HL Deb 20 January 1997 vol 577 cc41-2WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (WA 97), whether they consider that the prohibition by law of discrimination on the grounds of race, sex, national or ethnic origin, disability, age, sexual orientation, religion or social origin, is required by the International Covenant on Civil and Political Rights by Contracting States to the Covenant; and, if not, why not.

Baroness Chalker of Wallasey

Where not already provided for by existing legislative or other measures, each State Party to the Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognised in the Covenant. This includes the obligations under Article 26 of the Covenant to which the noble Lord may be alluding. The Government consider that the obligations of the United Kingdom in this respect are fulfilled by the existing common law and statute law.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (WA 97), whether they consider that the prohibition of discrimination based on nationality should be removed from the Treaty of Rome; and, if not, what are their reasons for considering that discrimination based on nationality should be dealt with at European level, whereas racial discrimination should be dealt with at local level.

Baroness Chalker of Wallasey

Article 6 of the Treaty of Rome prohibits discrimination on grounds of nationality within the scope of application of the Treaty. This provision is essential for the smooth working of the Single Market. By contrast, the same does not apply to racial discrimination, where national circumstances vary considerably.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer given by Baroness Chalker of Wallasey on 12th December 1996 (WA 97), how dealing with issues of unfair discrimination at national, but not at European, level will secure the equal and effective protection of the citizens of the European Union against unfair discrimination throughout the Union.

Baroness Chalker of Wallasey

The Government believe that issues of discrimination are best dealt with at national level. The Government did however support the inclusion of Article F.2 of the Treaty on European Union. This clause requires the European Union to "respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law". All EU Member States are party to this Convention and are bound to comply with judgments of the European Court of Human Rights. We do not feel that further European Union protection against unfair discrimination is necessary.