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Having a redress scheme requires having a code. The Royal Institution of Chartered Surveyors has a good code, as do some of the associations of letting agents. This explains why most people have argued for licensing, which would include an ombudsman service and a redress system. As things stand, we are going to get the redress system, but we are not necessarily going to get the code.
I hope Ministers, either in this place or the other place, can assure the Houses of Parliament that they agree that having redress requires having a code, and that managing agents will not be able to practice if they have been struck off or cannot give adequate assurances that they meet the code and will abide by decisions if they are held to have offended against it.
Ordinary disputes are one thing. I ought to declare that I have an interest in a small leasehold flat—I am now a freeholder—and our managing agent and freeholder behaved impeccably with the six leaseholders. I have no complaint about that at all. I have taken advantage of the present system, but many people have not.
In Oakland court in my constituency, a group of really old people took action against their freeholder as they were being charged for a warden’s flat when there was no warden. Eventually, when they could get to the leasehold valuation tribunal, there was an effective judgment that would have given back to them—although sadly many of them had died—not only tens of thousands of pounds but possibly £100,000. Eventually, they came to a settlement and I pay tribute to the freeholders for doing that.
To have clever lawyers, some of whom will appear at LEASE—the Government-approved agency for giving advice on leaseholds—advise managing agents on what can be done with leaseholders within the law does not strike me as balanced. I ask the Government to ask LEASE to ensure that at least one of the two people I will name is invited to join its board. One is Sebastian O’Kelly, who runs the Leasehold Knowledge Partnership, and the other is Martin Boyd.
Martin Boyd got involved because he was one of the leaseholders who took on the Tchenguiz brothers. It is not for me to get involved with whatever happened, right or wrong, with the Tchenguiz brothers, the action to which they were subject and the separate action that they are now taking—although I would have thought that a handshake and an apology would solve that. I am saying, however, that the Tchenguiz brothers do not have the best reputation for how they deal with leaseholders. Sometimes, they appear to charge rather high sums if someone wants to sublet a leasehold property and sometimes they want to sell it. A whole series of other issues should, I believe, be fully examined under parliamentary privilege.
It seems to me that officials in the Departments involved have had to work really hard to produce the five pages of new clauses that we are discussing, so I shall not add to their burdens by trying to go through them in detail.
The permanent secretaries at the Department for Business, Innovation and Skills, the Department for Communities and Local Government and the Ministry of Justice have a responsibility to add to the numbers of people involved, because Parliament will ensure that the issue gets proper attention—not just the 9 million tenancies,
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but the 3 million leaseholders. That will require serious effort in Government and by Parliament and I hope that in time the injustices that are rampant will have evaporated, partly through transparency and partly through legislative action.
Let me give an example of transparency. I challenge every managing agent to tell every leaseholder now what commission the freeholder is getting on the insurance premiums to cover the value of the properties. Those commissions go up to 65%. In my view, they should not be more than about 5% or 10%. Let us get that out in the open, and we will get the rest of the muck out afterwards.
Mrs McGuire: I want to make a few remarks about the abolition of the general duty.
It is sad that we are repealing the general duty under the Equality Act 2006. It was not plucked out of mid-air and something that the then Government suddenly decided to put into an Act of Parliament. Progress towards the Act was long and conciliatory and it worked for this Parliament and organisations outside it, yet under the guise of deregulation we are seeing the undoing of many years’ work, much consensus and much acceptance that the general duty laid out a set of values and principles for the Equality and Human Rights Commission.
I find it doubly sad that the Minister, who has apparently built up a reputation as a champion of equality, is having to justify this proposal today. The general duty sets out a unifying vision for society, which the EHRC must work towards. I find it disappointing that she dismissed the idea that aspiration could sit comfortably with some of the other specific duties of the EHRC. Unlike the Minister, I think that the general duty is fundamental to how the EHRC operates. It sets out the guiding principles and values of the EHRC. It had cross-party support and I suspect that if I checked the voting record of the Minister, I would probably find that she wholeheartedly supported that general duty in 2006, as did her party. Seven years on, what was achieved by working with her party and members of the other party in the coalition is dismissed as a burden on us all.
4.15 pm
Section 3 of the Equality Act 2006 brings equality and human rights together. It identifies the fact that we are defined not by our differences, but by our common humanity. To put that another way, it says, “We’re all in this equality game together.” That is what the Minister has failed to see. The Government have not defined what the EHRC would do better as a result of the abolition of the general duty. They have made an assertion, but they have proved nothing about the repeal of section 3.
We cannot consider the repeal of section 3 in isolation. As my hon. Friend the Member for Streatham (Mr Umunna) identified, the EHRC is undergoing tremendous change. It has had its budget cut by 60%, yet the stoics within the EHRC have said that they can continue to do some of the good work. It has been weakened by the withdrawal of many of the facilities that it offered, including a telephone helpline. Where do people go now? What will the Minister say to people who need the help and support of the Equality and Human Rights Commission? The general duty reflects the values that a modern society should aspire to.
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John Hemming: Does the right hon. Lady agree that the key thing about the general duty is section 12 and the requirement to monitor the progress of society towards the general duty? That is where it has a practical effect.
Mrs McGuire: Yes and, as I understand it, the monitoring period has been extended from three years to five years. The hon. Gentleman has identified an important aspect. We should get away from the idea that the Equality and Human Rights Commission is merely the sum of its compliance powers. It is more than that. It should be working with the wider community to establish a society that has equality and human rights at its heart. The Government’s disregard rejects the view that the EHRC has a role working with the wider community.
My hon. Friend the Member for Streatham mentioned Baroness Campbell of Surbiton. The House owes the baroness a great debt of gratitude because she has a long record of working on human rights and equality issues—far longer, probably, than some of the younger Members of this House have been alive. She knows what she is talking about, and her charge to the Government was that they have yet to prove that a commission with fewer powers and tools at its disposal will be more effective than one with the role and powers bestowed on it by Parliament some six years ago.
The Minister has failed to make that case. I hope she will think again. If she is not prepared to do so, I hope Members in all parts of the House who believe that the Equality and Human Rights Commission has a role beyond its compliance powers will support Baroness Campbell and the House of Lords, and will support their amendment when it comes to the vote this afternoon.
Alok Sharma: I will restrict my comments to the discussion of caste discrimination. As I said in my intervention on the hon. Member for Streatham (Mr Umunna), I think we can all agree that caste discrimination is wrong and abhorrent, as is any form of discrimination. I welcome the fact that the Government are making a real effort, taking the issue seriously and putting in place a programme of education.
I hope that the hon. Member for Streatham would agree that, before introducing legislation, we should ensure that there is an evidence base for doing so. As I am sure he will be aware, the NIESR report was incredibly comprehensive. As I understand it, NIESR approached CasteWatch UK and Voice of Dalit International and looked back at cases that were up to 10 years old, yet it came up with a relatively low volume of caste-related incidents. I have no wish to trivialise any of those incidents, and clearly they were incredibly hurtful to the individuals involved, but I will just make the point that, ultimately, if we are to introduce legislation, we need to ensure that there is a broad evidence base for doing so. I understand that 32 people were interviewed for the NIESR report and 23 were used as case studies. Those 23 people reported 36 separate caste-related incidents.
Mr Umunna: I am listening carefully to the hon. Gentleman, but I want to ask him two questions. Does he accept that caste discrimination is going on and, if he does, does he agree that the fact that it might be quite restricted should not preclude us taking action to protect the small number who are subject to it?
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Alok Sharma: I have referred to the NIESR report, and clearly there is evidence that such discrimination is going on, and ultimately we need to ensure that there are remedies for it. As I was about to say, nearly half of the 36 incidents discussed are not covered by the area of equality legislation. Indeed, for many others there is scope to find the other remedies available.
Dr Wollaston: Does my hon. Friend not also accept that, because the chances of a successful prosecution are small, individuals are less likely to come forward and report incidents?
Alok Sharma: That might indeed be the case. I have been a Member of Parliament for only three years—many Members have been here far longer—and I represent a constituency whose make-up means it is a microcosm of Britain, but in those three years not a single constituent has come to talk with me about being subject to caste discrimination. People have come to talk about other forms of discrimination, but certainly not caste discrimination.
Sandra Osborne (Ayr, Carrick and Cumnock) (Lab): Will the hon. Gentleman explain to me the relevance of the number of constituents who have come forward to talk with him, or with anyone else? Surely a few cases means a few cases too many. If we base our understanding of discrimination on numbers, we will not get very far.
