Jacob Rees-Mogg
Main Page: Jacob Rees-Mogg (Conservative - North East Somerset)Department Debates - View all Jacob Rees-Mogg's debates with the Home Office
Equality and Diversity (Reform) Bill
Jacob Rees-Mogg Excerpts(12 years, 6 months ago)
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Chris Bryant
Well, no, not quite. Let us say, for the sake of argument, that the ambulance service, which the hon. Gentleman mentioned earlier, turned up at the household of a young Muslim woman who was in labour and having a difficult childbirth, and had absolutely no understanding of what was acceptable in a Muslim household. It would not be able to do its job properly. That is precisely why all public services need to be culturally sensitive not just to how Britain has always been but to how it is today.
When homosexuality was illegal—that era is fortunately long gone—and when David Maxwell Fyfe, as Home Secretary, ran a particularly nasty campaign of entrapment of gay men, some friends of mine, a couple who had lived together for many years, were burgled, but because they had only a one-bedroom flat, they were terrified of bringing the police round, because they knew that the police would investigate them for buggery rather than investigating the burglary.
I am afraid that there is a lack of understanding in far too many public services of how work could be improved by sensitivity to the ways other people live their lives—I would not say that there is deliberate prejudice, out-and-out racism, homophobia or sexism. In addition, many minority communities are simply forgotten by local authorities and the health service when they make their spending plans. That is one issue that needs to be addressed and one reason why the Bill is wrong.
Incidentally, there is significant cultural prejudice against the Catholic Church. I passionately disagree with the Pope on just about every issue, starting with transubstantiation. However, all too often prejudice against Catholics in society is quite marked and that is why it is not a good idea to ask people to give the name of their primary school when they are applying for public sector jobs. People will say, “Aha, this person went to the Cardinal Vaughan school! We’re not very keen on Catholics, so we won’t shortlist them.” It is illegal to do that, but it would be simpler and better if that element were taken out of the equation.
The hon. Member for Shipley said that he wanted a tolerant society. That phrase is very often used—I believe that an Archbishop of Canterbury started calls for a tolerant society in the 1960s. However, I dislike the concept of a tolerant society, because I think that a respectful society is far more important. “Tolerance” implies that although someone completely and utterly disapproves of someone who lives in a different style—
Chris Bryant
I will tolerate the hon. Gentleman in a moment. Unfortunately, “tolerance” smacks of reluctance.
Jacob Rees-Mogg
I am surprised that the hon. Gentleman starts tolerance in the 1960s, because surely John Locke did that in his essay on tolerance. The theme has run through Whiggish behaviour, of which he is symbolic, ever since.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I cannot see anything about tolerance in the Bill. I think we will stick with the Bill.
Chris Bryant
I do apologise, Mr Deputy Speaker. It is just that clause 2 is entitled “Definition of ‘affirmative or positive action’”. The Prime Minister is seeking to change the legislation at the meeting of Commonwealth Heads of Government next week and I worry that that could be seen by the hon. Member for Shipley as positive discrimination on the grounds of sex, listed in paragraph (b), and religion, in paragraph (g). I would hope that the hon. Gentleman was in favour of equality in the succession.
Jacob Rees-Mogg
I wonder whether it might be right to look at the matter the other way round. Is this actually a rather dangerous Bill that would impliedly repeal positive discrimination in favour of Protestants in the order of succession—and, of course, of men as well? Has the hon. Gentleman considered that point?
Chris Bryant
I do worry about the prejudice in favour of Protestants, although the issue is even more complicated. It is not quite in preference of Protestants, but in favour of somebody who is able to take communion in the Church of England and subscribe to its articles of religion, a difficult thing even for most Anglican clergy, as well as be a member of the Church of Scotland. That is quite a tall ask.
The hon. Gentleman is absolutely right to say that clause 2(1)(g) might be problematic for true equality. Incidentally, I would not often say this but I support the striving for equality in the House of Lords advanced at present by Baron Fellowes, who is worried that his wife will not be able to inherit her title, because women in this country are not allowed to inherit titles.
