§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will specify each occasion during the past three years in which a Minister of the Crown, acting personally, or any other person acting on his behalf, has discriminated against another person on grounds of ethnic or national origin in carrying out (a) immigration and (b) nationality functions. [HL345]
§ Lord Bassam of BrightonWe have no records of any such individual cases. However, circumstances have arisen, as I have explained separately, where discrimination has been needed to deal with a particular situation.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will specify any acts of racial discrimination done under Section 41(1) of the Race Relations Act 1976 since the entry into force of that Act; and [HL346]
What arrangements they have made with ministerial approval under Section 41(2)(a) of the Race Relations Act 1976 since the entry into force of that Act; and [HL347]
What conditions, if any, have been imposed by a Minister of the Crown under Section 41(2)(b) of the Race Relations Act 1976 since the entry into force of that Act. [HL348]
§ Lord Bassam of BrightonSection 41(1) of the Race Relations Act 1976 provides that acts are not unlawful under the Act if they are required to be done by an enactment, or in order to comply with a condition or requirement imposed by a Minister by virtue of an enactment.
Section 41(2)(a) and 41(2)(b) of the Race Relations Act 1976 provide that acts that discriminate on the basis of nationality, place of ordinary residence, or length of residence or presence in or outside the United Kingdom or an area within the United. Kingdom, are not unlawful under the Act if they are required to be done in pursuance of arrangements made by, or with the approval of, or for the time being approved by, a Minister of the Crown; or to comply with any condition imposed by a Minister of the Crown.
78WARecords of specific acts taken that are acts of racial discrimination but which are not unlawful because they fall within the exemptions in Section 41(1) and 41(2) are not kept centrally. But examples would include acts done under statutory authority that discriminate on the basis of residence status—for example, in relation to the charging of fees for attendance at universities, entitlement to education awards, or entitlement to free National Health Service hospital treatment.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
What acts of racial discrimination, if any, have been done for the purpose of safeguarding national security, under Section 42 of the Race Relations Act 1976, since the entry into force of that Act. [HL396]
§ Lord Bassam of BrightonSection 42 of the Race Relations Act 1976 provides that acts are not unlawful under the Act if they are done for the purpose of safeguarding national security. Records of specific acts taken under this exemption are not kept centrally.