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Equality Bill

There is a lot I could say about this but I think we are all anxious to make more rapid progress with the Bill and so I shall truncate my remarks to the bare minimum. In Committee on 19 January, the noble Baroness, Lady Wilkins, expressed concern that the reasonable adjustment duty in relation to education was not anticipatory; that is, owed to disabled people generally, not just to an individual disabled person. The Minister replied that the Government fully intended it to be anticipatory and that the Act as drafted made it anticipatory. She promised to write, setting out the legal analysis which would make that clear. The Minister has fulfilled her promise. She replied to the noble Baroness, Lady Wilkins, the following day and circulated copies of the letter to all the rest of us who took part in the debate, so the noble Baroness and I have had a flourishing correspondence in the past few days. However, notwithstanding the Minister’s letter, concerns still remain. The Act uses language in relation to services, transport and clubs or associations which makes it clear beyond any shadow of a doubt that the duty in respect of those things is anticipatory, but uses different language in relation to education, which, inevitably, to put it at its lowest, puts the matter in doubt. I have a detailed brief from the Disability Charities Consortium substantiating that point, but I do not want to trouble the Committee with all of that because, as I say, I am anxious, as we all are—I am sure the Minister is—to make progress. However, beside that brief, it seems to me that the Minister’s letter looks more like ex post facto rationalisation than an open and shut case. In addition, the approach which the courts have recently taken to codes of practice, guidance and ministerial assurances in disability cases makes it plain that these can prove all too flimsy as a basis on which to found a legal duty. I believe that at this point the best course would be if the Government could see their way to accept my amendments for the avoidance of doubt. That would mean that the reasonable adjustment duty in relation to education was anticipatory—the Government fully acknowledge that is their intention—and would greatly reassure disabled people. If the Government could undertake to look at this matter further, I would be happy to withdraw my amendments. I beg to move.