches have clearly been impassioned and important. As this issue is so important, the Government have given careful consideration to whether the power in the Equality Act 2010 that would make caste an aspect of race should be exercised.
Let me be clear. We do not think that anyone should suffer prejudice or discrimination, whether because of caste or of any personal characteristic. Such behaviour is wrong. It should not be condoned, whether or not it is prohibited by legislation. However, before bringing in legislation, a responsible Government will ensure that that is the most appropriate way of tackling a specific problem; that the solution does not go substantially wider than the problem that it is meant to address; and that it does not create needless red tape, additional and unnecessary cost burdens for business. That is the essence of what this Bill is about.
Turning to the NIESR research, I am aware that it suggests that some caste discrimination and harassment may exist in areas covered by discrimination legislation. The report also states that it is impossible categorically to determine whether caste discrimination within the meaning of the act has occurred:
“Proof either way was impossible, particularly because evidence was gathered from a single person only”.
That is not saying the same as that there is now a compelling case to legislate. Using the letter of my noble friend Lord McNally, the noble Baroness, Lady Thornton, made her point about whether NIESR had shown that discrimination had occurred. We do not believe that the debate turns on whether there is any discrimination on caste grounds. The debate is about whether legislation is a proportionate response, given the range and nature of the problem.
In response to the noble and right reverend Lord, Lord Harries, we are not resisting legislation in deference to high-caste views. We are wary of adopting a legislative
approach, because we are concerned that that would not be a proportionate solution. The noble and right reverend Lord’s analogy, relating as it did to race, is not therefore appropriate. That said, we must consider whether legislation is necessary. There are examples in the NIESR report of incidents, such as vandalising property or threatening behaviour, that may constitute criminal activity and so would already be captured by domestic law.
Your Lordships should—and, I am sure, do—bear in mind that once legislation was enacted, ensuring the prevention of caste discrimination would become the legal responsibility not just of every public authority but of every private employer, service provider and school throughout England, Scotland and Wales, irrespective of their size or location and of whether they had ever encountered caste or even knew what it was. While I understand the arguments made by my noble friend Lord Deben—
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