Alok Sharma: I understand the sentiment the hon. Lady expresses, but is she suggesting that the Government should legislate to protect people from every conceivable form of discrimination? We know that class discrimination exists, as do other forms of discrimination, but we follow other approaches for those, rather than legislation.
Mr David Ward (Bradford East) (LD): Is my hon. Friend not concerned that most ordinary, sensible people probably believe that caste discrimination is already illegal and that if we do not go ahead with this, we will be sending out a message that it is acceptable and that claims against it are not supported by the law?
Alok Sharma: Of course it is unacceptable. As I said earlier, any form of discrimination is unacceptable, but we need to ensure that the remedies we have available are used, and ultimately there has to be an evidence base for legislation.
Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab): If a carer was to refuse to care for an individual because they were of a lower caste, how does the hon. Gentleman think that would be remedied?
Alok Sharma:
I took part in a debate on Radio 5 live this morning, and that was one of the examples that came up. Clearly it is unacceptable. I do not know the details of the case, and I do not know whether there is a remedy under workplace legislation, but, to continue with the theme, I think that we need to ensure that there is an evidence base. I welcome the work that the Government are proposing on education. One of the points made by a caller to the Radio 5 live debate this morning was that much of the time employers do not understand caste discrimination. That could form part of the education process. As I understand it, certainly
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based on my reading of the debate in the other place, the Government have not closed their mind to legislation. They said that an evidence base is needed and that additional work is being undertaken.
John Hemming: Does my hon. Friend accept that were the Government motion to pass, this issue would not return to the House of Lords and could not be subject to a further amendment, but it is possible to deal with it through a statutory instrument? There is general agreement that the Lords proposal is not an acceptable solution that would solve the problem properly.
Alok Sharma: My hon. Friend makes an interesting point. As the Minister said, this is a complex issue and there is not necessarily a common view about how we need to deal with it. That is why the proposal to have education as a first step is absolutely right. I welcome the fact that Talk for a Change will be running the—
Mr Virendra Sharma (Ealing, Southall) (Lab): Does the hon. Gentleman agree that before the Race Relations Act 1976 many fewer race relations cases, if any, were taken through the courts, but after the law was passed people had the confidence to take their cases further?
Alok Sharma: I am pleased that we have come a long way from that time. We live in a modern society, and that is entirely appropriate.
As I understand it from the debate in the other place—I am sure that the Minister will respond to this—the Government’s mind is not closed on legislation. The fact that work is going to be done by the Equality and Human Rights Commission should also be welcomed. This is a very complex issue, and it would be unfortunate if we were to follow a route of introducing legislation without having the evidence base for it.
My final point, which was made by a caller this morning, is how much of an issue this is from the perspective of those who are second, third or fourth generation and were born and brought up in this country. I do not define myself by my caste and I suspect that there are millions like me up and down the country. I will therefore support the Government’s motion.
Andy McDonald: I should like to speak to amendment 38. As my hon. Friend the shadow Minister said, this proposal goes much further than the one made by Professor Löfstedt in his review of health and safety law. Professor Löfstedt referred to ending civil liability, but only in relation to strict liability, whereas these proposals will impact on the vast majority of employer liability cases, where breaches of statutory duty allegations are usually more important than negligence. In every case, the injured worker will have to prove that the employer knew, or ought to have known, that a machine was unsafe, equipment was faulty, or there had been previous accidents—something known to the employer but unlikely to be known by the employee.
It is worth noting that over 90% of health and safety regulation enforcement is through the civil courts. There are some 78,000 claims for compensation following accidents at work every year, but only 1,000 criminal prosecutions under health and safety, so if this proposal proceeds we will be singularly relying on the Health and Safety Executive to do a better job than it is doing now—and what is the likelihood of that, given the resources that are attributed to that organisation?
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This is not fanciful or esoteric: we are talking about real people’s lives. Michael Adamson was a 29-year-old electrician who suffered a fatal electrocution in the course of his employment in August 2005. The accident occurred during the construction of a retail outlet when he touched a cable labelled “Not in use”. The cable was live and Michael was fatally injured, but Michael’s family saw justice because they were able to rely on the Electricity at Work Regulations 1989. If they had not been able to rely on the regulations, they would not have been compensated for the loss of a son and brother.
Mr Hill, who was a roofer and slater, fell from scaffolding during the course of his work and suffered very serious injuries resulting in incomplete tetraplegia. The accident occurred as he came down the scaffolding on a portable ladder that was not fixed or in any way secured; he fell to the ground, causing the injury. His injuries were so severe that damages were agreed at just under £2 million. The court held that there was no liability at common law, but there was liability under the Work at Height Regulations 2005. Were it not for those regulations, Mr Hill, whose injuries were so serious and life-altering, would not have received any compensation.
4.30 pm
Finally, Mr John Smyth suffered catastrophic injuries in the course of his employment. He was working on a barge. A coupling on a crane that was moving a steel beam overhead failed and the beam fell, striking Mr Smyth on his head. He suffered a severe brain injury and has been rendered quadriplegic. His life and the lives of his family have been shattered. Compensation exceeding £2 million was obtained, because Mr Smyth could rely on the Provision and Use of Work Equipment Regulations 1998 and the Work at Height Regulations 2005. He would not have received any compensation if those regulations could not be relied on.
Significant sums are involved in catastrophic injury cases. When I left practice, I left behind a case load that ran into hundreds of millions of pounds. Those are not windfalls for people. This is not about a compensation culture. These people have not won the pools or the lottery. Those moneys are there to provide them with lifelong care—with transport, rehabilitation, speech therapy and physiotherapy—but the Government’s proposal seeks to pull the rug from under all those people. Why on earth will this Government not think things through? Where will those people turn? They will turn to the statutory services. Are the Government serious about nationalising rehabilitation and giving the bill to the taxpayer while letting the insurers off the hook? Insurers are rubbing their hands in glee at these proposals, and it is about time that this Government woke up. It will cost this country a fortune if they proceed in this way.
People now face difficulties in making their case. Lord Brown, a former Supreme Court justice, highlighted in the other place the difficulties experienced by workers in proving the negligence of employers. He said that when he worked as a barrister a number of claims were lost
“because the claimants were not quite able to assemble all the evidence necessary to prove actual negligence.”—[Official Report, House of Lords, 6 March 2013; Vol. 743, c. 1513.]
That is the situation that people will be placed in—they will be denied a basic human right, and at a massive cost to the taxpayer.
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Karl Tonks, president of the Association of Personal Injury Lawyers, has said:
“Lord Brown’s comments go to the heart of the matter. People injured through no fault of their own will find it extremely challenging to secure justice.”
“unintended consequences which will not just affect the workers involved, but society as a whole.”
I beg the Government to think again about the proposals. I do not think that they have thought through the consequences of their actions. This will result in a lot of misery for people who will have to turn to our statutory services and not receive the care and attention they need. The lack of availability of district nurses will mean that those with a spinal cord injury will have to wait in their properties for the nurse on duty to evacuate their bowels at a time not of their choosing, when the whole point—the whole caboodle—is to make sure that people can live the lives that they want to and fulfil their potential. The proposals will deny them that opportunity and I beg the Government to think again.
Richard Fuller: I will speak in support of Lords amendment 37, which would provide people with legal protection against caste discrimination in the workplace.
I have listened intently to the debate. A number of speakers have said that this is a complex issue, including the Minister, the shadow Secretary of State and my hon. Friend the Member for Reading West (Alok Sharma). I regard all those colleagues with great esteem, so I hope that they will forgive my saying that the idea that this is a complex issue is rubbish. This is a straightforward issue. Caste discrimination in the workplace is wrong and the people who suffer from it deserve legal protection. That is the beginning and end of the matter.
To help the Minister, who with the best of intentions has found herself on the wrong side of the argument, I will answer three questions that I expect this Government and the previous Government asked on this issue. Is there evidence of a problem of caste discrimination? Is legislation the best approach? Is a delay to implementation justified?
On whether there is evidence of a problem, I have received a petition signed by more than 300 of my constituents in Bedford and Kempston. I have received representations from the Valmiki community, the Ravidassia community and the Dr Ambedkar Mission Society in Bedford. Those who saw “Newsnight”—a current affairs programme on the BBC—will have seen, towards the end of the programme, personal testimonies from three of my constituents: Mr Ram Dhariwal, Mr Sam Kalyan and, most movingly, Mr Prithi Kaeley.
