§ 3.40 p.m.
§ Read a third time.
§ Clause 1 [Discrimination by police and other public authorities]:
§
Lord Lester of Herne Hill moved Amendment No. 1:
Page 1, line 9, leave out from ("a") to ("to") in line 11 and insert ("public authority").
§ The noble Lord said: My Lords, in moving Amendment No. 1, I should like to speak also to Amendments Nos. 3, 4, 5, 6, 7, 10 and 11. I am sure that noble Lords will be glad to know that I do not intend to make a long speech on these amendments. However, I should like to give the Minister an opportunity to respond so that the House is made aware, before we say au revoir to the Bill, of the current state of policy development on two or three outstanding issues.
§ The amendments all relate to the definition of "public authorities", with the exception of Amendment No. 11 which relates to the proposed policy of duty to promote equality. Noble Lords will recall from our previous debates that what is being sought here is a combination of a specific definition of "public authorities" by means of a schedule and a generic definition by reference to the Human Rights Act. During our debates on Report, I suggested that a solution might lie in having both. That is the proposition which these amendments seek to pursue. I beg to move.
§ The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)My Lords, I am grateful to the noble Lord, Lord Lester, for his brevity; I shall try to be equally brief. Noble Lords are well aware that the issues surrounding the definition were 352 debated both in Committee and on Report. The reasoning behind the approach we have taken is now probably well understood.
I undertook on Report last week that the Government would look again—without commitment—at this matter. For that reason, I do not believe that we can move much further at this stage and I hope that noble Lords will not allow the issue to delay the passage of the Bill. I trust that the noble Lord, Lord Lester, will feel able to withdraw his amendment in the knowledge that we are looking at the whole matter again.
I must say that I think his proposal to bring the two definitions together is novel, has value and has merit. Together with my right honourable friend the Home Secretary, we have agreed to look at this matter in the round. The noble Lord, Lord Lester, knows that we have had useful further discussions. That is the state of play at the moment. We shall continue to examine the matter positively to see whether we can accommodate both attempts at a useful definition by means of a single approach. However, I do not wish to predict the outcome of those discussions and no doubt the issue will be revisited in detail when the Bill goes to another place.
For those reasons, I am grateful to the noble Lord, Lord Lester, for his intervention. We shall be considering the matter further and it is hoped that we shall be able to accommodate all sides of the argument in future debates.
§ Lord Lester of Herne HillMy Lords, I am grateful to the Minister. I share his hopes and regard his response as encouraging, without committing the Government, as is quite right. It will be for the democratic Chamber to make the final decision. I am grateful for, and content with, the Minister's reply and beg leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ 3.45 p.m.
§
Lord Lester of Herne Hill moved Amendment No. 2:
Page 1, leave out lines 13 and 14.
§ The noble Lord said: My Lords, this amendment is designed to extend the Race Relations Act to cover indirect discrimination by public authorities. The Government have already agreed to do that. I raise the matter at this time only because, on a previous occasion, the noble Lord, Lord Cope of Berkeley, expressed the hope—and I share that hope—that it might have been possible to make the amendment at this stage; namely, before the Bill goes to the other place.
§ I seek an indication now of whether that is possible; or are there technical reasons why it would be preferable to postpone amending the Bill until the matter is dealt with in another place? I beg to move.
§ Lord Cope of BerkeleyMy Lords, in our previous debates, in particular on Report, the Government said that they accept that the Bill as it stands is half baked. I understand that the noble Lord, Lord Lester, is willing to trust the Government to take action along 353 the lines he has suggested on indirect discrimination. However, I do not understand why, if they agree with the noble Lord's case, the Government do not simply accept the amendment. It is a simple amendment. I doubt whether it would produce any great problems of drafting.
I should like to point out one difficulty about leaving this matter to another place. If that happens, I do not believe that this House will have had an opportunity to give proper consideration to the full effects of the amended Bill. Some doubts have been cast on those effects. First, there may be effects on the police. We have in the past discussed the issue of stop and search. I shall not go over the arguments again. Nevertheless, the police are the most examined, inspected and supervised of all the institutions in this country. They do an extremely vital job and we should be careful before we impose new layers of inspection and review upon them.
In any case, the wider question is whether all public authorities should be covered by legislation on indirect discrimination. At first, the Government declared that sensible government would become impossible, with issues constantly stuck in the courts. I wonder whether they have anticipated that they might be taken to court, for instance, over university fees, an area where, so far as I can see, the Government discriminate on the ground of nationality between Scottish and English students. The same applies to students from other countries within the European Union. However, that argument has now been dropped and replaced by ministerial assurances that all will be well.