There is still a problem in this country. Only 22% of Members are women. In the Labour party, all-women shortlists have played a significant role in trying to bring about a more equal and representative House of Commons. When we move forward to an elected second Chamber, I hope that we will be able to use the same legislation.
Jacob Rees-Mogg (North East Somerset) (Con)
We have heard that the great lady, the noble Lady, the Lady of the Garter, Baroness Thatcher, is not to be called upon in this debate, so let us call upon Queen Elizabeth I instead. As she so memorably said, though her body might be weak, she had the heart of a king—and a King of England at that. She did not need special measures, advancement and protection to get her going; she did it through her own vim and vigour, her force of character and her great and noble ability that set the path for this great country for centuries to come.
Damian Green
I merely make the point that had the genetics fallen in a different way, she would never have become Queen, because of discrimination within the system of primogeniture.
Jacob Rees-Mogg
But she did become Queen. That is the point—that she was able to become queen because our constitution has always evolved gently and happily so that more and more people become included in it without necessarily being given a helping hand or a lift up. This is the key point to the Bill: we want to have equality of opportunity as an objective, but not equality of outcome. I think that is what has always divided the Conservative—the Tory—from the socialist: the socialist always wants equality of outcome. Socialists want to meddle and muddle; they want to socially engineer—or perhaps to engineer socially for the benefit of Hansard who do not like their infinitives to be split—and they want to make sure that they direct and control so that everybody should be made into a neat little machine. We have had this terrible socialist proposition recently that the elderly should sell their homes so that they can be put into properties that have fewer rooms. That is what it is all about; it is about controlling people, guiding their lives and taking away their freedoms.
When it comes to this Equality Act, to which my hon. Friend’s Bill would make splendid improvements, with some caveats that I may come to, it is desperately condescending to women. They do not want to be looked down upon as if they cannot cope. I am going to speak of the example of my younger sister Annunziata Rees-Mogg, who was the candidate for Somerton and Frome, where she fought a noble campaign. I discussed this with her and I said, “Actually, for the political advantage of the Conservative party,”—I am all in favour of the political advantage of the Conservative party—“perhaps we should have all-women shortlists.” It might not have helped me but it would have helped her and it might have answered a political problem for the party. She could not have been more strongly against it because she viewed it as condescending. She wanted to get the nomination for a seat on her own great merits—and very considerable her merits are, too. She did not want to be told she was a poor little thing: that is the sort of line an elder brother can use to a sister but it is not the sort of line that should be used by political parties or by the state. [Interruption.] The hon. Member for Rhondda (Chris Bryant) points out, from a sedentary position, that she lost. Well, she did because the Labour vote went down to 4%. Labour lost its deposit and that was to its horror when it discovered that the Lib Dems then supported us, so the aim to keep the beastly Tories out by voting Lib Dem failed miserably. Without that, she would have won by a landslide and I expect that next time around that will be the happy occurrence.
It is condescending to women to assume that they cannot cope without special measures and to people from what are genuinely minorities, because of course women are not a minority. Some of the time they are in the majority, although not at birth. There are more live births of boys than of girls, but women tend to live longer and therefore can easily be a majority of the population.
We have discussed Catholicism. The hon. Member for Rhondda said that he disagreed with the Holy Father on transubstantiation, but I cannot think why. It is clearly a very sensible and right doctrine. However, I do not think, as a Catholic, that I have any fear of discrimination, nor ever have had, although it did happen once to my father—my noble kinsman, as I ought to call him. He was going for a Conservative selection many years ago and was asked by one of the members of the committee if he would be able to go to the lord lieutenant’s funeral as he was a Catholic, at which point another member of the committee pointed out that actually the lord lieutenant was the Duke of Norfolk, so there would be absolutely no difficulty in my father’s attending his funeral. But he did not need special measures to help him. He had to get on and, if there was discrimination in those days, to overcome it, to strive and move forward—as, of course, Margaret Thatcher did and Nancy Astor too.
