S.C.F.
Amendment Paper as at
Tuesday 18th May 1999
STANDING COMMITTEE F
New Amendments handed in are marked thus *
Ms Margaret Hodge
That, during proceedings on the Disability Rights Commission Bill [Lords], the Committee do meet on Tuesdays at half-past Ten o'clock and half-past Four o'clock and on Thursdays at Nine o'clock and at half-past Two o'clock.
DISABILITY RIGHTS COMMISSION BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Ms Margaret Hodge.
Ms Margaret Hodge
To move, That the Bill be considered in the following Order, namely, Clause 1; Schedule 1; Clause 2; Clauses 6 to 11; Clause 3; Schedule 3; Schedule 2; Clauses 4 and 5; Schedule 3; Clauses 12 to 15; Schedules 4 and 5; new Clauses and new Schedules.
Mrs Theresa May
Mrs Angela Browning
13
Clause 1, page 1, line 8, at end insert 'as a minimum ensuring that the gross annual budget is uplifted in line with inflation.'.
Mrs Theresa May
Mrs Angela Browning
10
Schedule 1, page 10, line 13, leave out 'and has not had a disability'.
Mrs Theresa May
Mrs Angela Browning
18
Schedule 1, page 10, line 15, at end insert—
' (2A) All Commissioners or employees in a managerial capacity must demonstrate a knowledge of disability as defined by the Act, including developmental disorders such as cerebral palsy, Down's syndrome and autistic spectrum disorders.'.
Mrs Theresa May
Mrs Angela Browning
11
Schedule 1, page 10, line 38, leave out 'or a person who has had a disability.'.
Mrs Theresa May
Mrs Angela Browning
12
Schedule 1, page 11, line 1, at end insert—
'(d) a person appointed as chairman of the Commission shall be appointed for a period of not more than five years and not less than four years.'.
Mrs Theresa May
Mrs Angela Browning
19
Schedule 1, page 12, line 26, at end insert—
'(2A) The Commission shall publish annually the individuals or bodies from whom it has sought professional advice in respect of specific disabilities.'.
Ms Margaret Hodge
1
Clause 2, page 1, line 25, after 'agency', insert 'or other public authority'.
Mrs Theresa May
Mrs Angela Browning
3
Clause 2, page 2, line 10, at end insert—
'(4A) The Commission shall have the power to set up regional offices as it deems necessary in pursuance of its duties under this Act.'.
Mrs Theresa May
Mrs Angela Browning
16
Clause 6, page 5, line 7, at end insert—
'(e) underwrite any legal aid liability, subject to the conditions of section 7 (1).'
Mrs Theresa May
Mrs Angela Browning
17
Clause 7, page 5, line 20, at end insert—
'(2A) The Commission shall publish an annual tariff of charges and expenses for routine assistance that may be subject to recovery of expenses.'.
Mrs Margaret Hodge
20
*Clause 4, page 2, line 36, leave out from 'Commission' to end of line 20 on page 3 and insert 'is satisfied that a person has committed or is committing an unlawful act, it may serve on him a notice (referred to in this Act as a non-discrimination notice) which—
(a) gives details of the unlawful act which the Commission has found that he has committed or is committing; and
(b) requires him not to commit any further unlawful acts of the same kind (and, if the finding is that he is committing an unlawful act, to cease doing so).
(2) The notice may include recommendations to the person concerned as to action which the Commission considers he could reasonably be expected to take with a view to complying with the requirement mentioned in subsection (1)(b).
(3) The notice may require the person concerned—
(a) to propose and finalise an adequate action plan (subject to and in accordance with Part IIA of Schedule 3) with a view to securing compliance with the requirement mentioned in subsection (1)(b); and
(b) once that action plan is finalised, to take any action which—
(i) is specified in the plan; and
(ii) he has not already taken,
at the time or times specified in the plan.
(4) For the purposes of subsection (3)—
(a) an action plan is a document drawn up by the person concerned specifying action (including action he has already taken) intended to change anything in his practices, policies, procedures or other arrangements which—
(i) caused or contributed to the commission of the unlawful act concerned; or
(ii) is liable to cause or contribute to a failure to comply with the requirement mentioned in subsection (1)(b); and
(b) an action plan is adequate if the action specified in it would be sufficient to ensure, within a reasonable time, that he is not prevented from complying with that requirement by anything in his practices, policies, procedures or other arrangements;
and the action specified in an action plan may include ceasing an activity or taking continuing action over a period.'.
Mrs Theresa May
Mrs Angela Browning
14
Clause 4, page 2, line 37, after 'person', insert 'or corporate body'.
Mrs Theresa May
Mrs Angela Browning
15
Clause 4, page 2, line 41, after 'person', insert 'or corporate body'.
Mrs Theresa May
Mrs Angela Browning
4
Clause 4, page 3, line 3, leave out from beginning to 'provisions' in line 6 and insert—
'(3) The Commission may include in a non-discrimination notice'.
Mrs Theresa May
Mrs Angela Browning
5
Clause 4, page 3, line 18, leave out 'The regulations may provide for a non-discrimination notice to' and insert 'A non-discrimination notice may'.
Mrs Margaret Hodge
21
*Clause 4, page 3, line 25, leave out from 'to' to 'has' in line 26 and insert 'non-discrimination notices and action plans)'
Mrs Margaret Hodge
22
*Clause 5, page 3, line 28, leave out from beginning of line to the end of line 46 and insert—
'(1) If the Commission has reason to believe that a person has committed or is committing an unlawful act, it may (subject to section 3(3)) enter into an agreement in writing under this section with that person on the assumption that that belief is well founded (whether or not that person admits that he committed or is committing the act in question).
(2) An agreement under this section is one by which—
(a) the Commission undertakes not to take any relevant enforcement action in relation to the unlawful act in question; and
(b) the person concerned undertakes—
(i) not to commit any further unlawful acts of the same kind (and, where appropriate, to cease committing the act in question);
(ii) to take such action (which may include ceasing an activity or taking continuing action over any period) as may be specified in the agreement.'.
Mrs Theresa May
Mrs Angela Browning
6
Clause 5, page 3, line 31, leave out 'and' and insert 'or'.
Mrs Theresa May
Mrs Angela Browning
7
Clause 5, page 3, line 38, leave out 'in the investigation' and insert 'in regard to an investigation'.
Mrs Margaret Hodge
23
*Clause 5, page 4, leave out lines 4 to 11 and insert—
'(4) For the purposes of subsection (2)(a), "relevant enforcement action" means—
(a) beginning a formal investigation into the commission by the person concerned of the unlawful act in question;
(b) if such an investigation has begun (whether or not the investigation is confined to that matter), taking any further steps in the investigation of that matter; and
(c) taking any steps, or further steps, with a view to the issue of a non-discrimination notice based on the commission of the unlawful act in question.
(5) The action specified in an undertaking under subsection (2)(b)(ii) must be action intended to change anything in the practices, policies, procedures or other arrangements of the person concerned which—
(a) caused or contributed to the commission of the unlawful act in question; or
(b) is liable to cause or contribute to a failure to comply with his undertaking under subsection (2)(b)(i).
(5A) An agreement under this section—
(a) may include terms providing for incidental or supplementary matters (including the termination of the agreement, or the right of either party to terminate it, in certain circumstances); and
(b) may be varied or revoked by agreement of the parties.
(5B) An agreement under this section may not include any provisions other than terms mentioned in subsection (2) and (5A)(a) unless their inclusion is authorised by regulations made by the Secretary of State for the purposes of this section; but any provisions so authorised are not enforceable by the Commission under subsection (6).'.
