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Rob Marris:
I associate my remarks with those of the hon. Member for Oxford, West and Abingdon (Dr. Harris) on caste. Caste-based discrimination is wrong, and if we recognise it as such we should legislate; we should not wait for the evidence. The Government say that they wish to wait for the evidence and have commissioned,
or are about to, some research into the extent of caste-based discrimination in the United Kingdom. That discrimination should form a 10th strand under the Bill. I should like the Solicitor-General to assure me if she can that, if the research demonstrates a problem of caste-based discrimination in the United Kingdom, the Government will introduce legislation at an early date to deal with that discrimination, which I and many of my colleagues are convinced exists.
Mr. Deputy Speaker (Sir Alan Haselhurst): I call Miss Ann Widdecombe.
Miss Widdecombe: Thank you very much, Mr. Deputy Speaker. I am almost tempted to say, "Hallelujah!" because I did not think it was going to happen.
Jeremy Corbyn: Don't waste time.
Miss Widdecombe: I will not waste time. I shall speak to amendment 32, standing in my name, and to amendment 31, standing in the name of the hon. Member for Heywood and Middleton (Jim Dobbin), who apologises for not being able to be here today.
I believe it is fundamental to a democratic society that nobody should be obliged to affirm, participate in, make money out of or promote something that is directly contrary to their conscience or to their religious belief. There is no way that the state should ever compel somebody actively to facilitate something that is against their conscience. Other than in the most extraordinary or deeply extreme circumstances-for example, where there are international hostilities and conscription of the populace-a democratic society recognises the right of people to say, "I will not do that because it is against my conscience."
Similarly, a democratic society recognises the right of organisations and groups of people to get together and to set themselves up for the purposes of carrying out something that is based on a community of their belief, which can mean providing services based on that belief. A Catholic adoption agency is set up to place children-sometimes very hard-to-place children-with families, and it is against Catholic teaching, for example, to recognise homosexual unions as equivalent to marriage. By obliging, or attempting to oblige, a Catholic adoption agency to place children with homosexual couples we are effectively suppressing the free practice of religious belief. I have been contacted by a very small Catholic adoption agency which, despite being small, places 10 very hard-to-place children with families each year. Having been in existence for some 40 years, it has placed hundreds of children with families. That agency now says, and we should all be aware of it:
"The Charity has suspended the recruitment of new prospective adoptive parents to ensure that the Charity is not in breach of the Regulations or in breach of the tenets of the Church. The Charity cannot continue this suspension of service and will be forced to cease to provide Adoption Services."
That charity is not alone. Westminster Children's Society has closed. Catholic Care is going to close. Other societies are trying to fight but are being defeated in the courts. Only in Scotland has one Catholic agency managed to get a ruling from the court that enables it to continue to place children in accordance with the tenets of the Church. The only other survivor at the moment is an evangelical adoption agency in the north-east that is fighting its corner and saying that it will continue to
place children in accordance with the principles that it holds. Of course, Catholic adoption agencies may well supply services to local authorities, but local authorities choose to buy those services; they are not compelled to do so. The adoption agency should therefore not be compelled to go against its tenets. It is not saying, "We want to continue to receive public funding." It is saying, "We want to continue to be able to place children according to the principles that our religion teaches." That is what we are preventing it from doing in law, in Britain, in the 21st century.
A free society should accommodate beliefs and respect the right of minorities to hold those beliefs, set up organisations and live their lives according to those beliefs, particularly when they are based not on rejecting a person for being something but on what they actually do. The agency is refusing to place children with homosexual couples who have formed a union that the Church teaches to be wrong. Similarly, for care homes, the problem is obliging the Church to provide double rooms in which unions may take place that are against Catholic teaching. It is not the individual-
Debate interrupted (Programme Order, 11 May 2009).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
New clause 41 accordingly read a Second time, and added to the Bill.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
'(1) The Scottish Ministers may by regulations provide that a disabled person is entitled to make relevant adjustments to common parts in relation to premises in Scotland.
(2) The reference in subsection (1) to a disabled person is a reference to a disabled person who-
(a) is a tenant of the premises,
(b) is an owner of the premises, or
(c) is otherwise entitled to occupy the premises,
and uses or intends to use the premises as the person's only or main home.
(3) Before making regulations under subsection (1) the Scottish Ministers must consult a Minister of the Crown.