We have seen in the development and evolution of this House that it has become broader based. One might think that the days when it was simply knights of the shires, when the borough Members had not been let in, were glorious days when the knights of the shires could come in wearing spurs, as I believe we still can, to indicate that they represented a county.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I do not think we are going to have an argument and a history lesson across the Chamber. I am sure the hon. Member for Rhondda (Chris Bryant) will either intervene or be slightly more quiet.
Jacob Rees-Mogg
Mr Deputy Speaker, I was shocked at such a sedentary intervention. I have never known such things in this House before.
But things evolved and we let the borough Members in, and we now look upon them as equals.
Chris Bryant
That probably takes the biscuit for lèse majesté—“We let the borough Members in”! I know that the hon. Gentleman has been here for a very long time in some shape or form, but to suggest that we have now become representative when he himself is the son of a peer seems a little odd.
Jacob Rees-Mogg
I am grateful to the hon. Gentleman for his typically helpful intervention. Of course sons of peers should be represented, and they are a minority too. Perhaps as a son of a peer I should be given special help and intervention to help me to get through all the prejudice there is against sons of peers—not that I would ask for it or that I have ever noticed a particular prejudice against sons of peers. Mr Deputy Speaker, I hope that such prejudices never fall upon so distinguished a figure as yourself either.
Mr Nuttall
My hon. Friend may have seen the press reports today regarding possible new legislation to allow females to take hereditary titles in the House of Lords. Does he agree that this is the way forward?
Jacob Rees-Mogg
Well, I do not really like change as a general rule, and I would be very nervous about intervening in the line of succession to the throne. I think that the line of succession to the throne works very well and changing the Canadian constitution is a particularly difficult thing to do. With Her Majesty’s fantastically successful visit to Australia, we want everything to have a settled continuity of that succession. However, I think that the world has changed and that it may not be unreasonable to allow hereditary titles to pass through the female line, particularly if they are in danger of becoming extinct, because it would be a great sadness for titles to die out over succeeding generations with no new hereditary peerages being awarded. I must briefly declare an interest, because my mother-in-law would be able to resurrect a title if this law were to be changed.
Chris Bryant
Could she not just petition the Queen to allow her to hold it sui juris?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I think we are getting into too much detail about one’s relatives and we are also drifting, once again, away from the Bill. As much we are all enjoying it I think we had better come back to the Bill.
Jacob Rees-Mogg
Thank you, Mr Deputy Speaker, for bringing me back on track. I remember that there was a wonderful slogan of the Conservatives at one point, “Britain’s on the right track. Don’t turn back.” That is really what we want in speeches from this side—we want to stay on this right, Conservative track. My hon. Friend the Member for Shipley is very much on the right Conservative track with his Bill about looking at opportunity, not outcome, and to place on public authorities a duty of fairness to behave properly and not to pick winners. We know that the state has tried picking winners in the past and it is not a good policy, because the state is not going to do that well. It wants to do things on merit.
I agree very much with my hon. Friend the Member for Shipley on political candidates as well. They ought to be the ones the local parties want and not people sent down from on high. If the local parties want a man, that is up to them, and if they want a woman, that should equally be up to them. Of course we want to ensure that there is a very fine list of the best possible candidates that they can choose from, but they should have the ultimate choice and the ultimate authority. Those of us who believe in localism would like the law repealed so that it is unlawful to discriminate in that way. In safe seats, such as Rhondda, discrimination could give somebody a seat for life, with a significant income, which would be unfair to people who might have done the job equally well and may have been more wanted by the electorate to whom they were accountable. Parties need to be conscious of their power in safe seats.
There is, as always, a but. I was concerned about the point made by the right hon. Member for Rotherham (Mr MacShane) who said that the Bill would outlaw nunneries because they could represent discrimination by a public authority in favour of women. I am not sure that point is right, because if Her Majesty’s Government or any other public authority—the Charity Commission, for example—were to support nunneries and monasteries equally, there would be a balance, and as there may be more monks than nuns in this country it might be positive discrimination in favour of men, if it were any discrimination at all. I do not think that criticism of the Bill actually holds. [Interruption.] Does the hon. Member for Rhondda want to speak? It is very difficult to pick up all these sedentary interruptions, Mr Deputy Speaker.