I have been around this Palace long enough to become a firm believer in the law of unintended consequences and I am not yet sure what the consequences of this legislation will be. If it results in a string of cases against the Government and other public authorities, as the Government at first feared, tying down scarce resources, I do not believe that that will help sensible government; and it will do no good for the cause of good race relations.
We seem to be in an interim position whereby the Government have changed their mind but have not yet decided precisely how to implement the change. The matter is expressed in clear and simple terms in the amendment of the noble Lord and I am surprised that the Government are unable to accept it.
§ Lord AveburyMy Lords, I believe that we can safely trust the Government on this occasion. I do not often trust any government, but the undertakings given have been firm and definite and have already been taken up by those affected by them. I want to draw your Lordships' attention to the fact that the Local Government Association, which welcomed the extension of indirect discrimination legislation, has already said that it will follow up the conference on the Lawrence inquiry which it held in November 1999 and consider further the steps that local authorities need to take in order to tackle institutional racism and to avoid legal challenge under the new legislation. Therefore, before those changes have even been implemented— which the Government have undertaken to do—those 354 who are affected by them are already taking action to see what they must do to comply with the legislation as amended in another place. Therefore, I do not believe that we should have any great anxiety about the matter. Your Lordships will have the opportunity to look again at the provisions when the Bill comes back to this House as amended in another place. I believe that the situation we have now reached is entirely satisfactory.
§ Lord Bassam of BrightonMy Lords, I am grateful to the noble Lord, Lord Lester, for tabling this amendment again, if only because it gives me the opportunity to reaffirm our commitment to accept in principle the basis of the amendment. I am quite happy to have that on the official record this afternoon. It also gives me the opportunity to welcome the correspondence that I have received on this matter over the past few days. I seem to have become very popular overnight. I wish that I could sustain that popularity for much longer. I receive a nice post bag on the subject and that is most welcome. Government Ministers always like to be thanked.
I particularly welcome also the Local Government Association's initiative in producing its rough guide, which I have read with interest today. I have received a useful letter from the CRE; my office has received a copy of a press release from the National Black Police Association, which puts on record its support for the amendments; and we have also received a letter from the LGA which says much the same thing. That is useful because they want to see some consultation in this area and to get the matter right. For that reason, essentially we want to bring forward our own government amendments in another place so that we can get it right and so that a broader range of considerations can come into play. It may well be that in the end we shall have something very similar to that which the noble Lord, Lord Lester, has perfected in his usual, masterful manner.
As to the comments made by the noble Lord, Lord Cope, I can say only that I have become somewhat confused over the past few weeks as to what is the Conservatives' real position on this piece of legislation. Do they support our initiative? For 18 years there was not a single piece of legislation which did anything to improve the quality of race relations in this country.
When the noble Lord, Lord Cope, made his comments at Second Reading, in Committee and on Report, I began to believe that the Conservatives were in principle opposed to the Bill. I believed that they did not consider it essential and that they viewed it as an unnecessary interference in the race relations field. I should like to know whether that is the case as I believe that their view should be placed on the official record. It would be nice to know exactly what position they will adopt in the other place on this matter. At first the noble Lord, Lord Cope, seemed to say that the Bill was inadequate because it did not contain clauses which tackled indirect discrimination and the duty to promote. Then he seemed to say that it was inadequate 355 because those issues were contained in the Bill. Which way are the Conservatives going on this legislation? What is their real intention in the race relations field?
For all the criticism that we have received, we have not had a great deal of support for our intervention and development of policy in this area. I should like to see that support because I believe—it has always been a principle that I and our party have carried—that we should create a consensus in race relations so that we can get to the root of and tackle discrimination in all its vicious variants. That is most important. If we could create that consensus in race relations, it would be good for this country, would do much to break down the discrimination that has existed in the past and would create a firmer foundation for good race relations for the future.
Therefore, yes, we shall bring forward an amendment in another place. We welcome the progress that we have made. Yes, we have had a change of view and there has been a development of policy. The principle has always been accepted that indirect discrimination is an area where we should legislate. I very much appreciate the support that we have received—a critical focus, at times, from some of your Lordships, and rightly so. We have considered the matter seriously and have come to the conclusion that we are going in the right direction by accepting this new departure and development of our policy. I hope that with that firm commitment the noble Lord, Lord Lester, will withdraw his amendment this afternoon.
