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Equality Bill [HL]

My noble friend will not be at all surprised by what I have to say in broad terms. I hope that some of the points I make will be relevant to why this debate has arisen. Paragraph 12(1) of Schedule 1 makes sure that we give the commission the freedom and flexibility to determine its own structures. I have talked about the three themes of the day—independence, freedom of action and lists. This proposal comes under freedom of action as it would enable the commission to determine for itself what it wants to do. It is very important, if we are to make this body effective, to give it operational ability to choose how it will determine its work to some degree, which includes setting up appropriate committees. We cannot predict what the challenges and priorities of the new commission might be for the future. It might choose to do a specific piece of work and, as a result, establish a committee to bring together particular experience or expertise. The commission will no doubt want to create committees for specific purposes. I do not think that we can legislate for committees which do not have a clearly defined or specific purpose. That would be the effect of Amendment No. 19, although I accept that it is a paving amendment. I am very concerned that we avoid silo management in the Bill where at all possible. One of the great value-added benefits of a new single commission is the ability to bring a new and inclusive approach to promoting equality across the different areas. So establishing a statutory race or gender committee at this point, with delegated functions, in advance of that full debate about what needs to happen would, in my view, run counter to the goal of maximising the benefit of bringing the commissions together. In fact, one could argue that there is little point if we simply recreate within the structures exactly the same processes or organisational structures that we have now. I think the proposal stems from a genuine concern at the heart of setting up the new commission, which is that we do not dilute the work or the critical nature of the issues, particularly, as my noble friend has indicated, on race and gender. Of those two, the issues on race equality are particularly pertinent. As I said at Second Reading, race equality must be at the heart of planning the new commission, particularly in   that period before the work of the Commission for Racial Equality fully transfers to the new commission. We want the CEHR and the Commission for Racial Equality to work together very closely to make sure that this is done effectively. I hope that as we design and develop the new commission and as it takes its place in 2007, the fears that I understand noble Lords and others have that the issues are not diluted will be fully addressed. I make a commitment to ensuring that my colleagues who will be responsible for this understand and undertake to do that. I think that will go quite some way to addressing what lies behind the needs of noble Lords who want to see the representation of particular committees in this way. The three commissions have been trailblazers and we must not under any circumstances lose the work they have done in their own distinct areas. It is very important that we capture it and move it forward. If we fail to do that, we will hamper the new commission. If the commission decides that it wishes to have its own committee on race or gender issues, it can already do so under the Bill. On the basis that we should not restrict what the commission does nor second-guess its desire to set up committees appropriate to the work it plans to undertake, I hope that my noble friend will feel able to withdraw her amendment.