On behalf of those constituents and many others, I must say that I cannot see how people can argue that there is no evidence of a problem. Some may say that the studies by the Anti Caste Discrimination Alliance and the NIESR did not provide sufficient evidence. Those reports made me angry and made me cry. They made me feel that action on this issue was all the more important.
I repeat what I said to the Minister earlier on the evidence for a problem. She should listen to her colleague, the Under-Secretary of State for International Development, the hon. Member for Hornsey and Wood Green (Lynne Featherstone), who said:
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“The evidence is compelling—so hopefully the Government who said that they would consider any evidence coming forward will now bring forward their own amendment to include caste.”
We are not talking about caste discrimination in social or personal circumstances. However, I understand that when the Equality Act 2010 was debated, the then Solicitor-General accepted that the evidence showed that caste discrimination was prevalent in personal and social situations. I ask the Government, and in particular the Minister, whether we can rest comfortably on the assumption that discrimination that persists widely in personal and social situations will magically halt at the threshold to the shop floor or the door to the office. That is a hard position to take.
On whether legislation is the right approach, I say to the Government that Talk for a Change is an inappropriate and insufficient measure. The NIESR report advised that education would not be sufficient. I ask the Minister whether she would rest on education alone as the answer to racist or sexist behaviour in the workplace. If not, why should we rest on that alone in this case? On the basis of my constituents’ experiences, I disagree with the argument that caste discrimination is a diminishing issue. Does the Minister not see that the provision of education without the provision of legal remedy is the worst possible solution, because it raises knowledge but does not afford consequences for discriminatory actions?
The current laws do not provide sufficient protection for those who face caste discrimination. I draw the House’s attention to the judgment in the employment tribunal case of Naveed v. Chilli Pink in November 2011, which stated:
“We consider in the light of the above provisions”—
meaning section 9(5) of the Equality Act 2010—
“that the Claimant’s complaint of discrimination based on his caste was doomed to fail… First, no order has yet been made extending section 9 of the Equality Act 2010 so as to provide for caste to amount of itself to an aspect of race.”
The current situation is hostile to people who want to bring discrimination cases based on caste, and delay in that matter is serious.
Hon. Members have already said that we need legislation so that some of those cases can move forward. There was an important case recently. I will not talk about it specifically, but the impediments faced by the person trying to bring the case to justice in terms of understanding among the police of the issues involved, access to legal advice and legal aid, and the personal costs in such circumstances, would put anybody off doing so.
On whether a delay is justified, the EHRC’s position seems perverse—we heard earlier about its flip-flops on other issues. Yesterday, the policy statement on its website stated:
“The Equality and Human Rights Commission supports the enactment of Section 9 (5) of the Equality Act 2010”,
yet after being given this job by the Government, it recently stated:
“What is clear is that caste is an extremely complex area,”.
I would be interested to hear from the Government—perhaps the Minister will respond—whether the EHRC is researching this issue or looking at ways in which companies could move forward with rules on implementation should the Government enact this measure. Would it be possible for the EHRC to bring cases to court or support cases going through the courts?
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I tried to intervene earlier on the shadow Secretary of State because I want to be absolutely clear about the position of the Labour party on this issue, and specifically on whether it would like this measure on caste to be enacted. That was not clear from what the shadow Secretary of State said because he also talked about consultation and other things. It would be helpful to have clarification on that. I argue that whether or not the issue of caste is diminishing over time—that may or may not be true—is not material. Discrimination today deserves remedy today. It is no good telling people that we can sort the issue out and that their grandchildren and great grandchildren will be fine. We need a remedy today.
Richard Fuller: I shall give way for clarification.
Mr Umunna: I am conscious that I shall not get the chance to intervene again. The Labour party’s position is clear: more needs to be done and if we are to do more in legislation, further consultation must be carried out and the issue must be looked at properly. That is why we support the amendment so that it can go back to the Lords and we can have a discussion about how to get more consultation and how agreement can be reached. We are clear that more needs to be done and I remind the hon. Gentleman that we touched on this issue in the Equality Act 2010, although we did not bring into force by order the inclusion of caste in the definition of race in that Act. However, the fact that we addressed the issue in that Act shows we were alive to it. As he and I know, practically implementing such measures in a way that does not lead to a plethora of litigation is something of which we must all be mindful.
Richard Fuller: If I can hear that as a clarification—I do not wish to misstate what I heard—the position of the shadow Secretary of State and the Labour party is precisely the same as that of the Government on the key issue of whether it is abundantly clear that discrimination based on caste is wrong, and that we should enact the relevant measure today. The hon. Gentleman’s answer is “Let’s have more time; let’s do more consultation”, which is what I heard the Minister say. Perhaps I misheard.
Mr Umunna: There are two points. First, if our position was the same as that of the Government we would reject the Lords amendments. Secondly, we are clear that more needs to be done and we must look at legislation and at what measures to introduce. I cannot be clearer than that for the hon. Gentleman.
Richard Fuller: If I may say so, the hon. Gentleman could try a lot harder to be much clearer than that. I am not asking specifically about the amendment but about the provision in the Bill that the people who campaigned hard on this issue want to see. I believe their expectation is that the Labour party will support that provision, but I am hearing that it does not yet support it.
Richard Fuller: I am happy to give way to the right hon. Gentleman. Perhaps he understands the situation better.
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Simon Hughes: I think I am right in saying that the Opposition’s position is not consistent. If the House upholds the Lords amendment and the Government are defeated, it does not go back to the Lords, because the position will have been agreed by both Houses.
Richard Fuller: I am now even more confused. I will have to read carefully the comments that have been made.
For me, this is the clearest issue, and I need no further explanation. When it comes to tackling discrimination, I ask myself whether our enlightenment should be a condition of a quantum of discrimination. If so, how many career opportunities will be curtailed, and what amount of tears will be shed, as a result of harassment based on caste? Alternatively, is our enlightenment a condition of our understanding that all people deserve equality of opportunity, protected by law, regardless of their gender, race, sexual orientation, faith and caste? For me, the answer is a clear one of principle. On those grounds, and on behalf of the hundreds of my constituents who have written to me to encourage me to make the case for equality of treatment under the law, I ask the Minister to reconsider her position and accept Lords amendment 37.
4.45 pm
Sandra Osborne: I am in favour of the Lords amendments on the general duty in the Equality Act 2006. I am extremely disappointed with the view the Government have taken. They are seeking to repeal the general duty because they believe it serves no useful purpose and is superfluous to requirements, but that flies in the face of the views of equality and human rights experts; the EHRC, albeit latterly; service users and other stakeholders; and the Government’s analysis of the public consultation, which shows that the majority of respondents were opposed to repeal by a ratio of 6:1, and that they were concerned about losing the guiding principles and values set out in the general duty. If the Government believe that section 3 is so insignificant, why are they using valuable parliamentary time on it? That is particularly puzzling because the measure had all-party support during the passage of the Act.
Section 3 mandates the EHRC to act with a view to encouraging and supporting the development of the various aspects of equality and human rights. The Government believe that it raises unrealistic expectations of what the EHRC can do. That view lacks not only ambition but principles. The values we enshrine in legislation send a message about the society to which we aspire. That requires not just a regulator but an organisational framework that can promote social change. As Age UK has said, the measure is about changing the culture, not just enforcing the rules.
Society values an outward-looking EHRC monitoring what is happening in the UK rather than just reporting on itself. One example is the EHRC report on the shortcomings of care provided to elderly people. That not only brought about change in practice, but highlighted the rights of elderly people to protection and to respect of their human rights.
Sir Bob Hepple has said that the Government are wrong to say that section 3 has no specific legal function. He states that the courts can use it as a helpful guide to the Act in the absence of a purpose clause, which the previous Government declined to insert in the Equality
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Act 2010. I sat on that Bill Committee, and remember the Lib Dems arguing for a purpose clause. However, the purpose clause was less important than it might have been because of the general duty set out in the 2006 Act. Sir Bob believes that the repeal of section 3 will leave equality law rudderless. I look forward to the Minister informing the House of the Government’s response to that view.
Equality and human rights are inextricably linked. The point of the Equality Acts was to overcome the fragmentation of the different forms of discrimination. The EHRC needs the clear purpose provided in section 3 to guide it when deciding priorities, and to ensure that it approaches its different equality and human duties in an integrated and effective manner.
The Joint Committee on Human Rights, in its sixteenth report, unanimously welcomed section 3, saying that it would serve in practice as a unifying factor in performance of the commission’s duties under sections 8 to 11, which the Minister outlined. I have already raised in previous debates the danger of jeopardising the EHCR’s UN A status accreditation, following the cuts of 76% of its budget and 62% of its staff since its inception. This repeal would be another nail in the coffin, and we know that the public sector equality duty is also under review. What does that say about the coalition’s commitment to equality? It is constantly chipping away at the most progressive and advanced legislation and policy, while undermining the ECHR in its infancy, when it was far too early to judge its effectiveness.