§ Lord Lester of Herne HillMy Lords, I am grateful to everyone who has spoken in the debate and to the Minister for his full reply. I deal, first, with the two problems raised by the noble Lord, Lord Cope of Berkeley. One was the position of the police and the other was the position of university tuition fees.
So far as concerns the police, as I believe has already been made clear, the extension of the concept of discrimination to cover indirect discrimination by the police in their operational activities will have scarcely any effect. What really matters in relation to the police is the concept of direct discrimination, and that has already been explained fully in the past. Secondly, as I understand it, senior police officers throughout the country have been busy implementing the Race Relations Act, whether or not it has applied directly to them, and they continue to do so. I discern no problem for the police in their operational activities with regard to discriminating unjustifiably on racial grounds— unjustifiably and indirectly or without any justification directly.
So far as concerns university fees, that is a large subject. I need say only that if any public authority were to discriminate on grounds of colour, race, ethnic or national origins or nationality, under common law as well as under the Race Relations Act as it stands, difficult problems would arise. The extension of the Race Relations Act to cover indirect discrimination would not change that since university authorities and 356 the Secretary of State for Education are already covered by statutory and common law obligation in that regard.
The noble Lord, Lord Cope of Berkeley, raises a wider question, which the Minister has also addressed; that is, what is the position of Her Majesty's Opposition? When I was young I read Dr Doolittle. I remember that there was a curious creature called "pushmi-pullyu"—a creature that pulled in opposite directions within the same animal. I have great affection and respect for the noble Lord, Lord Cope of Berkeley, and I like to feel that he pulls in what I might call the "enlightened" or "liberal" direction. I realise that the creature is torn in two opposite directions and is, therefore, in a state of paralysis. It cannot move, except to be grumpy. I do not believe that this is an appropriate Bill for the Opposition to be grumpy about.
In fairness to the Conservative Party, it did two great things for anti-discrimination legislation during its long period in office. One was the Fair Employment (Northern Ireland) Act 1989, for which the noble Lord, Lord Cope of Berkeley, was partly responsible. That was a great step forward. It has been said that the right honourable Michael Howard, MP, as Home Secretary extended race relations law to Northern Ireland just before his government fell. Having said that, it is also true to say that over the years—in 1965, 1968, 1975 and 1976—the Conservative Party in Parliament, I am sorry to say, has never been an enthusiast for this body of legislation. I had hoped that during the debates on this straightforward Bill one might have had wholehearted support.
In summing up, I am wholly satisfied that what the Government intend to do is right, that it is right to give the opportunity to the Government to come forward with the amendments which are needed and for the other place to consider them. I beg leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ [Amendments Nos. 3 to 7 not moved.]
§
Lord Lester of Herne Hill moved Amendment No. 8:
Page 2. line 25, leave out ("and nationality").
§ The noble Lord said: My Lords, this amendment seeks to make clear that discrimination on grounds of ethnic origin will not be permitted in granting or refusing British nationality under the British Nationality Act 1981. Again, the reason for tabling and moving the amendment is to enable the Minister to explain exactly why what looks, on the face of it, to be a broad and extraordinary amendment allowing ethnic discrimination even in relation to nationality decisions should be necessary. There may be a good case. The only one of which I know is that of two groups of people in Hong Kong when it was suggested that some flexibility was required. I am sufficiently in the dark to feel that we need some light to be thrown on this. That is why I beg to move this amendment.
357§ 4 p.m.
§ Lord Cope of BerkeleyMy Lords, it has occurred to me that another instance where this might be required is in relation to those families which, for a number of generations, were in India in connection with the Raj, either in the Indian Civil Service, the Armed Forces, the private sector or as missionaries and so on. In some families, a number of generations might have been born in India, yet their ethnic origin is still that of this country. That might be relevant as regards nationality decisions. I am not sure, but it seemed to me that that might he another instance where this provision was required.
§ Lord Bassam of BrightonMy Lords, I am sure that your Lordships will now be fairly familiar with our early debates and with the concerns voiced by the noble Lord, Lord Lester, and others about the exemption for immigration and nationality functions in Clause 1 of the Bill—new Section 19C. The Government are well aware of the particular concern about the exemption provision in relation to discrimination on grounds of ethnic origins. As I explained on a number of occasions, the exemption, as currently drafted, would permit discriminatory activity only when required or authorised by legislation and would safeguard Ministers' personal decisions taken on individual cases in the national interest. Immigration staff operating those arrangements would do so in strict accordance with instructions that will, as far as practicable, be available for public scrutiny. I assure your Lordships that any member of staff exceeding Ministers' authorisations would be dealt with very firmly.
