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Column 1195
Wareing, Robert N.Wells, Bowen
Winterton, Mrs Ann
Winterton, Nicholas
Wood, Timothy
Tellers for the Ayes :
Mr. Tom Sackville and
Mr. Michael Fallon.
NOES
Beggs, Roy
McCrea, Rev William
Molyneaux, Rt Hon James
Paisley, Rev Ian
Tellers for the Noes :
Mr. Peter Robinson and
Mr. William Ross.
Question accordingly agreed to.
Amendments made : No. 28, in page 20, line 38, leave out the period to which the'
and insert
the date or period to which any'.
No. 29, in page 21, line 23, leave out from second different' to end of line 24 and insert cases'.
No. 30, in page 21, line 25, leave out but this subsection does' and insert --
(3) The regulations may authorise or require the employer to determine which community if any a person employed or applying for employment in the concern is to be treated as belonging to for the purposes of monitoring by applying the principal method, or one of the principal methods, prescribed or, where that method does not enable him to make that determination or, as the case may be, none of those methods enables him to make that determination, by applying the residuary method, or one of the residuary methods, prescribed ; so that, for example--
(a) where an applicant--
(i) has stated that he attended a particular primary school, being a school classified in any list maintained by virtue of subsection (2)(h) above as a school attended mainly by members of a particular community, or
(ii) has stated that he belongs to a particular community, the employer may be required to determine that he is to be treated as belonging to the community concerned, and
(b) where, in any case not within paragraph (a) above, the employer has information about the applicant, being information which the employer is authorised by the regulations to take into account as tending to show that the person to whom it relates has a connection with a particular community, the employer may be required to determine the community to which the applicant is to be treated as belonging by reference to that information.
(4) Subsections (2) and (3) above do'.-- [Mr. Viggers.]
Clause 30
Periodic reviews by employers
Amendment made : No. 31, in page 22, line 11, leave out from concern' to end of line 15 and insert--
(1A) In a case where it appears to the employer in the course of the review that members of a particular community are not enjoying, or are not likely to continue to enjoy, such participation, he shall as part of the review determine the affirmative action (if any) which would be reasonable and appropriate.
(1B) In a case where the employer determines in the course of the review that affirmative action would be reasonable and appropriate he shall as part of the review--
(a) consider whether, assuming the action is taken, it is practicable to determine, by reference to one or more periods, the progress towards fair participation in employment in the concern that can reasonably be expected to be made by members of a particular community, and
(b) if he considers that it is practicable to determine such progress, determine the period or periods concerned and, in respect of each period, the progress that, in his opinion, can reasonably be expected to be made by members of the community concerned in relation to the composition of--
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(i) those employed in the concern in Northern Ireland or those whose employment in the concern in Northern Ireland begins after the determination, and(ii) those applying for such employment.'.-- [Mr. Viggers.]
Clause 31
Enquiries by the Commission
Amendments made : No. 32, in page 22, line 45, leave out from review' to end of line 4 on page 23 and insert--
(b
(as to any determination under subsection (1A) of section 30 of this Act, and)
(c
(in a case falling within subsection (1B) of that section, as to his consideration of the matters referred to in paragraph (a) of that subsection and any determination under paragraph (b) of that subsection.'.)
No. 33, in page 23, line 5, leave out
any such matter as is referred to in subsection (3)(b) above' and insert
that members of a particular community are not enjoying, or are not likely to continue to enjoy, fair participation in employment in the concern'.
No. 34, in page 23, line 7, at end insert
and as to the matters referred to in subsection (1B)(a) of section 30 of this Act and any determination under subsection (1B)(b) of that section.
(4A) Where the employer discloses to the Commission under this section a determination to take any affirmative action, the Commission may from time to time require him to give the Commission such information as it may specify as to the affirmative action that he has taken or proposes to take, but the Commission may not require an employer to give any information under this subsection before the expiry of the period of six months beginning with--
(a) the date of the disclosure, or
(b) if he has previously been required to give any information under this subsection, the date on which he was last required to do so.