(4) Regulations under subsection (1) may, in particular-
(a) prescribe things which are, or which are not, to be treated as relevant adjustments;
(b) prescribe circumstances in which the consent of an owner of the common parts is required before a disabled person may make an adjustment;
(c) provide that the consent to adjustments is not to be withheld unreasonably;
(d) prescribe matters to be taken into account, or to be disregarded, in deciding whether it is reasonable to consent to adjustments;
(e) prescribe circumstances in which consent to adjustments is to be taken to be withheld;
(f) make provision about the imposition of conditions on consent to adjustments;
(g) make provision as to circumstances in which the sheriff may make an order authorising a disabled person to carry out adjustments;
(h) make provision about the responsibility for costs arising (directly or indirectly) from an adjustment;
(i) make provision about the reinstatement of the common parts to the condition they were in before an adjustment was made;
(j) make provision about the giving of notice to the owners of the common parts and other persons;
(k) make provision about agreements between a disabled person and an owner of the common parts;
(l) make provision about the registration of information in the Land Register of Scotland or the recording of documents in the Register of Sasines relating to an entitlement of a disabled person or an obligation on an owner of the common parts;
(m) make provision about the effect of such registration or recording;
(n) make provision about who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or owner.
"common parts" means, in relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only in so far as the structure, exterior and common facilities are not solely owned by the owner of the premises;
"relevant adjustments" means, in relation to a disabled person, alterations or additions which are likely to avoid a substantial disadvantage to which the disabled person is put in using the common parts in comparison with persons who are not disabled.'.- (Lyn Brown.)
Brought up, and added to the Bill.
'(1) Within six months of the day on which this Act is passed the Secretary of State shall by regulations require designated employers to conduct a pay audit and to publish information relating to the pay of its employees for the purpose of showing whether there are differences in the pay of male and female employees.
(2) Without prejudice to the generality of subsection (1) regulations made pursuant to subsection (1) shall require designated employers to publish information including-
(a) the average hourly pay of male workers and the average hourly pay of female workers within its employment;
(b) in respect of each role within the organisation-
(i) the average pay awarded to workers engaged in the role;
(ii) the percentage of men and women engaged in that role;
(iii) the gap, if any, between the average hourly pay of male and female employees in that role; and
(iv) the average length of service of men and women engaged in that role; and
(i) any description of activities carried out in the course of employment with the employer by any group of workers who are wholly or mainly women;
(ii) any descriptions of activities carried out in the course of employment with the employer by any group of workers who are wholly or mainly men;
(iii) the relative values of the descriptions of activities falling within paragraph (c)(i) and paragraph (c)(ii); and
(iv) in relation to descriptions of activities within subsection (c)(i) and subsection (c)(ii) which are judged to be of equal value to each other, the average hourly pay of male workers and average hourly pay of female workers carrying on those activities.
(3) For the purposes of this section, "pay" means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or kind, which the worker receives directly or indirectly, in respect of his employment, from his employer and includes the cost to the employer of-
(a) any pensions contributions paid by the employer in respect of the worker,
(b) any bonus or other performance related or incentive payment, and
(c) any discretionary benefit granted to a worker in connection with his or her employment.
(4) Without prejudice to the generality of subsection (1) regulations made pursuant to that subsection shall specify the process which an employer must follow in conducting a pay audit, the form in which the information must be published, and the degree and means of publicity to be made.
(5) In making regulations pursuant to subsection (1) the Secretary of State shall adopt best practice for promoting awareness of the nature and causes of any pay gap between persons of different genders as set out by the International Labour Organisation from time to time.
(6) The Secretary of State shall consult with the Equality and Human Rights Commission as to how to ensure that the regulations shall reflect best practice prior to the making of the first regulations and no less than every five years thereafter and shall amend the regulations as necessary to ensure that best practice is maintained.
(7) Without prejudice to the generality of subsection (1) regulations made pursuant to that subsection shall provide that where an employer fails to publish information as required by regulations made pursuant to subsection (1) an employer shall not be entitled to submit a material factor defence in accordance with section 66 in relation to any period for which they are in breach of their obligations under those regulations.
(8) Where the information published by an employer reveals that there is a difference in the average pay of men and women doing relevant types of work as set out in section 61, then in any proceedings to enforce a sex equality rule or sex equality clause it shall be presumed that there is such a breach unless the employer can show a material factor defence.
(9) Regulations made pursuant to subsection (1) may make provision for a failure to comply with the regulations-
(a) to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
(b) to be enforced, otherwise than as an offence, by such means as is prescribed.
(10) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.
(11) Regulations made pursuant to subsection (1) shall provide that an employer must conduct a pay audit and publish information relating to the pay of its employees within six months of the coming into force of the regulations.
(12) Regulations made pursuant to subsection (1) shall provide that where an employer (A) is able to determine the terms and conditions of employment as between another employer (B) and its employees, A shall publish the information that B would otherwise be required to publish in a way which is consolidated with the information for all other employees of A whose terms and conditions A may determine, and where A publishes consolidated information B shall not be in breach of those regulations if it does not publish any information.
(13) A designated employer means an employer who has more than 100 employees.
(14) Regulations made pursuant to subsection (1) shall require designated employers publishing information in relation to the average hourly pay of employees to specify how much of the
hourly rate constitutes ordinary basic or minimum wage or salary and how much, if any, constitutes other consideration and to specify the types and amounts of any such other consideration.'.- (Lynne Featherstone.)
Question put, That the clause be added to the Bill:-
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