With your Lordships' permission, I shall also attempt to deal with Amendment No. 9 because I see the two issues as linked. The noble Lord, Lord Lester, has made clear his view.
§ Lord Lester of Herne HillMy Lords, I hope that I am not taking up too much of the time of the House, but it would be convenient to deal with Amendment No. 9 separately Pecause it raises slightly different issues—I have not spoken to both—otherwise we shall have unnecessarily to go over the same ground twice.
§ Lord Bassam of BrightonMy Lords, I am happy to do that. I shall proceed on the basis that we are dealing simply with Amendment No. 8. The effect of this amendment, as I understand it, would be largely to make it unlawful for nationality functions under any of the nationality Acts listed in Clause 1 to have any regard to a person's nationality, or national or ethnic origin. Here, the Functions of which we talk are the granting or refusal of British nationality to persons who apply for it. A section of the British Nationality Act 1981 already provides that any discretion in this area is to be exercised without regard to the race, colour or religion of any person who may be affected by exercise of the discretion. It is for those reasons that we believe that we should continue to exempt those functions. We think that it would be anomalous to have to depart from that. That is why we ask the noble 358 Lord to withdraw his amendment. Clearly, there are matters to be considered. No doubt debates in another place will return to some of these issues. For those very practical reasons, we hope that the noble Lord will withdraw his amendments this afternoon.
§ Lord AveburyMy Lords, I am rather confused by the Minister's reply. I do not know whether other noble Lords understand him. He has told your Lordships that the British Nationality Act 1981 compels or obliges Ministers to exercise their discretion without regard to race, colour or religion whereas if this provision goes through unamended it will be lawful for Ministers to exercise their nationality functions—in accordance with the law, that is, as the Minister has explained—in such a manner as to discriminate against another person on the grounds of nationality, or ethnic or national origin. It seems to me that the Minister's explanation has not removed the incompatibility, which he himself has pointed out, that exists between the British Nationality Act 1981 and this legislation. I may have missed something in the Minster's speech, but that is how I understood it.
§ Lord Lester of Herne HillMy Lords, I am grateful to the Minister and my noble friend for their contribution to this short debate. I am still a little mystified about the answer we have received. As a civil servant, may I say that I "put up a marker" that it should be further considered?
As I tried to make clear, the purpose of the amendment is to clarify the wording of the Bill to make it clear that discrimination on grounds of ethnic origin only, and nothing else, in granting or refusing British nationality under the British Nationality Act is not permitted.
Section 41 of the Race Relations Act 1976 contains an exception permitting discrimination on grounds of nationality and, I think, national origins in granting or refusing nationality. I take the point that flexibility may be required in respect of national origins in granting citizenship, but I cannot at the moment see what are the circumstances where ethnic origin— which is very close to colour or race, as distinct from national origin—would be a factor in the granting or refusal of British nationality. I am certainly not going to press the amendment now, but I think that this matter may require further thought in another place and, perhaps, hereafter also in this House. I beg leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§
Lord Lester of Herne Hill moved Amendment No. 9:
Page 2, line 25, at end insert ("in accordance with the Immigration Rules").
§ The noble Lord said: My Lords, the purpose of this amendment is to ensure that discrimination on grounds of nationality, or ethnic or national origin is carried out in immigration and nationality functions permitted by the Bill in a way which is public, prescribed and subject to light parliamentary scrutiny.
359§ I hope that noble Lords will agree that the way in which it seeks to do that is most modest. It is simply by providing that any such discrimination will be in accordance with the Immigration Rules. The Immigration Rules are not legislation. They are provided for in Section 3 of the Immigration Act 1971. A statement of them has to be laid before Parliament. They can be readily amended. Therefore, one has all the advantages to which the noble Lord, Lord Bassam of Brighton, referred on Report when he said that the rules must be transparent and public. They will be transparent and public if they are in the Immigration Rules and there will be some accountability to Parliament by the fact of them being in the Immigration Rules. I hope that noble Lords do not think that I am being too feeble in not pressing for them to be in proper subordinate legislation.
§ I quite understand the need for flexibility and, perhaps, speed in this area. I hope that not only will this very modest amendment be agreed to, but also that the Government will find some other mechanism to ensure that there are adequate safeguards against abuse of this discretion. I have not sought to complicate or lengthen the debate by inventing such safeguards myself. If the Minister felt that there was any merit in that, that would be most welcome. I beg to move.
