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Equality Bill


Eleanor Laing supports aspects of the Bill which simplify and consolidate existing equality legislation but is concerned at the burden on business and suggests that rather than more bureaucracy, the Government should concentrate on making the business case.

Mrs. Eleanor Laing (Epping Forest) (Con): I am a committed campaigner for equality—I always have been, and I always will be—and I welcome most of this Bill. It is a pleasure to follow the hon. Member for Brighton, Kemptown (Dr. Turner), who gave a balanced analysis of the Bill and pointed out many of its good aspects. I particularly welcome the parts of the Bill that simplify and consolidate previous equality legislation, the main principles of which we Conservatives have wholeheartedly supported. I also very much welcome the positive equality duty imposed on public authorities; that will go a long way towards changing the cultural attitudes to equality in all its manifestations and in all walks of life in our country. That is right, because equality of opportunity is a basic moral imperative. As the hon. Gentleman said in his speech, there is general consensus in favour of that principle in all parts of the House.

The difficulty with the Bill, however, lies in the extra bits that have been added to it. I am not against the drive for equality—not at all. Labour Members have frequently peppered their speeches and interventions with attacks on Opposition Members for doing our job of holding the Government to account. It is extremely important that we dissect the Bill, and look at its outcomes as well as its good intentions. I do not agree with every proposal in it, because no political system—neither the most liberal, nor the most totalitarian—can make people equal by passing laws that say that equality is desirable. Therefore, the good parts of the Bill are, sadly, undermined and diminished by the unworthy parts, which revert to the worst excesses of old-fashioned unreconstructed socialism. [Interruption.]

I am particularly concerned that— [Interruption.] As usual, the Solicitor-General laughs. She cannot bear to be identified as a left-wing activist; she wishes to come before this House and— [Interruption.] She continues to laugh, but she does not actually make a positive contribution to the debate. She expects us all to bow down and agree with what she says because she says it, but that is not what we are here for. I am particularly concerned about the effects of these measures on the employment prospects— [Interruption.] If the Solicitor-General wishes to intervene, I will give way to her, but she should not speak from a sedentary position.

The Solicitor-General: I am not sure what the matter is with the hon. Lady—but I have given her a chance to calm down now, so I shall sit down again.

Mrs. Laing: Well, that was a very helpful contribution to the debate!

I am particularly concerned about the effects of these measures on the employment prospects of women, disabled people, gay people, religious and racial minorities and older people, because if employers are forced to act in a way that they perceive to be against the best interests of their businesses, they will, in a normal, practical way, find a way of not employing a person who might in future bring a case against them. Therefore, there is a danger that parts of this Bill will reduce, rather than increase, equality in the workplace, and I want equality in the workplace to become universal. There is, of course, a delicate balance to be struck, especially at times of economic downturn such as now. If too great a burden is put on businesses, businesses will fail and not only the employer, but the employees, will become jobless. That is surely not the Government’s intention.

Lynne Featherstone: We have heard a lot about the costs to business, but does the hon. Lady think that business might support the introduction of compulsory pay audit measures in the first quarter following the economy having returned to growth—or might businesses welcome such measures after two quarters of growth, perhaps?

Mrs. Laing: I think that the hon. Lady has a reasonable point; I cannot imagine quite how it would work in practice, but, in principle, it is quite a good point. My concern, however, is that if the measures go too far, not only will that damage the economy itself and hinder growth, but it will damage the prospects for individuals, who might not be given the chance of employment that they would otherwise have had. If the pendulum swings too far in the direction of protection of employment rights, the potential employee will lose the opportunity for the job, and therefore for the right, because the reality is that most businesses do not exist to act altruistically; they exist to make money, keep their businesses going, pay their employees and satisfy their customers. Statistics show that companies that have good equality practices benefit in terms of business success. The right hon. Member for Leicester, West (Ms Hewitt) made that point extremely well at the beginning of her speech. The Government should encourage all employers to do what good employers have been doing for years. That is what the previous equality Act did very successfully and, as she showed in the very good examples that she gave, we are succeeding to that extent. I am concerned that if the pendulum swings too far, people will lose the rights we want to give them.

I am also concerned about the imposition of targets, especially those on the gender pay gap. We all want sensible measures to be taken to close that gap, which remains a scandal in this country. It is particularly bad in respect of how it affects women who earn least and, often, work the hardest: part-time casual employees. They suffer most and they are the ones whom I want to benefit, but I am concerned that the Bill will require a focus on just one indicator and thus risk ignoring the underlying causes of inequality. Those causes have to be remedied to create the equality and the economy of the future that we wish to see. Proper growth will come back to our country only if we have the right conditions in which business and industry can flourish and thereby benefit everyone who works in them, employer and employee alike.

Instead of producing reams and reams of rules and regulations, the Government should be making the business case. As my hon. Friend the Member for Daventry (Mr. Boswell) said, the “coincidence of interest” between the moral case and the business case for equality is the way to encourage genuine cultural shift. That approach is far more effective than centrally imposed political imperatives—history has shown, throughout the ages, that they simply do not work.

There is good evidence to suggest that flexible working benefits everyone. It has been introduced step by step, and that is what the Government should be doing; they should be understanding how business and employers work. By proving the business case step by step, we will take employers and businesses with us in the quest for equality, instead of imposing top-down conditions that they may have difficulty meeting. We can build on that business case to try not only to achieve the equality that we all wish to achieve, but to rebuild our shattered economy—more than a decade of Labour’s good ideas has destroyed it.

I dare mention, just for a moment, the difficult issue of breastfeeding. Breastfeeding is a private matter. I entirely agree that, of course, it should be encouraged, as all the medical professionals tell us but, like all these matters, it should be dealt with in a reasonable way and with discretion. In some places it is appropriate to breastfeed one’s child and in some places it is not, yet the measures in this Bill outlaw someone’s ability to suggest reasonably that breastfeeding should not occur in one place or another. In matters such as this, we should proceed with discretion, reason and respect for everybody concerned, including, of course, the mother and the baby. This is not a matter where the Government can dictate that mothers should be allowed to breastfeed everywhere and anywhere without having due consideration to those around them and the circumstances in which they find themselves. We have all managed it, Madam Deputy Speaker, even in this building and the matter can easily be dealt with by discretion; we do not need primary legislation in a Bill such as this in order to bring this about. The reason this makes me angry is that the measures on breastfeeding are just one example of where the Bill goes too far.

I do not want this Bill to fail. I want it to succeed, which is why I would like the Government to concentrate on the basic issues that will actually make a difference to people in Britain today, who deserve equality of opportunity and currently do not have it. By adding on all these extra conditions, the Government make it much more difficult for this Bill to be supported and for it to work in practice were it to become law—it would be so much better to concentrate on what really needs to be done. It is very sad that, after 12 years of a Labour Government, the gap between rich and poor in Britain is greater than it has been for decades; opportunities, particularly educational ones for young people from disadvantaged families, are worse than they have been for decades; and social mobility is very much reduced compared with what it was 40 years ago, when a young person from a poorer background had a far greater chance of succeeding in whatever they set out to do than such a person would today—the Government know that. They have failed, and they are not going to put their record straight by introducing all the extra rules and regulations in this Bill. What a condemnation that is of 12 years of a Labour Government.

We all want equality in the workplace. We all want equality across all strands of life in Britain today. We all want equality of opportunity, for it benefits not only the individual, but our society as a whole. The way in which the Government have drafted parts of this Bill will not bring about what we all want to see, which is why it is necessary that sensible people examine the reasoned amendment tabled by my right hon. Friends and support it this evening.

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