THE STANDING ADVISORY COMMISSION ON HUMAN RIGHTS

HC Deb 20 June 1973 vol 858 cc800-1

Question proposed, That the clause stand part of the Bill.

Mr. Powell

I have a query arising from the interpretation of this clause, and perhaps my right hon. Friend can deal with it. It relates to subsection (1)(b), by which the commission is to keep the Secretary of State informed as to the extent to which the persons … mentioned in Section 19(1) above have prevented discrimination … by persons or bodies not prohibited from discriminating by that law". My difficulty is this. When I look at Clause 19(1) I find that it is unlawful for a Minister and other persons there listed to discriminate themselves or to aid, induce or incite other persons to discriminate. That I understand very well. They are neither to do it themselves, nor are they to aid, induce or incite others to discriminate. It does not, however, from that appear to me that they have the duty which seems to be implied in Clause 20(1)(b) of preventing persons who are under no legal prohibition against discriminating from doing so. In other words, Clause 20(1)(a) appears to give a new duty to the persons set out in Clause 19(1). That looks to me like an unexpected result. It probably arises from a misunderstanding, but no doubt, my right hon. Friend will clear the point up when he replies to the debate.

Mr. Biggs-Davison

Is that paraphernalia really necessary? Northern Ireland has a Community Relations Commission, a Parliamentary Commissioner and a Commissioner for Complains, which is one more than we have in Great Britain. What useful purpose will be served by adding a Standing Advisory Commission on Human Rights to the welter of organs operating in this field? I should like my right hon. Friend to consider that question on grounds of both efficiency and expense.

Mr. Whitelaw

My hon. Friend the Member for Chigwell (Mr. Biggs-Davison) is right to say that in Northern Ireland we have a considerable number of different agencies in this field. A body of the sort proposed would very much help to co-ordinate their activities. It would be of help to the Secretary of State and the community. It is important that the different agencies should be co-ordinated, and for that reason the commission will be valuable.

I take the point raised by my right hon. Friend the Member for Wolverhampton, South-West (Mr. Powell). The example that I am given when subsection (1)(b) could be used is a Government contract with a non-discrimination clause. I shall further consider my right hon. Friend's point, which I think is covered in that way. It is a valid point, on which I am prepared to give my right hon. Friend further answers.

Mr. Powell

I am much obliged.

Captain Orr

Is it intended to have a department of community relations in the new Executive? In other words, is there the equivalent of a Minister for Community Relations in the new Government? If there is, any co-ordination that had to be done would best be done through his department.

Mr. Whitelaw

The method proposed in the Clause is probably the best method of co-ordination. I believe that this approach will have considerable value.

Question put and agreed to.

Clause 20 ordered to stand part of the Bill.