Overview

This document details disagreements between the House of Lords and the House of Commons regarding amendments to the Enterprise and Regulatory Reform Bill. The core disagreements center on the repeal of Section 3 of the Equality Act 2006 and the inclusion of caste as a protected characteristic under the Act.

Description

The House of Lords proposed three key amendments to the Enterprise and Regulatory Reform Bill:

• Amendment 35: Preventing the repeal of Section 3 of the Equality Act 2006. The Lords argued this section is crucial for the Equality and Human Rights Commission (EHRC) to fulfill its duties, maintain independence, and meet monitoring requirements. The Commons disagreed, believing the repeal is appropriate.
• Amendment 36: Preventing monitoring of progress based solely on Sections 8 and 9 of the Equality Act 2006. The Lords insisted that referencing Section 3 is necessary for compliance and maintaining the EHRC’s accredited status; the Commons disagreed, finding monitoring based on Sections 8 and 9 more suitable.
• Amendment 37: Adding caste as a protected characteristic under the Equality Act 2010, making caste discrimination unlawful. The Lords believed this was appropriate; the Commons disagreed, citing a need for further consultation.

Government Spending

The bill itself doesn't directly specify government spending figures. The impact on government spending would depend on the resolution of the disagreements. If the Lords' amendments are accepted, there could be increased costs associated with the EHRC's expanded duties and potential litigation related to caste discrimination. If the Commons’ position prevails, potential savings could arise from a reduced scope of the EHRC’s work, but this would be offset by any costs associated with the potential for increased litigation relating to equality issues if the amendments are rejected.

Groups Affected

The bill and the amendments could impact several groups:

• EHRC: The amendments directly affect the EHRC's powers, duties, and independence. The outcome could impact its ability to effectively promote equality and human rights.
• Individuals facing discrimination: The inclusion of caste as a protected characteristic (Amendment 37) would provide legal protection to individuals facing caste-based discrimination. Conversely, rejection of the amendment would leave these individuals without this specific legal protection.
• Employers and organizations: The outcome of the amendments impacts their obligations related to equality and non-discrimination. The inclusion of caste could lead to increased responsibilities, while the rejection of some or all of the amendments may mean a reduced scope of their obligations.

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