In 2011, the Deputy Prime Minister told the hon. Member for East Dunbartonshire (Jo Swinson), who is now the Minister responsible, that he would resist the siren calls to water down the Equality Act by confirming that there would be no move to dilute its incredibly important protections or to enshrine and boost inequality in this country under the guise of dealing with unnecessary or intrusive regulation. That is exactly what is happening here today, so I do not expect to see any Liberal Democrats in the Aye Lobby on this issue today.
Mr Khalid Mahmood: I rise to speak in favour of the Lords amendment on caste discrimination. The Minister said that we need more education and consultation. She said that she wants more evidence. We can educate and consult as much as we want, and if she wants evidence, she can come to my office or I can send her almost 1,000 letters that I have received from my constituents on this issue. This issue is close to the heart of most of the people in the United Kingdom who have been excluded from equality legislation. They ask why, when everybody else is entitled to the protection of that legislation, they are not. We want that issue to be addressed today.
We have discussed the number of people who have come forward. Most of those affected cannot come forward—as the hon. Member for Bedford (Richard Fuller) pointed out—or be taken seriously unless they are prepared to spend huge amounts of their personal money to get their cases heard.
Alok Sharma: On a point of clarification, the hon. Gentleman says that he has had 1,000 letters from his constituents. Have all those people specifically faced caste discrimination in this country?
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Mr Mahmood: Those people have asked me to take up this issue on their behalf, as their Member of Parliament, and that is what I am doing. It is not a matter of individual cases because—as I have said and as the hon. Gentleman needs to understand—one case is too many. In this day and age, and in this country, discrimination against anybody based on who their parents or grandparents were, where they came from or the family into which they were born is wrong, and we should not go down that route. We are here to protect those people who, through no fault of their own, were born of a particular lineage.
There are cases of prejudice in my constituency and in Birmingham, but they cannot be dealt with because the law does not allow it. We want the Government to look at that issue and deal with it. The point is equality for all. This is not about discrimination against one group of people or one caste of people: it is about providing equality for all of us. If this argument had been accepted on the race relations legislation we introduced, my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) would still be fighting his corner and trying to provide evidence of the number of people affected by that discrimination. We are going down a route that we have trodden long enough to understand that where there are issues of inequality and injustice we need to address them. There have been cases of people working below someone of a different caste, and believing that that they should not take them seriously. In the health service, there have been care providers who were looking after people of a lower caste but felt that they should not be doing that. We need to provide protection for those who are most vulnerable. They have suffered huge discrimination in their country of origin, and we should not perpetuate it.
Jeremy Corbyn: I will be very brief, because other colleagues want to speak. I want to address the issue of caste, and to compliment the hon. Member for Bedford (Richard Fuller) on the way he spoke and for the logic he brought to his argument.
Outside the House at lunchtime today, there was a considerable demonstration in support of the Lords amendment on caste discrimination. The people on the demonstration came from different backgrounds and communities: Hindu communities, Sikh communities, Muslim communities, Christian communities and people who hold no particular faith. All were united in the view that if there is discrimination on any basis, it is wrong. While education may help people to get away from their discriminatory practices, it does not offer protection for the victims of that prejudice. It is therefore incumbent on this House to do something.
Caste discrimination is not new. In south Asia, it is a massive issue, despite being illegal within the terms of the Indian constitution written by Dr Ambedkar, and despite the many statements on the issue by Mahatma Gandhi. In this country, we have passed race relations legislation over many years. The arguments being used today—that there is not enough evidence, more needs to be gathered and there has to be consultation—are exactly the same arguments used against the first race relations law in this country: that we cannot legislate away prejudice and discrimination. No, we cannot. However, we can offer protection for the victims, we can
16 Apr 2013 : Column 243
offer legal redress, we can stop discrimination in the workplace. That is what the Lords amendment is designed to do.
The history of the immediate issue is that an amendment to the Equality Bill, which came before the House in 2010, was agreed. Two amendments were tabled. One amendment, tabled by Rob Marris, the former MP for Wolverhampton South West, was in the form of the Lords amendment, but, unfortunately, was not accepted. Instead, the Government accepted an amendment tabled by my hon. Friend the Member for Hayes and Harlington (John McDonnell), which stated that research should be undertaken. That research has been done. The requirement—it was not an option, but a requirement—placed on the Secretary of State was to introduce legislation if the research report showed that there was discrimination. The research shows clearly that there is discrimination on the basis of caste. I am therefore very disappointed with the Minister’s response and hope that she will think again. We can vote in favour of the Lords amendment today. That would change the law and be the end of the immediate debate. Caste discrimination would be illegal in the UK if we were to do that today. I very much hope we do.
There are many organisations and people who say that we want more discussion and debate. We should, however, simply say that we think discrimination on any basis in our society is wrong. I am the chair of the trustees of the Dalit Solidarity Network and I have met many people who are victims of caste discrimination. On the square today were many people who had been through the most appalling situations—because they married into the upper-lower caste, got a job where their manager was a different caste or went for a promotion and did not get it. All kinds of things come out when these debates take place. I urge the House, if we think that discrimination is wrong, to legislate to say that it is wrong, and, if we want to outlaw it, to do it today.
5 pm
John McDonnell: I want to comment briefly—it is important that we hear from other Members in the time available—on the two issues with which this debate started.
I turn first to the Equality and Human Rights Commission. As my right hon. Friend the Member for Stirling (Mrs McGuire) said on Second Reading, the House of Lords has discovered that we are seeing the incremental abolition of the EHRC: cuts in its budget and staffing; the reduction of staff morale to an all-time low; the undermining of confidence in the organisation and its effectiveness among the wider community; and now—almost the killer blow—the undermining of its remit. That is what this is about, and it is a tragedy that it is a Liberal Democrat Minister bringing it about, because the Liberal Democrats supported us so effectively throughout the construction of the organisation.
I turn briefly to caste. As my hon. Friend the Member for Islington North (Jeremy Corbyn) said, I moved an amendment to the Equality Act 2010. To be frank, it was not what we wanted. I supported the Rob Marris proposal to outlaw caste discrimination, but the two Front-Bench teams were anxious about outlawing it, so we worked cross-party. Liberal Democrat, Conservative and Labour Members sought a compromise agreement and we got it through the House. It was simple: if the
16 Apr 2013 : Column 244
Government were not convinced then that there was caste discrimination, they would undertake research, and the commitment was given—a cross-party promise—that if there was any evidence of discrimination, legislation would be forthcoming.
That evidence has now been brought forward. It is not numerous, but, as hon. Members have said, if one person is discriminated against, we should ensure that it does not happen. So there might not be the quantum, but there is the qualitative evidence demonstrating that discrimination is taking place. I say to the hon. Member for Reading West (Alok Sharma) that I have had cases in my constituency of appalling levels of discrimination, but people are terrified of coming forward, because, without protection in place, it would reinforce the discrimination, as my hon. Friend the Member for Islington North said.
Today is about the fulfilment of a commitment, given on a cross-party basis, to legislate, if the evidence is there, to outlaw the discrimination. I am asking for that commitment to be upheld. My understanding of the position of the Labour Front-Bench team is straightforward. They support the outlawing of caste discrimination, which is why they support the Lords amendment. Detailed regulations would need to be introduced, as is always the case with anti-discrimination legislation, so I accept that further discussions would be needed, but let us establish the principle today.
I am an old-fashioned Marxist, but my politics over the past 30 years have also been shaped by my Asian constituents, who have taught me a lot. They have taught me about the role of Ghandi. As mentioned earlier, in 1933, his 21-day fast was followed by a year-long campaign that resulted, in 1947, in an Indian constitution that outlawed caste discrimination. My Sikh constituents have also taught me a lot. In Sikhism, caste discrimination is outlawed. I will quote from the Guru Granth Sahib, the holy book. It says:
“do not consider social class or status; there are no classes or castes in the world hereafter”.
To those Sikh organisations that have expressed consternation about some of the debate around caste, I say that what we have a chance to introduce today into British legislation is Sikh principles. The Sikh community in this country should be proud of that, and this House should be proud to say that we will outlaw caste discrimination once and for all. Let us do it on a cross-party basis.
