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Equality Bill [HL]

moved Amendment No. 32:"Page 2, line 2, leave out ““the creation”” and insert ““encouraging and supporting the development””" The noble and learned Lord said: My Lords, this group of amendments responds to concerns that Clause 3 gives the commissioner licence to practise social engineering. I thank particularly the noble Earl, Lord Ferrers, the noble Lord, Lord Patten—who is not in his place—as well as the noble Baroness, Lady Miller of Hendon, for expressing with sizzling passion their disquiet at the drafting of this clause, specifically the use of the term ““creation of a society”” and the depiction of the clause as a fundamental duty, which together appeared to them to overstate the role and function of the commission. The amendments replace the term ““creation of a society”” in Clauses 3 and 13 with the term, ““encouraging and supporting the development of a society””. That is, I hope, closer to the amendment tabled by the noble Earl, Lord Ferrers, in Committee, and better reflects the spirit and purpose of the clause. The clause does not give the commission licence to engage in social engineering or require it to march us all out into some homogeneous mass; rather it describes the long-term outcomes that the commissioners work towards in carrying out its duties. We are pleased too that the descriptive header for this clause will also be revised. Noble Lords who have read Hansard will recall that the noble Earl, Lord Ferrers, was surprised and alarmed that parliamentary procedure does not permit amendments to the cross-headers of a Bill. Indeed, it is a matter for parliamentary counsel alone. The powerful arguments put by the noble Earl and other noble Lords in Committee have obviously been persuasive—the draftsman has duly responded—and the descriptive ““fundamental duty”” cross-header will be replaced with ““general duty””. I believe that these amendments address the principal concerns raised during Committee debate about this clause. I commend this package to the House. I beg to move.