S.C.F.
Amendment Paper as at
Thursday 20th May 1999
STANDING COMMITTEE F
DISABILITY RIGHTS COMMISSION BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th May] as follows:
Clause 1; Schedule 1; Clause 2; Clauses 6 to 11; Clause 3; Schedule 2; Clauses 4 and 5; Schedule 3; Clauses 12 to 15; Schedules 4 and 5; new Clauses and new Schedules.
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).'.
Mrs Margaret Hodge
24
Clause 5, page 4, line 22, leave out '5 or'.
Mrs Margaret Hodge
25
Clause 5, page 4, line 28, at end insert—
'() Schedule 3 (so far as relating to agreements under this section) has effect.'.
Mrs Margaret Hodge
27
Schedule 3, page 14, leave out lines 5 to 8 and insert 'whether—
(a) a person has committed or is committing any unlawful act;
(b) any requirement imposed by a non-discrimination notice served on a person (including a requirement to take action specified in an action plan which has become final) has been or is being complied with;
(c) any undertaking given by a person in an agreement made with the Commission under section 5 is being or has been complied with.'.
Mrs Margaret Hodge
28
Schedule 3, page 14, line 17, leave out 'requirements mentioned in sub-paragraph (1)(b)' and insert 'requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)'.
Mrs Margaret Hodge
29
Schedule 3, page 14, line 23, leave out 'requirements mentioned in sub-paragraph (1)(b)' and insert 'requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)'.
Mrs Margaret Hodge
30
Schedule 3, page 14, line 26, leave out from 'he' to 'committing' and insert 'may have committed or may be'.
Mrs Margaret Hodge
31
Schedule 3, page 14, line 32, at end insert—
'( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (7), it shall give reasons in writing for its objection.'.
Mrs Margaret Hodge
32
Schedule 3, page 16, line 7, at end insert—
'( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (4), it shall give reasons in writing for its objection.'.
Mrs Theresa May
Mrs Angela Browning
8
Schedule 3, page 16, line 7, at end insert—
'( ) The person concerned may require the Commission to give reasons for that unsuitability in writing.'.
Mrs Margaret Hodge
33
Schedule 3, page 16, line 12, leave out 'with the day after' and insert 'on the day after the day on which'.
Mrs Margaret Hodge
34
Schedule 3, page 16, line 13, at end insert 'under section 4(1)(b) or (3)'.
Mrs Margaret Hodge
35
Schedule 3, page 16, leave out lines 19 to 26 and insert—
'(3) The court or tribunal may quash or, in Scotland, recall any requirement appealed against—
(a) if it considers the requirement to be unreasonable; or
(b) in the case of a requirement imposed under section 4(1)(b), if it considers that the Commission's finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact.
(4) On quashing or recalling a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate.
(5) The modifications which may be included in such a direction include—
(a) the substitution of a requirement in different terms; and
(b) in the case of a requirement imposed under section 4(1)(b), modifications to the details given under section 4(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based.
(6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4).
(7) If the court or tribunal allows an appeal under this paragraph without quashing or recalling the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice—
(a) by revoking or altering any recommendation included in pursuance of the Commission's power under section 4(2); or
(b) by making new recommendations in pursuance of that power.'.
