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Equality Bill

My Lords, this amendment contains a power to add caste to the definition of race in Clause 9. The power, if used, would prohibit unlawful discrimination and harassment because of caste in the same way as for colour, nationality and ethnic or national origins. The amendment also contains a power to make exceptions to provisions on caste and consequential amendments. In Committee, I undertook in our debate on caste to come back on Report with more developed thinking. The case for legislating against caste discrimination has been made repeatedly during the Bill’s passage with much passion by the noble and right reverend Lord, Lord Harries, and the noble Lords, Lord Avebury, Lord Lester and others, and by many people in the other place. At all stages, we have said that discrimination because of a person’s identity or personal characteristics is unacceptable in modern Britain. The Government take this issue seriously and are always willing to consider whether there is a case for legislating against caste discrimination. We have also made it clear that we are not persuaded of the need to legislate immediately on this as matters stand. The evidence to date, including the recent report of the Anti Caste Discrimination Alliance, suggests that caste prejudice tends to occur predominantly in areas such as marriage and social and personal interactions, rather than in areas covered by this Bill such as employment and the provision of goods and services. While the ACDA’s study did not in our view warrant amending the Bill, it clearly suggested that there could usefully be more in-depth research in this area. As I said in Committee, the Government are taking this forward. I am therefore pleased to announce that the Government have commissioned the National Institute of Economic and Social Research to conduct this research. It will be wide-ranging and will go beyond the relatively narrow area covered by discrimination law to examine caste-based prejudice and discrimination more broadly. It will involve structured discussions with stakeholders and individuals. The aims of the study will explore the nature, extent and severity of caste prejudice and discrimination in Britain, and its associated implications for future government policy. I would be very happy to share the other parts of the brief with noble Lords. It will report in July or August of this year. The findings of the research will inform and shape the Government’s thinking on caste discrimination. We accept that the outcome of the research will come too late for the inclusion in the Bill of specific provision prohibiting caste discrimination. But legislating now is not the only option. At the meeting I was privileged to attend on 4 February with the noble Lords, Lord Avebury and Lord Lester, and the noble and right reverend Lord, Lord Harries, and a large and passionate gathering of caste interest groups—indeed, I believe that the noble Baroness, Lady Northover, was there—a strong case was made for taking a power in the Bill now. This amendment contains such a power. It was a privilege to take part in that meeting. I take the point made by the noble and right reverend Lord, Lord Harries, about the sense of disappointment at not putting caste in the Bill at this point. To the noble Baroness, Lady Warsi, I would say that at every stage of this Bill we have looked for evidence about discrimination. We now think that that evidence may exist, which is why we have commissioned the research. The appropriate and proportionate approach is to take the power to deal with this if and when that evidence is produced. Therefore, we have concluded that this is the proportionate approach. We place a high value on evidence-based policy making. This amendment will allow us to act in an appropriate way in response to the research evidence and any subsequent public consultation. I am happy to indicate to the noble Lord that that consultation will take place at every stage as we move forward. I am therefore happy to indicate to the House the Government’s acceptance of the noble Lord’s amendment.