UK Parliament / Open data

Worker Protection (Amendment of Equality Act 2010) Bill

My Lords, I echo all that my noble friend Lord Hannan said, and I am delighted that we have reached agreement and a way forward on the Bill. I will just add a few words on why I added my name to opposing Clause 1 standing part of the Bill. This is not simply a free speech issue. Clause 1 amends Section 40 of the Equality Act 2010. A new subsection (1B) defines a third party as

“a person other than … A, or …an employee of A’s”,

which noble Lords will recognise as a double possessive. It has both “of” and “A’s”. While a double possessive can occasionally be used to avoid ambiguity, there is no ambiguity in Clause 1. Fowler’s Modern English Usage, which is my Bible, has it listed as a sturdy but indefensible “freak of idiom”. My own view is that when we legislate, we should use the best possible version of the King’s English that we can find. I tried to table a specific amendment on this, but the usually very helpful Bill Office refused to let me do so, even though there is no direct prohibition in the Companion. I have no idea how one is supposed to correct grammatical errors or poor use of language other than by an amendment—I shall have to fight that another day.

The wording is also found in the Equality Act 2010, in Sections 39 and 40, so I can celebrate that by removing Clause 1 from this Bill, the Bill has been

saved from repeating that poor use of the English language. But the 2010 Act remains intact with its double possessives, and I hope that my small intervention today might someday lead to its rectification.

Type
Proceeding contribution
Reference
831 cc2028-9 
Session
2022-23
Chamber / Committee
House of Lords chamber
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