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Equality Bill

My Lords, this amendment effectively leaves out the words "or philosophical" from the definition of religion or belief. We have tabled this amendment in order to probe what exactly will be included in religion or belief as is used in this Bill. Part of the reason for the great welcome which this Bill received when it entered your Lordships’ House was that it consolidates and helps to simplify a very complicated area of legislation. In keeping with this theme, it is therefore necessary to maintain the utmost clarity when defining the terms of what is included under a protected characteristic. The Explanatory Notes are very helpful in this area. They explain that this is a very ""broad definition in line with the freedom of thought, conscience and religion guaranteed by Article 9 of the European Convention on Human Rights"." This means that the "main limitation" is that ""the religion of belief must have a clear structure and belief system"," and that this will include denominations or sects within a particular religion, and those beliefs such as humanism or atheism. This appears simple and to provide an adequate description for the purposes of the Bill. The examples show that while such belief systems as Rastafarianism, Sikhism, Christianity and atheism would all be included under the definition, adherence to a particular football team, for example, would not. However, fears have been expressed that there are unintended consequences stemming from this definition. It would be very useful if the Minister could inform the House whether this would be the case. As the law stands, places of worship are eligible for complete exemption from business rates, and ministers of religion can get significant discounts or even possible exemptions from council tax. Sects such as scientology, which was defined as a philosophical belief rather than the worship of a deity, were, however, ruled not to be included in this bracket. This judgment was passed in the 1970 Court of Appeal case, where because of its definition as a philosophical rather than a religious belief, scientology was deemed not eligible for the same tax breaks. Since that case there have been many Parliamentary Questions which have allowed this particular ruling to be stated again and again. On 28 October 2009 in another place, Robert Neill asked the Government about the application of non-domestic rates to religious buildings used for public religious faith worship. Barbara Follett, who answered for the Government, included in her reply that the exemption does not extend to organisations which practise a philosophy. Perhaps the Minister can correct me if I am wrong, but it does appear at the moment that the Bill would undermine this court ruling, and set us in a situation whereby philosophical beliefs in fact would also be included under that exemption. The Bill and the Explanatory Notes state clearly that a philosophical belief is also included. Furthermore, the Bill imposes a duty on public authorities which prohibits discrimination, harassment or victimisation by people who supply services or perform public functions. The Explanatory Notes state that this also applies to revenue raising and collection. Can the Minister therefore clarify whether this will mean that those premises used for scientology meetings would undermine the 1970 definition so far that this would mean that the Church of England and the Church of Scientology would have to be treated in the same way for tax purposes? Does she agree that this sends out a difficult message to the public, because, at a time when families and local businesses are really struggling, as bills rocket, scientologists will soon be eligible for more tax breaks? Most people are in favour of freedom of expression, but it is difficult to maintain this when, at such a difficult time, it seems also to extend to tax breaks. I look forward to the Minister’s response and hope very much that we will receive greater clarity about exactly what the inclusion of "philosophical belief" will mean in practice. I beg to move.