CERTAIN APPOINTMENT FUNCTIONS OUTSIDE THE EMPLOYMENT FIELD (Hansard, 30 October 2000)

§ Mr. Tipping
I beg to move amendment No. 11, in page 8, line 3, leave out "or refused".

§ Mr. Deputy Speaker (Sir Alan Haselhurst)
With this it will be convenient to discuss Government amendments Nos. 12 to 18 and 32.

§ Mr. Tipping
Clause 3 already makes provision in relation to the coverage of public appointments, 552 dignities and honours under the Race Relations Act 1976. These amendments will improve the current provision in the Bill in two ways. First, they will make improvements to the drafting of the provision. More substantively, they will bring within the scope of the provision a substantial new area—that of discrimination involving the terms and conditions of appointments or the termination of the appointment.
I shall deal with the latter, more substantive matter first. I note that the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) is nodding. I think that he can take pride in this matter, which he pursued in Committee. We gave an undertaking to reflect on it, and I hope that we have met his needs to a large extent. The Government propose to extend the protection against discrimination in relation to appointments that is provided under section 76 of the Race Relations Act 1976, as amended under the Bill. It should cover discrimination not only in the arrangements for determining who should be appointed, but in the terms and conditions of the appointment, in the termination of the appointment or in subjecting the appointee to any other detriment.
Thus, overall, it will be unlawful for a Minister or Department to discriminate in relation to the terms of the appointment; the way the appointee is afforded access to opportunities for promotion, transfer, training or any other benefits, facilities or services; the refusal or omission to afford access to such things; the termination of the appointment; or subjecting the appointee to any other detriment. Discrimination against appointees and potential appointees will be unlawful in those circumstances where it is unlawful against employees under section 4(2) of the Race Relations Act, thereby improving the protection afforded to appointees by our race discrimination legislation.
Some drafting improvements have also been made to those provisions. The position for negative recommendations and refusals, including deliberate omissions, is now set out separately, making it clearer that they are covered by the provisions, as are positive recommendations and approvals.
The drafting for the extension of the Act to appointments, dignities and honours made on the recommendation or approval of Ministers or Departments has been brought more into line with the drafting of the existing provision in section 76(2) of the Act for appointments made by Ministers or Departments. The effect is to clarify the application of the provision, making it clear that a Minister or Department, in making recommendations or approvals, should do nothing that would be unlawful under the Act—as though the appointee were an employee, and the Crown the employer. It has been made clear that the sanctions provided under sections 53(2) to 53(4) are the only sanctions on the appointments, conferments and other acts covered by section 76.
The opportunity has been taken to introduce provisions to ensure that not only the recommendations and approvals of Ministers and Departments in relation to life peerages but those of bodies set up by Ministers for that purpose are covered by the provisions. The Committee spent some time considering this complex matter and we 553 have listened to its views. I hope that the amendments represent improvements, and I commend them to the House.

§ Mr. Simon Hughes
I am grateful to the Government for responding to our concerns. They do not represent three-star, flashing light, huge legislative matters. I do not pretend that they are the central part of the Government's programme.

§ Mr. Tipping
The hon. Gentleman underestimates his powers.

§ Mr. Hughes
Even on our shopping list, they are not matters that we would have died for in Committee. None the less, the Government have tried to bring within the same system appointments or selections under the slightly anomalous routes by which people are given honours. As far as I and those who advise me have been able to work out, our concerns have been met. A minor caveat remains in that I am not sure that the Minister can be absolutely certain that the small print is perfect. However, I am pleased that the Bill has been improved; it will become more consistent legislation. I am grateful to those behind the scenes who have helped to make that happen.