Amendments proposed to the Disability Rights Commission Bill [Lords] - continued	House of Commons
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Mrs Margaret Hodge

41

Schedule     3,     page     17,     line     34,     leave out 'paragraph 5 or 12' and insert 'any provision of this Schedule'.

   

Mrs Margaret Hodge

42

Schedule     3,     page     17,     line     37,     leave out 'order under paragraph 5 or 12' and insert 'order made by a county court under any provision'.

   

Mrs Margaret Hodge

43

Schedule     3,     page     17,     line     46     leave out from beginning of line to 'as' in line 1 on page 18 and insert—

    '(2) Where the sheriff finds a person to be in contempt of court in respect of the failure of a person to comply with an order made by the sheriff under any provision of this Schedule—

(a) notwithstanding section 15 of the Contempt of Court Act 1981, the sheriff shall not commit the person to prison; and

(b) the sheriff may grant decree in favour of the Commission for such amount of any fine imposed for the contempt'.

   

Mrs Margaret Hodge

44

Schedule     3,     page     18,     line     8,     leave out from 'document' to end of line 14 and insert 'to which a notice under paragraph 4 or 12H, or an order under paragraph 5 or 12H(3), relates; or

(b) in complying with a notice under paragraph 4 or 12H, a non discrimination notice, an agreement under section 5 or an order of a court under section 5(6) or under any provision of this Schedule,'.

   

Mrs Margaret Hodge

45

Schedule     3,     page     19,     leave out lines 2 to 4 and insert '—

(a) supplementing Part I or II of this Schedule in connection with any matter concerned with the conduct of formal investigations or the procedure for issuing non-discrimination notices; or

(b) amending Part IIA of this Schedule in relation to the procedures for finalising action plans.'.

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Mrs Margaret Hodge

26

Clause     12,     page     8,     line     28,     at end insert—

' "final", in relation to a non-discrimination notice, has the meaning given by paragraph 11 of Schedule 3;'.

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Ms Margaret Hodge

2

Clause     15,     page     9,     leave out lines 16 to 19.

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NEW CLAUSES

Persistent discrimination

   

Ms Margaret Hodge

NC1

To move the following Clause:—

'Persistent discrimination

.—(1) This section applies during the period of five years beginning on the date on which— (a) a non-discrimination notice served on a person, (b) a finding by a court or tribunal in proceedings under section 8 or 25 of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part II or III of that Act; or (c) a finding by a court or tribunal in any other proceedings that a person has committed an act of a description prescribed under subsection (4)(b),     has become final.     (2) If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction, or to the sheriff for interdict, restraining him from doing so.     (3) The court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms.     (4) In this section "unlawful act" means— (a) an act which is unlawful discrimination for the purposes of any provision of Part II or III of the 1995 Act; or (b) any other unlawful act of a description prescribed for the purposes of this section.     (5) A finding of a court or tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.'.

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Complaint on behalf of a 'person aggrieved'

   

Mrs Theresa May
Mrs Angela Browning

NC2

To move the following Clause:—

    .—(1) The Commission may, in circumstances provided for in subsection (2), apply to an Employment Tribunal for leave to present a complaint on behalf of a "person aggrieved" that another person has done an unlawful act under Part II of the Disability Discrimination Act 1995 within the jurisdiction of an employment tribunal.

    (2) The Employment Tribunal may grant leave to proceed under subsection (1) where, because of—

(a) the special circumstances of the case; or

(b) the likely adverse effect of proceedings on the person aggrieved taking into account that person's disability

    it appears to the Tribunal that it is in the interests of justice for the Commission to proceed on behalf of the person.

    Provided that leave shall only be granted and the Commission may only continue with the proceedings with the consent of the person aggrieved and that consent may be withdrawn at any stage of the proceedings.

    (3) If the Tribunal considers that the complaint is well founded they shall make a finding to that effect and if they think it just and equitable to do so may (as if the complaint had been presented by the person) make an order such as is referred to in section 8(2) of that Act and all references to the complainant for the purpose of that section shall mean the "person aggrieved".

    (4) For the purpose of this section a "person aggrieved" is a person who alleges that he has been discriminated against within the terms of Part II of the 1995 Act.'.

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Application for restraining order

   

Mrs Theresa May
Mrs Angela Browning

NC3

To move the following Clause:—

    '.—(1) If during the period of five years beginning on the date on which the following became final in the case of any person namely—

(a) a non-discrimination notice served on him;

(b) a finding by a court or tribunal under the Disability Discrimination Act 1995

    it appears to the Commission that unless restrained he is likely to do one or more acts contravening sections 4, 6 or 19 of the 1995 Act, the Commission may apply to the County Court for an injunction or to the sheriff court for an order, restraining him from doing so; and the court if satisfied that the application is well founded may grant the injunction or order on the terms applied or in more limited terms.

    (2) In proceedings under this section the Commission shall not allege that the person to whom the proceedings relate has done an act which is within the jurisdiction of an industrial tribunal unless a finding by an industrial tribunal that he did that act has become final.'.

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Proceedings concerning a discriminatory practice

   

Mrs Theresa May
Mrs Angela Browning

NC4

To move the following Clause:—

    '.—(1) The Commission may bring proceedings in respect of a contravention of this section in accordance with Clause 4 of and Schedule 3 to this Act.

    (2) A person acts in contravention of this section if and so long as—

(a) he applies a discriminatory practice; and

(b) he cannot justify that practice under any provisions of Part II or Part III of the 1995 Act.

    (3) In this section "a discriminatory practice" means the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part II or Part III of the 1995 Act.'.

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Monitoring of Human Rights Act

   

Mrs Theresa May
Mrs Angela Browning

NC5

*To move the following Clause:—

    'The Commission shall monitor the operation of the Human Rights Act insofar as it pertains to disabled people, and may make proposals or give other advice to any Minister of the Crown as to any aspect of that Act.'.

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Prepared 18 May 1999