there are numerous Labour lawyers in the Commons, and even more in the Lords. They have the services of innumerable legal advisers, all of whom are perfectly capable of spotting a flaw that those so minded could drive a coach and four through.
Yet time and again, legislation is created sketchily and in haste, pushed through the commons without scrutiny, then banged through the lords. And then they wonder why it screws up in the courts.
This isn't just NuLab's problem, I seem to remember the tories under Major fell down on it sometimes. However, it would help if government were more about governing the country and creating effective legislation and a lot less about coming up with showpiece bullshit like dog insurance schemes designed to catch a lazy headline and waste everyone's time working out why it's a total crock.
However. On this occasion I wonder if this didn't happen by design. We know how much in hock NuLab is to religious bat-shittery, so maybe this was a deliberate get-out clause. I wouldn't put it past them. I'm just glad Blair and Kelly are no longer around to legislate this country into Opus dei. keep to the Fen Causeway
This applies where 'reasonable' adjustments are the basis of a case in tribunal for example where ultimately only the tribunal can decide given all the circumstances presented to them whether or not it is reasonable to expect an employer to make the adjustments being requested.
Anywhere the word 'reasonable' appears is going to bring a path in for judges to overturn other decisions or interpret a clause to the extreme motivated by their own prejudices. This is what seems to have happened with the case above - the current legislation isn't strong enough but hopefully when the equality bill passes it will be stronger and far more restrictive and clear on what exemptions are allowed.
The case I'm referring to was one that overturned an entire section off the DDA by essentially disagreeing with the principle laid out in it and completely messed things up. The equality bill is one way we can rectify it and also improve other provisions but only if the Bill gets through Parliament before the election. Otherwise we'll end up in wash up which would leave the bill open to attack by the Tories. Then we'll see a properly shoddy bunch of clauses floating around. Ad astra per aspera