Mr Deputy Speaker (Mr Nigel Evans): Order. I wish to inform the House that the knife will fall at 5.15 pm. I will call Mr Sharma next, then Mr Hughes, and I would like both to be mindful that if they wish to hear the Minister sum up, they must leave her time to do so.
Mr Virendra Sharma: Thank you, Mr Deputy Speaker, for allowing me to speak in this debate on the amendment to include caste in the Bill.
Before we debate caste, we need to understand what the caste system means. It has been a deep-rooted tradition among Indian sub-continent communities for centuries. Various social reform movements of the last 1,000 years have declared discrimination on the basis of caste to be unacceptable. Many saints, rishis, social reformers and gurus have campaigned on the issue.
16 Apr 2013 : Column 245
Indeed, every page of the Sikh holy book, the Guru Granth Sahib—from which my hon. Friend the Member for Hayes and Harlington (John McDonnell) quoted—speaks, in one way or the other, against inequality in society. Many other faiths—Jainism, Buddhism—also speak against discrimination, highlighting caste before moving on to other inequalities in society.
However, after centuries, we are still talking about the fact that there is a caste system in society. It might be alien to British society, but for people who have lived or come from there, it is in them, which is why, when India gained independence from Britain, it had to pass a law—it is in the constitution—saying that nobody can discriminate against another individual in employment, service delivery or, above all, social life. Why did India have to do that if educating people or persuading them to change their habits and practices was such a simple matter? It shows that even Dr Ambedkar, Pandit Nehru, Mahatma Gandhi and many other leading members of the Indian political movement accepted that doing so was not easy. That is why that law was introduced in the constitution.
We need to understand what is in India, but we also need to understand how we are living in British society. I feel proud to represent the constituency of Ealing, Southall, in which Sikhs, Hindus, Muslims, Dalits—we are using that term now—and many other minorities from different parts of the world live. I feel proud to say in this place that we all live together peacefully, supporting each other. We have the Sikh procession, which all the communities join—I am sure that many Members who are present can speak about that as well. Whenever there are any issues in the community, we come together and address them.
There has been a change in social life as well. People are entering inter-caste marriages and there is more closeness, but there is still an element when we are talking about employment and, in certain areas, service delivery as well. The hon. Member for Reading West (Alok Sharma) asked how many cases there were, and although sometimes we do not have the details of cases, we know that such practices are going on. In previous years, before 1976, there was indirect discrimination—that is, if it was not direct discrimination—and now there is still indirect discrimination.
I would like to make one other point. We are not talking about something that is anti-Hindu, anti-Sikh or anti-Jainist or against any other high-class, high-caste community. This is not against them; it is introducing equality, so that where any individual or group feels that they are being discriminated against, they will have the legal remedy that we are introducing today.
As I have said, there is not a major issue in my constituency. I feel proud that the Sikhs and Hindus there actively promote unity among all faiths. That is why we all meet together at the processions and at many other functions. My right hon. Friend the Member for Leicester East (Keith Vaz), who is in his place, was in my constituency on Sunday when the Tamil new year was celebrated. Members of all the other religions and faith groups were present at those celebrations. There is not an issue in people’s social lives.
We have heard suggestions about placing the value of education over the value of legislation in protecting individuals against caste discrimination. Of course education
16 Apr 2013 : Column 246
is key to changing attitudes and behaviour, but it is also necessary to reduce discrimination in the long term. Legislation is necessary to ensure that any victim of discrimination is protected, and to provide legal redress against discrimination. Adding “caste” alongside “race” in section 9 of the Equality Act 2010 will reaffirm our commitment to fight prejudice of any kind and to protect any individual who feels discriminated against. I can only hope that, as a testimony to the strong unity that I have witnessed in the Hindu and Sikh communities, the amendment will never have to be used in practice.
Simon Hughes: I say to the Under-Secretary of State for Business, Innovation and Skills, my hon. Friend the Member for East Dunbartonshire (Jo Swinson) that I, like many of our colleagues, support the retention of the general duty on equality. I understand the difficulty that she has in a coalition Government, in that she has to try to reflect different views, but I hope that, whatever decision is reached today, she will be able to persuade her colleagues that we should retain that duty rather than remove it.
On the caste issue, I offered a suggestion earlier on the way forward. If the Government cannot accept the amendment to make caste a basis for discrimination—which I am persuaded that we ought to support—I hope that they will at least give Parliament an early opportunity to introduce secondary legislation to allow the provision to be added to legislation this year.
Jo Swinson: I thank my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) for what must be one of the shortest speeches of his life. With the leave of the House, I shall respond to some of the points that he and others have made, and I genuinely welcome the opportunity to do so.
The shadow Secretary of State, the hon. Member for Streatham (Mr Umunna), began by accusing the Government of making a U-turn on lettings. He failed, however, to point out his own party’s U-turn on that issue. The proposals in the Government amendment for a redress scheme bear a striking similarity to an amendment that was tabled under the previous Government by my hon. Friend the Member for Hertford and Stortford (Mr Prisk) and supported by the Conservatives and the Liberal Democrats. It would have introduced a redress scheme, but the Labour Government voted against it. That is why we are bringing forward the amendment today. It is a much more sensible provision than the one that was tabled in the other place, and it will give redress to consumers who are unfortunate enough to be the victims of letting and management agents who are not acting as they should.
The right hon. Member for Stirling (Mrs McGuire) asked where people should go for help in the absence of the EHRC helpline, and I am happy to draw her attention to the Equality Advisory Support Service that has been set up instead. Anyone who needs advice on these issues can ring the service on 0808 800 0082. That service is still available, although it is no longer supplied by the EHRC. It also works closely with the Commission to ensure that general information is passed back to inform the work of the service.
My hon. Friend the Member for Reading West (Alok Sharma) made a powerful speech on the question of caste. He was right to highlight the complexity of the
16 Apr 2013 : Column 247
issue. He also asked for confirmation that the Government were not entirely closed to the idea of legislation. I am happy to give him that confirmation, as I said earlier, and indeed as has been said in the other place. The issue is about ensuring that we get the right response. We recognise that, as the EHRC gathers the evidence for the assessment it is undertaking this year, it might ultimately recommend a view that involves legislation.
My hon. Friend the Member for Worthing West (Sir Peter Bottomley) has tabled amendments to deal with various issues, particularly a code of practice for redress. The Government consultation will of course include consideration of how the redress mechanism should operate—
5.15 pm
Two hours having elapsed since the commencement of proceedings on consideration of the Lords amendments, the debate was interrupted (Programme Order, this day).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83F), That this House disagrees with Lords amendment 35.
The House divided:
Ayes 310, Noes 244.
Division No. 205]
[
5.15 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bradley, Karen
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clegg, rh Mr Nick
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Gale, Sir Roger
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howell, John
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Dr Phillip
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Tapsell, rh Sir Peter
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williams, Roger
Williamson, Gavin
Wilson, Mr Rob
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Mr Robert Syms
and
Mark Hunter
NOES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Campbell, Mr Alan
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Healey, rh John
Hemming, John
Hendrick, Mark
Hepburn, Mr Stephen
Hermon, Lady
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jowell, rh Dame Tessa
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Steve
Reynolds, Emma
Riordan, Mrs Linda
Ritchie, Ms Margaret
Robertson, Angus
Robertson, John
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sanders, Mr Adrian
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Teather, Sarah
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Twigg, Derek
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Ward, Mr David
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Noes:
Heidi Alexander
and
Susan Elan Jones
Question accordingly agreed to.
16 Apr 2013 : Column 248
16 Apr 2013 : Column 249
16 Apr 2013 : Column 250
16 Apr 2013 : Column 251
Lords amendment 35 disagreed to.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of business to be concluded at that time (Standing order No. 83F).
Question put, That this House disagrees with Lords amendment 36.
The House divided:
Ayes 312, Noes 245.
Division No. 206]
[
5.28 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bradley, Karen
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clegg, rh Mr Nick
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Gale, Sir Roger
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Dr Phillip
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williams, Roger
Williamson, Gavin
Wilson, Mr Rob
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Nicky Morgan
and
Mark Hunter
NOES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Beith, rh Sir Alan
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackwood, Nicola
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Campbell, Mr Alan
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Healey, rh John
Hemming, John
Hendrick, Mark
Hepburn, Mr Stephen
Hermon, Lady
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jowell, rh Dame Tessa
Joyce, Eric
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Steve
Reynolds, Emma
Riordan, Mrs Linda
Ritchie, Ms Margaret
Robertson, Angus
Robertson, John
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Twigg, Derek
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Noes:
Heidi Alexander
and
Susan Elan Jones
Question accordingly agreed to.
