Amendment 9 would remove disability from the list of protected characteristics. I know that the hon. Gentleman does not intend to do that, because it would be detrimental to disabled people and would deny them protection from indirect discrimination, as is the current situation. That is contrary to the key aim of the Bill, which is to strengthen protection where gaps exist and to streamline it. We are filling a gap by putting disability into clause 18. As we streamline the legislation , we are bringing disability into line with other protected characteristics.

As I have recently said, when we looked at the response to the Malcolm judgment, we consulted on giving protection from indirect discrimination. About half of the responses favoured that, but we were persuaded that doing so would not be enough. That is why we are introducing protection from discrimination arising from disability. We were also convinced that protection from indirect discrimination would help to prevent systemic forms of discrimination against the disabled. One can readily think of examples, such as an employer who makes a practice of requiring all management trainees to go on an Outward Bound course. That would be indirectly discriminatory towards a particular group of disabled people who work for the company. We think it is right to put disability in the clause to deal with such situations.

There is a draft EU directive that, if passed, as we think it will be, will protect people from discrimination on the grounds of disability, age, sexual orientation and religion or belief in areas beyond employment. That will cover access to goods and services and the functions of public bodies. It includes a provision that would require us to provide specific protection from indirect discrimination for all protected characteristics. That is still under negotiation, but the principle of indirect discrimination is well established and will inevitably go  forward. We have included disability in the list to ensure that we give disabled people an appropriate level of protection and to meet that anticipated requirement.

Amendment 198 makes it plain that introducing protection against indirect discrimination for disability does not prevent disabled people from being treated more favourably. As the hon. Gentleman has acknowledged, we have gone over that ground. I hope that I can short-circuit the debate by saying that we agree that we must make plain the asymmetric approach towards disabled people that it is intended will be adopted under the Bill and that we will do that by redrafting clause 13. That is preferable to the adoption of amendment 198. If he is satisfied with that, I will not pick holes in the amendment.