Session 2012 - 13
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Enterprise and Regulatory Reform Bill

MARSHALLED LIST OF MOTIONS AND AMENDMENTS TO BE MOVED ON

CONSIDERATION OF commons insistence and amendments in lieu

[The page and line references are to HL Bill 45, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENT NOS. 35 AND 36

Clause 56

35

Page 54, line 40, leave out paragraph (a)

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 35 for the following Reason—

35A

Because it is appropriate for section 3 of the Equality Act 2006 to be repealed.

 

LORDS INSISTENCE AND REASON

 

The Lords insist on their Amendment No. 35 for the following Reason—

35B

Because repealing section 3 would undermine the EHRC’s duty to promote social change

 

through its human rights and equality duties; compromise its independence as an

 

accredited national human rights body; and prevent it from complying with its monitoring

 

requirements in that capacity and as Britain’s national equality body.

36

Page 55, line 8, leave out subsection (6)

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 36 for the following Reason—

36A

Because it is more appropriate for the Commission for Equality and Human Rights to

 

monitor progress by reference to its duties under sections 8 and 9 of the Equality Act 2006.

 
 
HL Bill 100—I55/2

 
 

2

 
 

LORDS INSISTENCE AND REASON

 

The Lords insist on their Amendment No. 36 for the following Reason—

36B

Because monitoring progress by reference to the EHRC’s duties under sections 8 and 9,

 

rather than section 3, would prevent the Commission from complying with the monitoring

 

requirements relating to equality and human rights bodies, and would jeopardise the

 

EHRC’s accredited status.

 

COMMONS INSISTENCE, non-insistence and consequential amendments

 

The Commons insist on their disagreement to Lords Amendment No. 36, do not insist on

 

their disagreement to Lords Amendment No. 35 and propose the following consequential

 

Amendments to the Bill—

36C

Page 54, line 41, leave out “10” and insert “10(1) and (4) to (8)”

36D

Page 55, line 4, leave out from “subsections” to end of line 5 and insert “make

 

further amendments to the Equality Act 2006.”

36E

Page 55, line 17, leave out subsection (10)

 

A

 

Viscount Younger of Leckie to move, That this House do not insist on its

 

insistence on Lords Amendent 36 and do agree with the Commons in their

 

Amendments 36C to 36E.

 

MOTION B

 

LORDS AMENDMENT NO. 37

After Clause 56

37

Insert the following new Clause—

 

“Equality Act 2010: caste discrimination

 

(1)    

The Equality Act 2010 is amended as follows.

 

(2)    

After section 9(1)(c) (race) insert—

 

“(d)    

caste;”.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 37 for the following Reason—

37A

Because it is inappropriate to provide for caste to be an aspect of race for the purposes of the

 

Equality Act 2010 without further consultation.

 

LORDS INSISTENCE AND REASON

 

The Lords insist on their Amendment No. 37 for the following Reason—

37B

Because it is appropriate to provide for caste to be an aspect of race for the purposes of the

 
 

 
 

3

 
 

Equality Act 2010.

 

COMMONS INSISTENCE AND AMENDMENTS IN LIEU

 

The Commons insist on their disagreement to Lords Amendment No. 37 but propose the

 

following Amendments to the Bill in lieu of the Lords Amendment—

37C

Page 73, line 2, at end insert—

 

         

“Equality Act 2010: caste as an aspect of race

 

(1)    

Section 9(5) of the Equality Act 2010 is amended in accordance with

 

subsections (2) to (4).

 

(2)    

Omit “may by order”.

 

(3)    

In paragraph (a) (power to provide for caste to be an aspect of race) at the

 

beginning insert “must by order”.

 

(4)    

In paragraph (b) (power to provide for exceptions to apply or not to apply

 

to caste) at the beginning insert “may by order”.

 

(5)    

A Minister of the Crown—

 

(a)    

may carry out a review of the effect of section 9(5) of the Equality

 

Act 2010 (and orders made under it) and whether it remains

 

appropriate, and

 

(b)    

must publish a report on the outcome of any such review.

 

(6)    

The power under subsection (5)(a) may not be exercised before the end of

 

the period of 5 years beginning with the day on which this Act is passed

 

(but may be exercised on more than one occasion after that).

 

(7)    

If a Minister of the Crown considers it appropriate in the light of the

 

outcome of a review under subsection (5), the Minister may by order repeal

 

or otherwise amend section 9(5) of the Equality Act 2010.

 

(8)    

The power to make an order under subsection (7) includes power to make

 

incidental, supplementary, consequential, transitional or saving provision,

 

including doing so by amending an Act or subordinate legislation (within

 

the meaning of the Interpretation Act 1978).

 

(9)    

An order under subsection (7) must be made by statutory instrument.

 

(10)    

A statutory instrument containing an order under subsection (7) may not

 

be made unless a draft of the instrument has been laid before, and

 

approved by a resolution of, each House of Parliament.”

37D

Page 76, line 2, at end insert—

 

“( )    

section (Equality Act 2010: caste as an aspect of race) extends only to

 

England and Wales and Scotland;”

37E

Page 76, line 8, at end insert—

 

“( )    

section (Equality Act 2010: caste as an aspect of race);”

37F

Title, line 7, after “directors;” insert “to amend section 9(5) of the Equality Act

 

2010;”

 
 

 
 

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B

 

Viscount Younger of Leckie to move, That this House do not insist on its

 

insistence on Lords Amendment 37 and do agree with the Commons in their

 

Amendments 37C to 37F in lieu.

 
 

 
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Revised 24 April 2013