16 Apr 2013 : Column 252
16 Apr 2013 : Column 253
16 Apr 2013 : Column 254
16 Apr 2013 : Column 255
Lords amendment 36 disagreed to.
Equality Act 2010: caste discrimination
Motion made, and Question put, That this House disagrees with Lords amendment 37.—(Jo Swinson.)
The House divided:
Ayes 307, Noes 243.
Division No. 207]
[
5.41 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bradley, Karen
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clegg, rh Mr Nick
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Gale, Sir Roger
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunter, Mark
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Dr Phillip
Leech, Mr John
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williamson, Gavin
Wilson, Mr Rob
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Greg Hands
and
Anne Milton
NOES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Beith, rh Sir Alan
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Campbell, Mr Alan
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Fuller, Richard
Gardiner, Barry
George, Andrew
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Healey, rh John
Hepburn, Mr Stephen
Hermon, Lady
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hollobone, Mr Philip
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jowell, rh Dame Tessa
Joyce, Eric
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reckless, Mark
Reed, Mr Jamie
Reed, Steve
Reynolds, Emma
Riordan, Mrs Linda
Ritchie, Ms Margaret
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sawford, Andy
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Twigg, Derek
Umunna, Mr Chuka
Walley, Joan
Ward, Mr David
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wollaston, Dr Sarah
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Noes:
Susan Elan Jones
and
Julie Hilling
Question accordingly agreed to.
16 Apr 2013 : Column 256
16 Apr 2013 : Column 257
16 Apr 2013 : Column 258
16 Apr 2013 : Column 259
Lords amendment 37 disagreed to.
Civil liability for breach of health and safety duties
Motion made, and Question put, That this House disagrees with Lords amendment 38.—(Jo Swinson.)
The House divided:
Ayes 316, Noes 241.
Division No. 208]
[
5.55 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bradley, Karen
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clegg, rh Mr Nick
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Elphicke, Charlie
Eustice, George
Evans, Graham
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fuller, Richard
Gale, Sir Roger
Garnier, Sir Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hammond, Stephen
Hancock, Matthew
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunter, Mark
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Dr Phillip
Leech, Mr John
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Mitchell, rh Mr Andrew
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Paice, rh Sir James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stunell, rh Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Thornton, Mike
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Ward, Mr David
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Tellers for the Ayes:
Anne Milton
and
Greg Hands
NOES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Campbell, Mr Alan
Campbell, Mr Gregory
Campbell, Mr Ronnie
Champion, Sarah
Chapman, Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Godsiff, Mr Roger
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Healey, rh John
Hemming, John
Hendrick, Mark
Hepburn, Mr Stephen
Hermon, Lady
Hodgson, Mrs Sharon
Hoey, Kate
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
Jamieson, Cathy
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jowell, rh Dame Tessa
Joyce, Eric
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Pound, Stephen
Powell, Lucy
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Steve
Reynolds, Emma
Riordan, Mrs Linda
Ritchie, Ms Margaret
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sawford, Andy
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Simpson, David
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Trickett, Jon
Twigg, Derek
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Noes:
Julie Hilling
and
Susan Elan Jones
Question accordingly agreed to.
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16 Apr 2013 : Column 261
16 Apr 2013 : Column 262
16 Apr 2013 : Column 263
Lords amendment 38 disagreed to.
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Government amendments (a) and (b) made to words so restored to the Bill.
Lords amendment 40 disagreed to.
Government amendments (a) to (h) made in lieu of Lords amendment 40.
Andrew George (St Ives) (LD): On a point of order, Mr Deputy Speaker. I seek your guidance. An earlier point of order was made on the vote we hoped to have on the abolition of the Agricultural Wages Board—Lords amendment 41 and subsequent measures. A large number of hon. Members wish to ensure that this House, even though it has debated the matter under the Public Bodies Act 2011, expresses its view, rather than the decision being made in another place. The House—the democratic House—should have an opportunity in the Chamber to debate and make a decision on the abolition of the AWB. What opportunities do Members of the House have to express a view on that measure, rather than expressing a view on it when it is conglomerated with other amendments?
Huw Irranca-Davies (Ogmore) (Lab): Further to that point of order, Mr Deputy Speaker. I do not intend to delay the House, but I sympathise with the hon. Member for St Ives (Andrew George), who feels strongly about the matter. I have sought advice from the Clerks, but I am not clear. I might be mistaken, but I understand that, should the Secretary of State or his representative on the Treasury Bench choose to raise the matter even in objection to Lords amendments, they would give the House an opportunity to express its view on the matter once and for all. It is annoying that we have no opportunity to debate the abolition of the AWB, but to have no opportunity even to vote on it is a double indignity. Can you advise the House on that, Mr Deputy Speaker?
Jacob Rees-Mogg (North East Somerset) (Con): Further to that point of order, Mr Deputy Speaker. This group of amendments also includes the first statutory regulation of the press since the late 17th century. For the House of Commons to be unable to vote specifically on such a major constitutional issue seems to me to deny our constituents their right to maintain freedom of speech in the country at large, and I hope that you will find some procedure—and the Clerks, in their wisdom, will find some precedent from the early days of Parliament—so that we may vote on this motion.
Mr Deputy Speaker (Mr Nigel Evans): I thank the hon. Members for the point of order, but if you do not know of a precedent, Mr Rees-Mogg, it is probably not worth knowing. I am a servant of the House and I am directed by Standing Order No. 83F(6) to put a single question on all remaining Lords amendments once those to which a Minister has indicated an intention to disagree have been disposed of. Hon. Members may of course vote against that question, which will be to agree to several Lords amendments, including those to which they have drawn attention this evening.
Lords amendments 1 to 34, 39 and 41 to 120 agreed to, with Queen’s Consent signified to amendment 71 and Commons financial privileges waived in respect of Lords amendments 64 to 66 and 104.
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Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments ;
That Stephen Crabb, Ian Murray, Jo Swinson, Mr Iain Wright and Paul Uppal be members of the Committee;
That Jo Swinson be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Mr Swayne.)
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
Defamation Bill (Programme) (No.2)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Defamation Bill for the purpose of supplementing the Order of 12 June 2012 (Defamation Bill (Programme)):
Consideration of Lords Amendments
1. Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement at today’s sitting.
Subsequent stages
2. Any further Message from the Lords may be considered forthwith without any Question being put.
3. The Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement. —(Mr Swayne.)
16 Apr 2013 : Column 266
Defamation Bill
Consideration of Lords amendments
Arbitration Service for defamation and related civil claims against members of Independent Regulatory Board
6.13 pm
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant): I beg to move, That this House disagrees with Lords amendment 1.
Mr Deputy Speaker (Mr Nigel Evans): With this it will be convenient to discuss the following:
Lords amendment 2, and Government motion to disagree.
Lords amendment 3, and amendment (a) thereto.
Lords amendment 15, and Government motion to disagree.
Lords amendment 16, and Government motion to disagree.
Mrs Grant: I am delighted that the Defamation Bill has returned to this House for us to consider the amendments made in the other place. Lords amendments 1, 15 and 16 constitute a partial enactment in statute of several recommendations made by Lord Justice Leveson in his report on the culture, practices and ethics of the press. In particular, they create a press recognition body and require the creation of an arbitration service within recognised self-regulators for defamation and related civil claims. However, the requirements set out in these amendments for the press recognition body do not specify fully or clearly Lord Justice Leveson’s requirements for the self-regulator.
Paul Farrelly (Newcastle-under-Lyme) (Lab): Is the hon. Lady aware that these amendments have been overtaken by events and will not be pressed? We only have one hour in which to discuss all the amendments to the Defamation Bill. Before she launches into a long speech, will she take account of this and perhaps conclude her remarks relating to past events so that we can move on?
6.15 pm
Mrs Grant: I am very aware of time scales and if the hon. Gentleman could bear with me for 30 seconds longer, we might be able to move from this section to the next section.
Moreover, the amendments were tabled at a time when cross-party talks were well under way to identify an agreed response to Leveson’s recommendations, including careful efforts to develop a set of workable criteria for the self-regulatory body. The amendments before us pre-empted the outcome of those talks. As the House will be aware, on 18 March cross-party talks were resolved successfully and a draft royal charter was agreed as a vehicle by which the recognition body should be set up. Detailed criteria by which self-regulators would be assessed were also agreed, and provisions to enact Lord Justice Leveson’s recommendations on incentives in costs and exemplary damages have subsequently
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been included in the Crime and Courts Bill. Further, a “no change” clause has been included in the Enterprise and Regulatory Reform Bill as a safeguard against political intervention with the royal charter.
