§ 3.36 p.m.
§ Report stage resumed.
§ Clause 6 [Advertisements and notices]:
§
LORD DRUMALBYN moved Amendment No. 3:
Page 3, line 34, at end insert ("but no proceedings shall be entertained under sections 19 and 20 of this Act in respect of any act of discrimination which is not unlawful by virtue of any other provision of this Act.")
§ The noble Lord said: My Lords, we now turn to a rather different matter. I ought to start by declaring a kind of interest, since I am chairman of the Advertising Standards Authority, in 1209 which capacity I naturally have had representations, and your Lordships may think that I have had some relevant experience in this matter.
§ The purpose of this Amendment quite clearly is to provide that civil prceedings cannot be brought in respect of acts of discrimination which are not unlawful under the other provisions of the Bill. I see the force of the argument that it is highly undesirable that there should appear in advertisements any indication of an intention to do an act of discrimination against any person or persons. I cannot conceive of any other kind of discrimination. But it seems to me wholly undesirable, if I may put it this way, that an act of discrimination should be made by this clause against advertisers. They are in a sense being segregated into a particular class and a particular class of offence is being introduced here.
§ In Clauses 2 to 5 one has set out the kinds of actions which are to be the subject of complaints, investigations and, if necessary, proceedings; that is to say, the provision of goods and facilities, questions of employment, questions of trade union, employers' and trade organisations, housing, accommodation, and business premises. I agree that it is undesirable that any kind of discrimination should be mentioned in advertising. With the experience I have, it seems to me that this is the kind of thing that can be dealt with very much better by voluntary methods than by civil proceedings and all the rest. I hope the Government will be able to accept this Amendment. Its effect is intended to be, and I hope will be, that the Race Relations Board would be able to proceed in any cases where there existed in advertising the expression of an intention to do an act of discrimination. In any such case the Board would be able to investigate and would be able to do exactly the sort of thing which is done under the voluntary system in the control of advertising.
§ I should have thought it was quite clear that those responsible for carrying advertisements—what are broadly called "the media"—would not willingly lend themselves to publishing intentions to do acts of discrimination, particularly if the Bill makes clear that it is unlawful for 1210 them to do so. I should have thought it would be quite enough for the Race Relations Board, in any case of in act which was not unlawful under the Bill, to intervene and point out that such-and-such an advertisement indicated an intention to do an act of discrimination. I am certain that the various media would then very willingly give an assurance that that kind of thing would not occur again and that that kind of advertisement would not be carried. That would be much more desirable than creating this wide and very indeterminate area of offences.
§ Some may think that, phrased in a certain way, there was an indication of an intention to do an act of discrimination, while others may not, and it would be a great pity if this kind of matter came before the courts. As I say, I have no reason to believe that the same results could not be achieved without the provision for civil proceedings. Therefore I hope that the Government will be able to accept this Amendment. I beg to move.