By email:

24th April 2013

Letter from Rt Hon Yvette Cooper MP and Kate Green MP Following the debate in the House of Lords and House of Commons this week on the caste amendment, I wanted to write to update on you on the current situation and also to thank you for all your contributions to this debate over the last few weeks. On Monday evening, the Lords passed the cross-party amendment once again calling for the Government to enact the clause in the Equalities Act to provide for caste as an aspect of race. Yesterday the Government accepted the Lords position and brought forward an amendment that will compel the Secretary of State to amend the Equality Act 2010 to do this. The Secretary of State will also be compelled to bring forward regulations that will introduce caste as an aspect of race within two months of the Act being passed. This is a position that Labour has supported. We believe that stronger action on caste discrimination is one on which we must move forward with cross-party and cross-community support. Every community organisation and individual we have spoken to in recent weeks has been clear in their opposition to caste discrimination and Parliament has now provided for legal protection against discrimination of this kind. I hope that we can build on the discussions we have already had and can meet with you soon to work on getting the detail of this new legal protection right. As we have made clear, we believe there needs to be a full and proper consultation on how legal protections may be implemented in practice. In recent weeks, we have listened very carefully to the practical points made by organisations such as Sikh Council and the Alliance of Hindu Organisations, amongst others, and following their suggestions, we have pressed the Government to work on a cross-party, cross-community basis to consider a series of safeguards. These safeguards are as follows: Firstly, the Government must ensure that the definition of caste is set out in guidance, following thorough consultation with the communities affected. Caste is not religion specific, but is a social and cultural practice extending across different parts of communities. It can

be subscribed to by, and affects, members of any and no religion and the definition should reflect this. Secondly, some communities have raised suggestions around the use of the word descent as an alternative to caste. We believe this needs to be explored further. It is the responsibility of the Government to make sure that they get this legislation right. Thirdly, it is crucial that new action is not implemented in a way that entrenches caste identifiers in day to day practices in the UK. We should be reducing, rather than increasing, the number of people being identified by caste over time. Guidance should therefore ensure that there should be no requirement on individuals to disclose their caste in any circumstance, such as in relation to equal opportunities monitoring purposes and should similarly not be sought by employers. Fourthly, we believe that these measures must be properly consulted on and put in place ahead before any new law is implemented and we had therefore been calling for a delayed implementation period of between 1 and 2 years, before any new clause comes into force. It is now the Governments responsibility to get this right and they must provide reassurance that the proposed commencement clause will leave enough time for the proper consultation that will be so vital in achieving cross-community support. Finally, it is Labours hope that caste as an identifier in the UK will erode over time. We have argued for the consideration of a sunset clause in any new legislation, should, after a specified period of time, evidence show that caste discrimination is becoming a thing of the past. The Government have accepted this position, and included provisions for the ongoing review of legal protections in their amendment. We want to keep discussing these and other issues with you, to make sure we get the implementation of new legal protections right. Moving forwards, we will continue our commitment to working with affected communities to ensure there are no unintended consequences from this legislation, whilst at the same time ensuring that any victims of caste discrimination have the protection in law that that they need. We will also keep the pressure on the Government to ensure all affected communities are fully engaged in its consultation. I would like to thank you once again for all your contributions in what we know has been a difficult issue with a range of views. The skill and sheer persistence you have shown in dealing with the difficult questions and engaging with Labour on this issue has been greatly appreciated.

Yours sincerely,

Rt Hon Yvette Cooper MP Shadow Minister for Women and Equalities

Kate Green MP Shadow Minister for Equalities