I note that my hon. Friend the hon. Member for Worthing West (Sir Peter Bottomley) has tabled a motion to agree with amendment 16, which introduces a requirement for an independent regulatory body to provide an arbitration service. I should like to reassure my hon. Friend and this House that the recognition criteria contained within the agreed draft royal charter include just that. To retain amendment 16 in the Bill, alongside the provisions within the royal charter, risks creating duplication and uncertainty around these requirements. The package of measures identified to enact Lord Justice Leveson’s recommendations have cross-party support. As Lord Puttnam, who tabled these amendments, said:
“Nothing in the world will delight me more than to see the Defamation Bill pass in its original form.”—[Official Report, House of Lords, 25 March 2013; Vol. 744, c. 880.]
On that basis, I hope that the House will agree to the removal of Lords amendments 1, 15 and 16.
I also ask the House to disagree with Lords amendment 2. A motion to that effect has been tabled by my hon. and learned Friend the Member for Harborough (Sir Edward Garnier). The amendment concerns two distinct but related issues, which have already featured extensively in debates in both Houses during the passage of the Bill.
Dr Julian Huppert (Cambridge) (LD): I thank the Minister for giving way so early in her speech. She is presumably aware that the Joint Committee on the draft Defamation Bill, on which I served, said that it favoured the approach that limits libel claims to situations where the corporation can prove the likelihood of substantial financial loss. Does she understand the reasons behind that, and can she give us any reassurances on that?
Mrs Grant: I fully understand those reasons, and if the hon. Gentleman will bear with me and allow me to progress on to an explanation of those amendments, I hope that all will be revealed to him.
The separate but related issues are whether there should be any restrictions on the rights of bodies corporate and other non-natural persons to bring an action in defamation and whether any non-natural person, which is performing a public function, should be prevented altogether from bringing a claim in relation to a statement concerning that function. In relation to the first issue, the amendment would mean that in order to bring a claim, a non-natural person would first have to obtain permission of the court. The court would be required to strike out any such application, unless the claimant could show that the publication of the statement complained of had caused, or was likely to cause, substantial financial loss. We believe that a permission stage for this purpose would create unnecessary duplication and additional costs for both parties.
If the claimant was required to show substantial financial loss in order to satisfy the permission requirement, it would in effect mean that the claimant would satisfy the serious harm test introduced by clause 1. We have asked the civil procedure rules committee to consider rule changes to support a new early resolution procedure under which either party could apply at the outset of
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proceedings for the court to decide certain key issues, including whether the serious harm test is satisfied. The addition of a permission stage would therefore add little or nothing, because any case where the existence of serious harm was disputed could have that issue resolved at a very early stage in any event.
Sir Peter Bottomley (Worthing West) (Con): I am grateful to the Minister for taking us through this matter. The problem comes when a body—not a person—sends a threatening letter to an ordinary member of the public. Were I to go to a pop concert and be abused by security staff, and then tell my friends not to go to anything organised by those people, and if they then issued and served a writ, what chance would I have, with no money? Do I go straight to court and say, “They’ve shown no loss. Cut it out. They are not a person. They’ve got no feelings. They should not be allowed to do it.”?
Mrs Grant: If my hon. Friend will bear with me, I will deal with that specific point. If I do not, I am sure he will come back.
Paul Farrelly: Will the Minister give way?
Mrs Grant: I would like to make a little more progress.
Mrs Grant: No, in a moment. I want to make some progress first.
If the claimant succeeded at the permission stage, an early resolution hearing would often still be needed to enable the court to give a ruling on other key aspects of the claim—in particular, what the meaning of the words complained of was and whether they were statements of fact or opinion. This would mean that two sets of applications and hearings could often be needed, whereas under our proposals one would be sufficient. We have consistently made it clear that we are fully committed to taking action to help reduce the cost of defamation proceedings. The amendment would have precisely the opposite effect.
In addition to the early resolution proposals, the Civil Justice Council has recently submitted to the Secretary of State its recommendations for cost protection in defamation and privacy proceedings. We are considering these carefully, with a view to introducing measures to give protection to parties with limited means when they are faced by an opponent with substantially greater resources. The amendment would undermine these initiatives and in many cases create unnecessary additional costs for both claimants and defendants.
Paul Farrelly:
I thank the Minister for her generosity in giving way. The amendment would be the only place in the Bill that provides for an early strike-out procedure. One of the problems has been that we have not seen the changes to the civil procedure rules throughout all this. How, then, can we be confident that what is promised will happen? In the case that the hon. Member for Worthing West (Sir Peter Bottomley) will no doubt refer to in due course—of Peter Wilmshurst and NMT—an early strike-out procedure was necessary to prevent one company from abusing our libel laws. It was an example
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of libel tourism and all the worst excesses. The amendment would be the only place in the Bill providing for early strike-out.
Mrs Grant: I hear what the hon. Gentleman says, but the early resolution procedure will not fix the problem of the chilling effect and equality of arms that he is obviously concerned about. It is one of many measures and although I fully accept that the chilling effect is an issue, we also have to recognise that companies must have the right to protect their reputation. One therefore has to consider not just our request for an early resolution procedure, but the serious harm test and our proposals on cost protection and exemplary damages and costs. Altogether, all those things will, I hope, ensure that defamation proceedings are not manipulated by the party with considerably more financial needs against the party with less financials means.
Sadiq Khan (Tooting) (Lab): I am grateful to the Minister for giving way—I know she wants to get into the flow of her speech—but she misunderstands what clause 1 will do. A trial judge will be able to decide whether serious harm has been caused only at the final trial, after costs have been expended, as indicated by her hon. Friend the Member for Worthing West (Sir Peter Bottomley). The purpose of the clause introduced in the Lords is to allow the issue to be resolved at an early stage, before the defendant has faced too much cost and stress. What has she got against that?
Mrs Grant: I have just explained that we have requested that an early resolution procedure should be looked into, and if we have an early resolution procedure, we do not need a permission stage. As I have explained, having a permission stage and an early resolution procedure would create far too much delay and cost, which is not what anyone wants. I would have thought that the shadow Minister, having been a solicitor, would know the effect that can have on claimants.
Sir Edward Garnier (Harborough) (Con) rose—
Dr Sarah Wollaston (Totnes) (Con) rose—
Mrs Grant: I would also like to make the point—I can hear that there are concerns about this issue—that I am, however, aware of the strength of feeling that exists on this matter and on whether the Bill should contain a provision requiring non-natural persons trading for profit to show substantial financial loss. As we have made clear at earlier stages in the Bill, in order to satisfy the serious harm test, such bodies are likely in practice to have to show actual or likely financial loss anyway. However, I can confirm that we are prepared to consider actively that aspect of the Lords amendment further, and we will listen carefully to the views expressed in both Houses.
Sir Edward Garnier: I listened with care to what the shadow Secretary of State said just now. Although it is true that clause 1 might be a retrospective application, the ordinary rules of strike-out and the ordinary rules of court that police abusive cases are not altered. If the court is faced with an abusive claim by a company, it will be dealt with. One does not need legislation to police the administration of such proceedings.
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Mrs Grant: I am grateful to my hon. and learned Friend, who makes a very good point indeed.
Sir Peter Bottomley: Just two names: Peter Wilmshurst and the hundreds of thousands of pounds by a corrupt organisation, a company that had not allowed clinical research to be published properly; and Dr Simon Singh and the half a million pounds of costs over £5,000 of damages, and the court could not find a way of dismissing the case. That is the problem: such cases should not be allowed to start.
Mrs Grant: As I intimated earlier, fixing the problem of fairness and creating the right balance between the claimant and defendant is not just about an early strike-out procedure. It is about a package of proposals that create fairness, are proportionate and allow for freedom of expression while protecting the reputations of individuals.
Simon Hughes (Bermondsey and Old Southwark) (LD): Before my hon. Friend leaves this issue and following the intervention by our hon. Friend the Member for Worthing West (Sir Peter Bottomley), will she say whether the implication of what she said a few minutes ago is that she and the Government are willing to look at how we reflect the Lords amendment, but in a different way, to deal with corporate actions against vulnerable individuals, which is clearly a concern on both sides of the House?
Mrs Grant: In relation to serious financial harm—that aspect and that aspect alone at the moment.
