Religious Discrimination and Remedies Bill

House of Commons

Session 1997-98
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Religious Discrimination and Remedies Bill

A
B I L L

TO
Render unlawful religious discrimination in employment and in the provision of certain types of goods, facilities and services and to make provision for appropriate enforcement; to create new offences relating to incitement to religious hatred; and for related purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I

DISCRIMINATION TO WHICH ACT APPLIES

Religious discrimination.     1. A person discriminates against another person in any circumstances relevant for the purposes of any provision of this Act if-

(a) on grounds of religious belief he treats that other less favourably than he treats or would treat other persons; or

(b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same religious belief as that other but-

(i) which is such that the proportion of persons of the same religious belief as that other who can comply with it is considerably smaller than the proportion of persons not of that religious belief who can comply with it; and

(ii) which he cannot show to be justifiable irrespective of the religious belief of the person to whom it is applied; and

(iii) which is to the detriment of that other because he cannot comply with it.

Discrimination by way of victimisation.     2. - (1) A person ("the discriminator") discriminates against another person ("the person victimised") in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has-

(a) brought proceedings against the discriminator or any other person under this Act; or

(b) given evidence or other information in connection with proceedings brought by any person against the discriminator or any other person under this Act; or

(c) otherwise done anything under or by reference to this Act in relation to the discriminator or any other person; or

(d) alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act,

or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.

    (2) Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.

Meaning of "religious belief", "religious group", etc.     3. - (1) In this Act references to a person's religious belief include references to his known or professed religious belief and to his supposed religious belief and to the absence or supposed absence of any, or any particular, religious belief.

    (2) In this Act references to a religious group include references to a group of persons who are known or supposed to have the same religious belief. The fact that a religious group comprises two or more distinct religious groups does not prevent it from constituting a particular religious group for the purposes of this Act.

    (3) In this Act-

(a) references to discrimination refer to any discrimination falling within section 1 or 2; and

(b) references to religious discrimination refer to any discrimination falling within section 1,

and related expressions shall be construed accordingly.

    (4) A comparison of the case of a person of a particular religious group with that of a person not of that group under section 1 must be such that the relevant circumstances are the same, or not materially different, in the other.

© Parliamentary copyright 1998
Prepared 2 July 1998

Religious Discrimination and Remedies Bill

	A B I L L TO Render unlawful religious discrimination in employment and in the provision of certain types of goods, facilities and services and to make provision for appropriate enforcement; to create new offences relating to incitement to religious hatred; and for related purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	PART I
	DISCRIMINATION TO WHICH ACT APPLIES
Religious discrimination.	1. A person discriminates against another person in any circumstances relevant for the purposes of any provision of this Act if-
	(a) on grounds of religious belief he treats that other less favourably than he treats or would treat other persons; or
	(b) he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same religious belief as that other but-
	(i) which is such that the proportion of persons of the same religious belief as that other who can comply with it is considerably smaller than the proportion of persons not of that religious belief who can comply with it; and
	(ii) which he cannot show to be justifiable irrespective of the religious belief of the person to whom it is applied; and
	(iii) which is to the detriment of that other because he cannot comply with it.
Discrimination by way of victimisation.	2. - (1) A person ("the discriminator") discriminates against another person ("the person victimised") in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has-
	(a) brought proceedings against the discriminator or any other person under this Act; or
	(b) given evidence or other information in connection with proceedings brought by any person against the discriminator or any other person under this Act; or
	(c) otherwise done anything under or by reference to this Act in relation to the discriminator or any other person; or
	(d) alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act,
	or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.
	(2) Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.
Meaning of "religious belief", "religious group", etc.	3. - (1) In this Act references to a person's religious belief include references to his known or professed religious belief and to his supposed religious belief and to the absence or supposed absence of any, or any particular, religious belief.
	(2) In this Act references to a religious group include references to a group of persons who are known or supposed to have the same religious belief. The fact that a religious group comprises two or more distinct religious groups does not prevent it from constituting a particular religious group for the purposes of this Act.
	(3) In this Act-
	(a) references to discrimination refer to any discrimination falling within section 1 or 2; and
	(b) references to religious discrimination refer to any discrimination falling within section 1,
	and related expressions shall be construed accordingly.
	(4) A comparison of the case of a person of a particular religious group with that of a person not of that group under section 1 must be such that the relevant circumstances are the same, or not materially different, in the other.