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Equality Bill

The noble Lord is exactly right: it is clarifying. I had a note, which of course I do not have in front of me now, that explained why the amendment is in front of us today. It is not our intention that the religion or belief provisions of the Bill should extend protection against discrimination to any inappropriate groups whose activities would give cause for concern. The noble Baroness is perfectly correct that there is no legal definition of what constitutes a cult, and there is unlikely to be any consensus of opinion on what one is. Nor is there a single, simple, non-legal definition of cult. Indeed, some dictionary definitions of cult could be held to apply equally to widely held systems of religious or philosophical beliefs. Therefore, in cases in doubt, the appropriate body to determine whether something is a protected religion or belief is the relevant tribunal or court. I thank the noble Lord, Lord Lester, whose remarks I think amply illustrate why this is the case. It is important to appreciate that tribunals and courts will not be working without guidance. The Bill gives a broad definition of religion or belief that replicates the effects of the existing definitions in the Employment Equality (Religion or Belief) Regulations 2003 and the Equality Act 2006. Domestic courts therefore already have experience of interpreting the existing definitions and the considerations that they need to take into account. Seeking to exclude certain systems of religious or philosophical beliefs as being cults would therefore not only be a new issue for the Bill but a change to legislation that has been in place since 2003 and has not caused difficulties of interpretation in this respect. European directives that relate to matters of religion or belief do not attempt to define specifically what the terms "religion" or "belief" mean; nor does Article 9 of the European Convention on Human Rights. However, case law has identified the relevant factors that need to be taken into consideration when determining if something may be considered to be a protected religion or belief. The main limitation on what constitutes a religion in line with Article 9 is that is must have a clear structure and belief system. The limitations on what constitutes a philosophical belief are that it must be genuinely held; be a belief and not an opinion or a viewpoint based on the present state of information available; be a belief as to weighty and substantial aspects of human life and behaviour, attain a certain level of cogency, seriousness of cohesion and importance; and be worthy of respect in a democratic society, compatible with human dignity and not in conflict with the fundamental rights of others. Therefore, in terms of restricting protection to those beliefs which are not objectionable, the case law criteria would exclude most of the outlandish practices and belief systems that have been mentioned so far. For example, any cult involving illegal activities would not satisfy the criteria. The noble Baroness asked specifically about the guidance and the codes of practice. The Government have not signed off the commission’s codes of practice; the codes are out for public consultation, which is due to close next month. In order to take effect, they will need to be laid before both Houses of Parliament in due course. Whether any particular religion or philosophical belief is protected by the Bill will be for the courts to determine, having considered the criteria established by case law. The noble Baroness mentioned veganism. It would ultimately be for the courts or tribunals to determine whether something met the definition of "religion or belief" according to the criteria established by case law. In the case of H v UK 1993, heard by the European Court of Human Rights concerning the treatment of a vegan, the court determined that veganism was capable of being construed in accordance with the scope of Article 9.1 of the European Convention on Human Rights. The noble Baroness referred to Jedis. The Government do not think that views or opinions based on science fiction can be considered akin to religious or philosophical beliefs. It was not the underlying principle behind drafting the definition of "religion or belief" to cover such views. The noble Lord, Lord Walton, referred to the Church of Scientology. The Equality Bill does not alter the current interpretation of what constitutes a religion or belief, defining it as, ""any religious or philosophical belief"," or a lack of any such religion or belief. We do not maintain a list of recognised religions or beliefs, so if there is any doubt whether something constitutes a religion or belief within this definition, that would ultimately be a matter for the courts or tribunals to decide. Given that explanation, I hope the noble Baroness will withdraw her amendment.