I now turn to the second element of the Lords amendment. In the case of Derbyshire county council v. Times Newspapers, the House of Lords held that local authorities and government bodies were already prevented from bringing actions for defamation. The amendments seek to extend that principle and prevent claims by any non-natural person performing a public function. We do not consider that appropriate, as it would remove completely the right of a wide range of businesses and other organisations to protect their reputation. Although the provision focuses on criticisms in connection with the exercise of public functions, that criticism could of course have a wider impact on the reputation of the business more generally.
Our view is that a rigid, restrictive statutory provision that would remove the right to claim from a wide range of bodies does not represent a proportionate approach. We consider it much better to allow the courts to develop the Derbyshire principle, as they consider appropriate and necessary in the light of individual cases. The removal of the amendment will not affect the Derbyshire principle, which will continue under the common law as it does now. I hope that the House will therefore agree to reject Lords amendment 2.
6.30 pm
I shall now turn to the remaining amendments, all of which are Government amendments that I ask the House to support. Amendments 3 to 7 relate to the defence of publication on a matter of public interest. Hon. Members will recall that, before the Bill left this House for the other place, my right hon. Friend the Justice Secretary and I gave a commitment that the Government would look again at clause 4. As a result of
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those considerations, we tabled amendments in the other place to recast the defence in a number of respects. Amendment 3 would replace the requirement for the defendant to show that he had acted responsibly in publishing the statement complained of with a requirement to show that he reasonably believed that publishing the statement complained of was in the public interest. Considering whether the defendant has demonstrated his reasonable belief will involve a subjective element—namely, what the defendant believed at the time—and the objective element involving the question of whether that belief was reasonable for the defendant to hold.
My hon. Friend the Member for Worthing West (Sir Peter Bottomley) has tabled an amendment proposing that the test should be whether the defendant had reasonably decided that publication was in the public interest. That point was debated in the other place, and I believe that the concern underlying his amendment might be that the current wording, “reasonably believed”, could make the test too subjective and result in arguments about the defendant’s motive. I can give him a clear reassurance that we do not consider these amendments to be justified. The defendant’s belief and his motive are not the same thing.
The courts have made it clear in cases such as Flood that considerations about motive are usually irrelevant, so it is highly unlikely that they would entertain them if any such arguments were to arise. We are satisfied that our wording accurately captures the essence of the Flood judgment. In addition, the emphasis that the Government have placed—in debates, and which I reiterate today—on our intention to reflect Flood will leave the courts in no doubt that that is the case.
Amendment 5 removes the list of factors that the clause previously invited the court to consider, which had led to concern being expressed in this House and elsewhere that a checklist approach would be taken by the courts. Amendment 7 requires the court, in considering whether a defendant’s belief is reasonable, to make such allowance for editorial discretion as it considers appropriate. Amendment 6 brings together two previous subsections of the clause reflecting the doctrine of reportage, without changing their effect. Amendment 4 requires the court to have regard to all the circumstances of a case when reaching a judgment. We believe that these amendments to clause 4 reflect the current law as articulated in the case of Flood, and that they will avoid an over-prescriptive approach while maintaining an appropriate balance between the interests of the claimant and those of the defendant.
I shall move on to amendments 8 to 11, which make a number of changes to points of detail in respect of clause 5. Amendment 11 provides that the defence in the clause is defeated if the claimant shows that a website operator has acted with malice in respect of publishing a statement. This responds to concerns raised in the other place that situations could arise in which a website operator had acted maliciously—for example, by inciting the poster to make the posting, or by otherwise colluding with him. Although we believe that these situations are likely to be rare, we consider that in circumstances where a website operator acts maliciously, it is right that the defence should be defeated.
Amendments 8 and 9 are technical amendments to the regulation-making powers and amendment 10 provides that regulations made under this clause will be subject
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to the affirmative resolution procedure in Parliament. This will of course ensure that these receive thorough parliamentary scrutiny.
Amendment 12 relates to clause 6 and clarifies, for the avoidance of doubt, that the defence of qualified privilege for peer-reviewed statements in scientific or academic journals extends to journals that are published in electronic form.
Amendment 13 extends the qualified privilege that is available under clause 7 in respect of fair and accurate copy of extracts or a summary of any document circulated to members of a listed company that relate to the appointment, resignation, retirement or dismissal of directors of the company to material relating to the appointment, resignation, retirement or dismissal of company auditors. This is a response to a concern raised in the other place and is in line with the more general Government policy to increase the transparency of interactions between companies and their auditors.
Finally, amendment 14 amends clause 13 to enable the claimant who has been successful in a claim against the publisher of defamatory material to obtain an order for a secondary publisher, such as a bookseller, to stop distributing, selling or exhibiting materials containing the defamatory statement. Without such a provision, the effect of clause 10 might be that an action could not be brought against the secondary publisher who refused to remove the material from circulation even though they knew it was defamatory.
I believe that the Government amendments made during the Bill’s passage through the other place assist in achieving the Government’s aim of striking the correct balance between freedom of expression and protection of reputation. To conclude, I urge the House to support amendments 3 to 14 and to disagree with amendments 1, 2, 15 and 16.
Sadiq Khan: At the last general election, all three main parties were committed to reform our defamation laws. The Bill before us is a step forward in modernising our outdated defamation legislation. I shall shortly explain that it is not perfect—I believe that the House must decide on a number of crucial issues today—but it will lead to a much-needed updating of the law.
I begin by thanking colleagues in the other place, including Lord Browne of Ladyton and Baroness Hayter of Kentish Town, for championing improvements to the Bill, many of which are before us today, and Lord McNally for his handling of the Bill in the other place. A number of the points addressed in the amendments were raised by Labour in the House of Commons and in Committee in the Lords. We welcome the fact that the Government have taken them on board. I hope the House will endorse the improvements made to the provisions on public interest defence, the operators of websites and the electronic publication of peer-reviewed academic and science journals. All those will contribute to improving our defamation legislation.
Sadiq Khan: I will give way once and then move on.
Paul Farrelly:
I thank my right hon. Friend, who referred to the efforts of Baroness Hayter, particularly in respect of amendment 2 on non-natural persons or
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corporates. Will he also pay tribute to Lord Lester of Herne Hill of the Liberal Democrats and Lord Mawhinney of the Conservative party, as this truly was an amendment with cross-party support in the Lords?
Sadiq Khan: My hon. Friend will be pleased to know that I was going to thank them later in my speech, but I will do it now. I thank Lord Lester for beginning the process of his private Member’s Bill, which followed the working party; and I thank Lord Mawhinney who chaired the excellent Joint Committee. I thank, too, the Select Committee on Culture, Media and Sport, ably chaired by another Conservative, the hon. Member for Maldon (Mr Whittingdale).
On the rules on a corporation’s ability to pursue defamation against an individual, however, the broad consensus breaks down. We were led to believe that this afternoon the Government would make concessions that would buy off the Liberal Democrats and us, but that did not happen. What the Minister has said is inadequate, and gives the lie to the word “concession”.
The Government, and the hon. and learned Member for Harborough (Sir Edward Garnier), seek the House’s support for the overturning of Lords amendment 2. The amendment would bring equality to an area of law that is currently characterised by a large degree of inequality and that has had a chilling effect. Corporations have used their financial and legal might to intimidate their critics, which in many cases has led to their silence.
Let me quote from the excellent report of the Joint Committee.
“It is unacceptable that corporations are able to silence critical reporting by threatening or starting libel claims which they know the publisher cannot afford to defend and where there is no realistic prospect of serious financial loss. However, we do not believe that corporations should lose the right to sue for defamation altogether ...we favour the approach which limits libel claims to situations where the corporation can prove the likelihood of ‘substantial financial loss’.”
Opposition Members support that statement.
If the Government are successful today, they will undo a key improvement that was made in the other place, and this House will send the message that it is acceptable for corporations and institutions to silence their critics by using the threat of defamation in a battle that is inherently unequal. The Bill, as amended, will not prevent corporations from pursuing defamation actions against individuals; it merely introduces an initial hurdle before that stage is reached. A court must be satisfied that the likelihood of substantial financial harm has been proved before the action can proceed. That last point is important, as it relates to the size of the company and thus takes into account the particular challenges facing smaller businesses.
The hon. Member for Worthing West (Sir Peter Bottomley) mentioned Dr Simon Singh, the science writer who led the libel reform campaign—a campaign for reform of our defamation law—after being sued for criticising the “bogus treatments” offered by some alternative medicine providers. He pointed out that if the Government were successful today, people such as him who made similar statements would still be given no protection. As Members may know, he was sued by the British Chiropractic Association, which is registered as a company.
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