My Lords, in moving Motion A I will speak also to Motion B. We are now discussing the provisions in the Enterprise and Regulatory Reform Bill, which seek to reform the remit of the Equality and Human Rights Commission. I will turn in a moment to the specifics of the Motion and the amendments before us. First, let me remind the House why we are discussing the EHRC, or what we often more commonly refer to as the commission, Britain’s designated equality body and “A-rated” national human rights institution.
In May last year, we set out our plans to support the commission to become the valued and respected national institution that we all want it to be. Even the commission’s many supporters in this House have acknowledged that the first few years of its existence were anything but trouble free. I am not going to go into the detail of these problems again today, but I do want to be clear that the Government’s motive in making changes was and is to secure a successful future for the commission so it is in the strongest position possible to do its vital work.
We are already making progress. In the past three months alone we have agreed with the commission a new governance framework document and budget, both of which ensure that the commission is able properly to fulfil its important duties and protect its operational independence. The new chair, the noble Baroness, Lady O’Neill, and other members of the new board have now been in post for several months and are building on the work of their predecessors. We believe that the commission is going from strength to strength. Indeed, the working relationship between this Government and the commission is marked by a
mutual respect and clear understanding of the distinct roles that each is there to fulfil and how we can work together towards a fairer society. I believe that this will be evident when we come to the next debate on caste discrimination.
Having given that introduction, let me move to the Motions in front of us. In the ERR Bill, the Government originally put forward two legislative changes that we believe will underpin the positive changes which our non-legislative reforms have already helped to bring about. This House rejected the Government’s amendments on Report, but the other place has disagreed.
First, we are asking noble Lords not to insist on their Amendment 35, which would remove from the Bill the repeal of Section 3 of the Equality Act 2006, what is otherwise known as the commission’s general duty. Section 3 imposes a general duty on the commission to perform its functions with a view to “encouraging and supporting the development” of a fairer society and it sets out five ways in which it should do this. As I have made clear during all of our debates, the statement included in that general duty is one we can all support because we all want a fairer and more equal society. However, it is this Government’s view that making this a statutory duty for the Equality and Human Rights Commission, in addition to its specific responsibilities to promote and to protect equality, diversity and human rights, dilutes the clarity of purpose necessary for it to be effective and successful.
The Government are clear that the commission’s core purpose is what I have just said—to promote and protect equality, diversity and human rights. That purpose is underpinned by the detailed duties contained in Sections 8 and 9 of the Equality Act 2006. The repeal of the general duty does nothing to affect the commission’s ability to fulfil these duties. It is our view that its focus on them will enhance its performance.
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As much as I understand many noble Lords’ wish for Section 3 to remain, during the debates in both Houses we have not heard any example of how its repeal would prevent the commission carrying out the kind of work which has had real impact. Indeed, in its most recent briefing paper, circulated to all Peers, the commission explains that its programme of work is guided by the specific powers and duties in the Act. The work for which it is respected and which has had great effect, such as its inquiry into disability-related harassment—and there are many others—would not be affected by the removal of the general duty at Section 3. Again, the commission itself has confirmed this in its own briefing note.
In many ways, the general duty could be argued as nothing more than symbolic and should therefore be left in place, but that is not the case. The commission is required to monitor progress against the general duty and to provide a comprehensive report to Parliament. This brings me to Lords Amendment 36, in relation to the commission’s monitoring duty at Section 12.
Section 12 sets out the commission’s duty to monitor progress against the aims set out in Section 3. We are asking noble Lords not to insist on their Amendment 36 so that the commission reports instead on progress
against its equality and human rights duties, those at Sections 8 and 9. This is a consequence of the repeal we are seeking of Section 3 but it also reflects our aim to focus the work of the commission. The present monitoring requirement is burdensome. Can we reasonably expect the commission to report meaningfully against the changes in society in relation to the aims in the general duty?
Enabling the commission to report against its equality, diversity and human rights duties will still allow it to monitor and report widely on changes in society relating to these duties, and thus hold a mirror up to society in these respects. It will also allow it to monitor and report on its own impact on the areas that it is uniquely placed to influence and change. However, to go further and ask it to assess how “fair” society is gives rise to ill-targeted and costly work. Having clearly focused monitoring and reporting will ensure that evidence directly feeds into the commission’s plans, and enable Parliament and the Government to hold the commission to account as the reports will be able to show where the commission is having impact, and where work still needs to be done.
We have debated the Equality and Human Rights Commission in great depth on several occasions over the past few months. I thank again all noble Lords who have given up their precious time to do so with me in private as well as on the Floor of the House. One thing we all agree on is that we want the commission to be an effective national human rights institution and equality body, trusted and respected to promote and protect equality and human rights. It is because we care that we are making these reforms. We are confident that, with these changes, the commission will continue to go from strength to strength with new leadership, an agreed budget, and a new framework document that recognises the commission’s continuing independence.
The other place has made clear its views. We therefore ask that noble Lords do not insist on their amendments. I beg to move.
Motion A1