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Equality Bill

My Lords, this amendment would add a new subsection to Clause 196, which deals with the general exceptions in the Bill in relation to age. The purpose of the amendment is to try to ensure that we avoid the unintended consequence of undermining one of the ways in which the drinks industry and the Government try to minimise the appeal of alcohol to children. Several codes of practice, both self-regulatory and statutory, cover alcohol advertising in broadcast and non-broadcast media and the wider marketing and promotion of alcoholic drinks brands. One rule in common to all these codes is that the people used in filming or photography, for example, must be and must look over 25. Even though the legal purchase age for alcohol is 18, there is a general and long-standing agreement that a buffer zone is desirable to prevent undue appeal to under-18s, which is why the rule about using actors who are over 25, and look over 25, was agreed. When casting for the production of TV or cinema ads for alcohol takes place, this is a very important consideration. In the past, there have been complaints to the relevant regulatory bodies that this rule has been breached and those complaints have been upheld. I do not want to see the age discrimination provisions of the Bill inadvertently open a loophole that would provide actors who are, or look, under 25 with a legitimate cause for complaint if they were denied work to promote alcohol brands. Neither do I want to see a loophole that would allow unscrupulous brand owners to use images of young people in their advertising and feel that they had the protection of this law rather than the restraint of the codes of practice. It may be that the amendment does not go far enough—it refers only to Clause 39(1) and the need to make sure that that subsection does not apply in these circumstances. Alternatively, it may be the opposite—this amendment could be unnecessary if, and only if, the Minister can give the House an assurance that regulations will clarify that these circumstances are an example of exactly what is intended by Clause 13(2), which allows discrimination if it is proportionate to achieve a legitimate aim. I hope that the Minister can give the House an assurance that it would be safe to rely on Clause 13(2), supported by regulations. If not, I hope that the Minister will accept this amendment. I beg to move.