(4B) Where the employer discloses to the Commission under this section any determination under section 30(1B)(b) of this Act, the Commission may from time to time require him to give the Commission such information as it may specify for the purpose of determining the extent to which the progress that the employer determined could reasonably be expected to be made in any period has been made on the date of the requirement, but the Commission may not require an employer to give any information under this subsection before the expiry of the period of six months beginning with--
(a) the date of the disclosure, or
(b) if he has previously been required to give any information under this subsection, the date on which he was last required to do so.'.
No 35, in page 23, line 12, leave out a' and insert
the reference in subsections (4A) and (4B) above to the date of the requirement is to the date on which the notice was served. (5A) A'.
No. 36, in page 23, line 13, leave out that' and insert any'. No. 37, in page 23, line 17, leave out from time' to end of line 18.
No. 38, in page 23, line 19, leave out from offence' to end of line 20 and insert--
(6A) A person guilty of an offence under subsection (6) above-- (
(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
(b) if the failure continues after conviction, is liable on a second or subsequent summary conviction to a fine not exceeding one tenth of level 5 on the standard scale for each day on which the failure continues.'.
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No. 39, in page 23, line 21, leave out from under' to second to' in line 22 and insert subsection (6) above'.No. 40, in page 23, line 24, leave out
that requirement by that time'
and insert
the requirement by the specified time'.
No. 41, in page 23, line 30, at end insert--
(8) A person required to give any information under this section who knowingly gives any false or misleading information is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.-- [Mr. Viggers.]
Clause 35
Notices about goals and timetables
Amendments made : No. 42, in page 25, line 23, leave out from under' to or' in line 28 and insert
Part I of this Act to take any action,
(b) he has been directed under that Part to take any action'. No. 43, in page 25, line 31, leave out from action' to end of line 32.
No. 44, in page 25, line 33, at beginning insert
being action appearing to the Commission to be affirmative action'.
No. 45, in page 26, line 3, leave out from him' to the Commission" in line 7 and insert
the notice shall cease to have effect--
(a) if the Tribunal makes an order for the purpose of giving effect to the undertaking or directions or, in the case of directions, the Tribunal or the Commission substitutes for them or any of them other directions, or
(b) in the case of directions, if they, or such of them as the notice relates to, are quashed or otherwise cease to have effect, or (
(c) in the case of an undertaking, if it, or such part of it as the notice relates to, ceases to have effect,
but without prejudice, in a case within paragraph (a) above, to any power to give a new notice.
(4) Where a notice about goals and timetables has effect'. No. 46, in page 26, line 24, leave out from time' to end of line 25.
No. 47, in page 26, line 27, leave out from above' to end of line 32 and insert--
(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
(b) if the failure continues after conviction, is liable on a second or subsequent summary conviction to a fine not exceeding one tenth of level 5 on the standard scale for each day on which the failure continues.'.
No. 48, in page 26, line 33, leave out from under' to second to' in line 34 and insert subsection (7) above'.
No. 49, in page 26, line 36, leave out
that requirement by that time'
and insert
the requirement by the specified time'.
No. 50, in page 26, line 42, at end insert--
(10) A person required to give any information under this section who knowingly gives any false or misleading information is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.-- [Mr. Viggers.]
Clause 39
Restriction on execution of works, etc.
by unqualified persons--
Amendment made : No. 51, in page 30, line 13, leave out from beginning to Northern Ireland' and insert
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by the Secretary of State, by the Department or, after consultation with the Department, by any other'.-- [Mr. Viggers.]Clause 43
Additional powers of Commission
to obtain information--
Amendments made : No. 52, in page 31, line 43, leave out from time' to end of line 44.
No. 53, in page 31, line 45, leave out from offence' to end of line 46 and insert--
(3A) A person guilty of an offence under subsection (3) above-- (
(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
(b) if the failure continues after conviction, is liable on a second or subsequent summary conviction to a fine not exceeding one tenth of level 5 on the standard scale for each day on which the failure continues.'.
No. 54, in page 32, line 1, leave out from under' to second to' in line 2 and insert subsection (3) above'.
No. 55, in page 32, line 4, leave out
that requirement by that time'
and insert
the requirement by the specified time'.
No. 56, in page 32, line 10, at end insert--
(4A) A person required to give any information under this section who knowingly gives any false or misleading information is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.-- [Mr. Viggers.]
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