Mr Deputy Speaker
Order. The hon. Gentleman does not have to pick them up; he can choose to ignore them.
Jacob Rees-Mogg
Thank you, Mr Deputy Speaker. Your guidance is helpful to the nth degree. I am greatly appreciative of it and I shall now make sure that I imitate the deaf adder: charm the hon. Member for Rhondda ever so nicely, I shall not be able to hear. We remember the deaf adder from our scripture lessons; as the hon. Gentleman is a former vicar, he will no doubt be able to call it to mind.
I am slightly concerned that the succession to the Crown could be affected, but I think the Bill could be amended to make it absolutely clear that there will be no effect on the succession and that the discrimination that remains is germane until such time as it is settled on its own in a different way—if ever it is to be changed. As a Catholic, I do not think it is a good idea to open the succession to Catholics; it would make no sense to have a Catholic as the head of the Church of England and it would be a pity to disestablish the Church of England by accident.
I am broadly in support of the Bill. The real principle is that we must not be condescending to people who can do it for themselves. We must embrace freedom and liberty. We must let people have every conceivable opportunity and then let them strive, go forward and work to achieve what they can and what they will. We must not say that we have to make sure that the number fits the box. We must not take the broad principle, to quote a former Labour Cabinet Minister, that the man in Whitehall really does know best, because the man in Whitehall does not know best, and even if he becomes a woman she still does not know best. It should be left to individuals, and we should avoid this socialistic tendency to try to get equality of outcome, which we will in fact never achieve.
Mr Nuttall
It could have happened.
My previous comments related to positive action. Positive discrimination, affirmative action or discrimination generally means choosing someone solely on the grounds of their gender or racial group, or for any other factor, and not for their ability. We are now at the crux of the matter. I believe that, by definition, as soon as one positively discriminates in respect of any given group in society, one is automatically discriminating against another group. That cannot be right. The Bill makes a good start in tackling the problem, but it is just the first step on the long road to ridding this country of the culture of political correctness and dismantling the whole industry of diversity and equality.
There could be no better time, given the economic situation, for that to gather pace. I know from my experience as a practising solicitor that many small and medium-sized enterprises struggle under the burden of the legislation. We are not there yet—there is a long way to go—but if we could begin to remove the legislation that applies to public authorities, that would be a step in the right direction. All our public services are looking for savings but, because of the way in which the law is framed, the one area in which they are not allowed to look for them is diversity and equality legislation. They have to keep their army of officers to comply with the law and the tick-box legislation.
Under the Disability Discrimination Acts, positive discrimination in favour of disabled people is not unlawful, and if disabled people meet the minimum criteria for a job, they are guaranteed an interview. The only other exemption relates to the Sex Discrimination (Election Candidates) Act 2002, which the Bill seeks to abolish. The Equality Act 2010 includes a provision giving employers the option, when faced with two or more candidates of equal merit, of choosing one from a group that is under-represented in the work force. There is a whole Government Department—the Government Equalities Office—that exists solely for the purpose of issuing and enforcing guidance, red tape and regulations on that legislation. It has published guidance for employers on how to make those changes and use them in everyday life. The provisions on positive action in recruitment are, I am pleased to say, entirely voluntary but, as we all know, the public sector has seized on them with great glee. There is no requirement for an employer to use either the general provisions or those relating to recruitment and promotion.
Positive action in that regard will be used in cases in which an employer reasonably thinks that people with a protected characteristic are under-represented in the work force or suffer a disadvantage connected to that protected characteristic. As my hon. Friend the Member for Shipley made clear, the problem is where we draw the line. Why not, for example, protect and give help to those who are particularly tall?
Jacob Rees-Mogg
What an excellent idea—there should be special benefits for everyone over 6 feet.
Mr Nuttall
I am pleased that my hon. Friend is interested in this matter. If someone, for the sake of argument, is 7 feet tall—there are people of that stature in society—an employer might secretly think that they had better not take on such an employee, because they might complain about the size of the company’s doorways and it would have to spend a fortune going round the building and enlarging all the doors. One can easily see how an argument could be made for heightist, stoutist or shortist legislation to be introduced—