§ Lord HyltonMy Lords, in the context of this amendment, I wonder whether the Minister would consider whether something could be written in at a later stage to indicate that, in immigration matters, humanitarian and compassionate reasons may exist for exercising some discrimination, and similarly that in asylum matters the 1951 convention may need to be applied in a similar spirit?
§ Lord Bassam of BrightonMy Lords, this is now a familiar debate. We fully understand the concerns voiced by the noble Lords, Lord Lester and Lord Hylton. We are obviously concerned to make sure that we get this area right. We believe that, in general, we have had the right approach throughout our debates and discussions.
However, we are aware of the particular concern in relation to the exemptions provision regarding discrimination on grounds of ethnic origin. As I have explained on a number of occasions, the exemption as currently drafted will only permit discriminatory activity required or authorised by legislation and would safeguard Ministers' personal decisions taken in terms of legislation.
Immigration staff operating those arrangements will do so in strict accordance with instructions which will, as far as practicable, be available for public scrutiny. I appreciate that, as the noble Lord, Lord Lester, said in his earlier comments, that is extremely important and it is a matter that we, in government, intend to look at more closely.
The noble Lord has made clear his view that Parliament should approve the arrangements for necessary and legitimate discrimination by immigration staff. That is the 360 open objective behind the proposed amendment, which is intended to require lawful discrimination on grounds of nationality or ethnic or national origin in the exercise of immigration functions in accordance with the Immigration Rules.
My right honourable friend the Home Secretary and I recognise and fully understand the noble Lord's concerns. We are currently giving those matters detailed consideration. It is too early to say whether the noble Lord's proposed amendment would provide a satisfactory and comprehensive solution to the concerns that he has raised, quite understandably. The Government would be grateful if the noble Lord were prepared to withdraw the amendment pending the outcome of their further consideration of this matter and the issue raised by the noble Lord, Lord Hylton. That may enable us to make some progress in this area of policy.
§ Lord Lester of Herne HillMy Lords, before the Minister sits down, I wonder whether he will also agree to consider whether there might be some machinery, some person, providing adequate safeguards against abuse of discretion within the system so that that might be built into the Government's thinking?
§ Lord Bassam of BrightonMy Lords, I take it that the noble Lord's intervention refers to some form of Commissioner or monitor. Yes, I can confirm to your Lordships' House that that is one of the issues to which we are giving detailed consideration.
Again, I must pay a compliment to the noble Lord, Lord Lester, by saying that that is one of the issues to which he has helpfully drawn our attention. There are some precedents and parallels. Therefore, we shall reflect on the way in which they are working and give this matter a broader consideration.
§ Lord Lester of Herne HillMy Lords, the Minister is too generous, because I believe that it was the Government's idea rather than mine, or it may have come from his own department. But I am grateful for that very positive reply and I beg leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ [Amendments Nos. 10 and 11 not moved.]
§ An amendment (privilege) made.
§ 4.15 p.m.
§ Lord Bassam of BrightonMy Lords, I beg to move that this Bill do now pass.
Moved, That the Bill do now pass.—(Lord Bassam of Brighton.)
§ Lord Lester of Herne HillMy Lords, before we decide the Question before us, perhaps I may say a few words. This is a small but very important Bill. It is small because it deals with only one serious defect in the Race Relations Act 1976; that is, the failure of the Act to give comprehensive protection to victims of racial discrimination by government departments and public authorities generally and to impose an 361 enforceable duty on government departments or public authorities to promote racial equality and to eliminate racial discrimination.
It is important both because that failure of the 1976 Act was a serious failure and because what is done in the field of racial discrimination will influence the other anti-discrimination legislation as we move towards a comprehensive, coherent, user-friendly and effectively enforced statutory code to tackle unfair discrimination on other grounds. In other words, this is an important first step in the direction of more radical reform of the kind being undertaken, for example, under the leadership of the Chancellor of the Exchequer and his colleagues to reform the regulation of financial services. It shows it can be done.
The Home Secretary and his colleagues are to be commended on having introduced the Bill in the first place. I doubt whether a Conservative government would have done so. The role of this House in scrutinising and strengthening the Bill has been a fine example of an open and well-informed dialogue conducted across parties and from all sides of the House. That has been a dialogue with a Government who are willing to listen and to change their mind.
It has been suggested in the media that the Home Secretary bowed to pressure because he would otherwise have been defeated in this House. That is not correct. Regrettably, it is unlikely that the Official Opposition would have voted to support any amendment that was designed to strengthen the Bill. We shall watch with interest their response when the Bill is debated in the other place.
The first reason why the Home Secretary and his colleagues changed their minds was that he and the noble Lord, Lord Bassam of Brighton, are firmly committed to racial justice and the elimination of racial discrimination wherever it arises. Secondly, they and their advisers in the Home Office have given generously of their time to meet with friendly critics to discuss ways of making the Bill seaworthy. We owe them a debt of gratitude.
Thirdly, the composition of the transitional House includes a new generation of noble Lords who have experienced racial and religious discrimination, whether as Jews, Muslims, Hindus or Sikhs or as members of the black and Asian ethnic minorities. I am glad to say that this House is becoming more representative of Britain's ethnic minorities, perhaps more representative than the democratic first Chamber.
We who have personal experience of the evils of discrimination and bigotry have spoken with one voice, whatever our political or other backgrounds. I believe that that collective voice has impressed the Home Secretary and his colleagues in a way which augurs well for the future. We should pay tribute to the noble Lord, Lord Bassam of Brighton, and his advisers for their enlightened and principled response.
It will now be for the other place to make the Bill completely seaworthy before it sails back to us. The statutory duty to promote equality and eliminate 362 discrimination will condition and influence policy-making by the Government and other public authorities. No doubt the Northern Ireland precedent will provide valuable guidance about the form of monitoring and enforcement which will be workable and effective. There will need to be consultation with the Commission for Racial Equality and others.
We hope and believe that the Bill will be amended to widen the definition of what constitutes lawful positive action to complement the extension to indirect discrimination. We also hope that the exception for ethnic discrimination will be carefully tailored to the legitimate needs of the Immigration and Nationality Directorate and that there will be adequate safeguards against abuse.
For all those reasons we hope that the Bill will now pass.
§ Lord Cope of BerkeleyMy Lords, I agree with the comments made by the noble Lord, Lord Lester, to the extent that the Bill as presented to the House, and indeed as it leaves the House, is not "seaworthy". The earlier debates we had demonstrated that point extremely effectively.
I hope that I am second to none in my desire to fight racial discrimination in every possible way. The noble Lord drew attention to a small part of my record in this way, which I believe can stand examination. However, at the same time it is true that I, together with my party, have less confidence in the ability of the law to solve these problems as opposed to other approaches. I refer in particular to the attitude of Government. I do not distinguish between the previous and the present Government in that respect. I am not trying to make a case that either government played a greater or lesser role. The attitude of government is the most important factor as regards all the public authorities concerned.
However, we have discussed the Bill thoroughly. It is clear that it should now go to another place. It is also clear that it will return to us in quite a different form.
§ Lord Bassam of BrightonMy Lords, I shall not take more of your Lordships' time than I believe is necessary. I referred in my earlier comments to the Conservatives and their view towards this legislation. Perhaps I may say to the noble Lord, Lord Cope, that such comments were not meant to be personal. The noble Lord has a valuable track record on this subject. His enlightened approach is one which we, on these Benches, appreciate. However, I sometimes wonder who is pulling the strings behind that enlightenment. That is of concern in an area of policy where we would like to see much greater consensus, and perhaps see Members of the Opposition moving towards our position.
I refer to another point raised by the noble Lord, which is of importance. Legislation, of itself, changes nothing. It is the spirit, intent, content, meaning and effect of legislation which can help to change the culture of a society and its approach to key issues. Race is one such important issue. The heart of the issue 363 for us is how we make the legislation work and how we give it some body to work through society and improve and change attitudes.
The discussions in your Lordships' House have been fruitful and, by and large, constructive. I am pleased that there has been good and helpful dialogue. I am grateful for the courteous and constructive way in which the debates have been conducted. I suspect that throughout the course of the debates I have thanked the noble Lord, Lord Lester, enough. However, I should like to put on record my thanks to the noble Baroness, Lady Howells, for her valuable contribution. Her rich experience in these matters is probably beyond equal. She has a deep understanding of the problems that the legislation tries earnestly to tackle.
The Government are committed to achieving a step change in race equality, with the public sector leading by example. The Bill represents a key part of our programme in that regard. As your Lordships know, the Bill will be further strengthened in the Commons to meet the commitment the Government made before your Lordships' House both on Report and today.
I believe that your Lordships can look forward to seeing the Bill in a new and improved form. I look forward to further constructive and enjoyable debate on these matters and to keeping the dialogue going so that we get the quality right as well as the content. I commend the Bill to your Lordships.
§ On Question, Bill passed, and sent to the Commons.