Amendment Paper as at
Wednesday 30th June 1999
CONSIDERATION OF BILL
DISABILITY RIGHTS COMMISSION BILL [LORDS], AS AMENDED
NEW CLAUSES
Initiation of proceedings
Mrs Theresa May
Mr Tim Boswell
NC1
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 1995 Act 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and the Commission may only continue with the proceedings with the consent of the person aggrieved, that consent may be withdrawn at any stage of the proceedings and that the withdrawal of consent will not prevent the aggrieved person proceeding in their own name.
(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 also (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 shall mean for the purpose of this section the "person aggrieved".
(4) For the purposes 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.'.
Action plans
Mrs Theresa May
Mr Tim Boswell
NC2
To move the following Clause:—
'.—(1) The Secretary of State may make regulations to enable a provider of services under Part III of the 1995 Act to lodge an action plan with the Commission.
(2) An action plan may provide for changes to policies, practices or procedures or any other arrangements under Part III.
(3) An action plan shall comply with any requirements as to its form or its content as specified by the Commission.'.
Ms Margaret Hodge
1
Page 3, line 6 [Clause 4], leave out 'and finalise'.
Ms Margaret Hodge
2
Page 3, line 10 [Clause 4], leave out 'that action plan is finalised' and insert 'an action plan proposed by him has become final'.
Ms Margaret Hodge
3
Page 3, line 45 [Clause 5], after 'the' insert 'unlawful'.
Ms Margaret Hodge
4
Page 4, line 43 [Clause 5], leave out subsection (10).
Mrs Theresa May
Mr Tim Boswell
26
Page 5, line 35 [Clause 7], at end insert—
'(ab) proceedings which an individual has brought or proposes to bring against a public authority under section 7 of the Human Rights Act 1998 (in relation to an unlawful act under section 6 of that Act), where proceedings have also been brought against that public authority under section 25 of the 1995 Act.'.
Ms Margaret Hodge
5
Page 13, line 28 [Schedule 1], at end insert—
'List of consultees
17.—(1) The Commission shall maintain a list of the organisations it has consulted generally for the purposes of any of its functions.
(2) An organisation may be removed from the list if it has not been consulted generally in the 12 months preceding its removal.
(3) For the purposes of sub-paragraphs (1) and (2), consultation is general unless it relates only—
(a) to an investigation to which paragraph 3 of Schedule 3 applies,
(b) to assistance under section 7, or
(c) otherwise to a particular individual or individuals.
(4) The Commission shall make the list available to the public in whatever way it considers appropriate (subject to any charge it may impose).'.
Ms Margaret Hodge
6
Page 15, line 8 [Schedule 3], leave out 'which has become final'.
Ms Margaret Hodge
7
Page 16, line 19 [Schedule 3], leave out sub-paragraph (3).
Ms Margaret Hodge
8
Page 18, line 12 [Schedule 3], leave out 'day' and insert 'date'.
Ms Margaret Hodge
9
Page 18, line 24 [Schedule 3], leave out sub-paragraph (4).
Ms Margaret Hodge
10
Page 18, line 30 [Schedule 3], leave out 'and finalise'.
Ms Margaret Hodge
11
Page 18, line 43 [Schedule 3], leave out 'and finalise'.
Ms Margaret Hodge
12
Page 18, line 45 [Schedule 3], leave out 'that requirement' and insert 'the requirement mentioned in section 4(1)(b)'.
Ms Margaret Hodge
13
Page 19, line 6 [Schedule 3], leave out 'time ' and insert 'period'.
Ms Margaret Hodge
14
Page 19, line 7 [Schedule 3], leave out sub-paragraph (3).
Ms Margaret Hodge
15
Page 20, line 3 [Schedule 3], leave out sub-paragraph (2).
Ms Margaret Hodge
16
Page 20, line 6 [Schedule 3], leave out 'under paragraph 23' and insert 'to a county court or, in Scotland, to the sheriff'.
Ms Margaret Hodge
17
Page 20 [Schedule 3], leave out lines 14 to 23.
Ms Margaret Hodge
18
Page 20, line 25 [Schedule 3], leave out 'with immediate effect'.
Ms Margaret Hodge
19
Page 20, line 37 [Schedule 3], leave out sub-paragraph (4).
Ms Margaret Hodge
20
Page 21, line 6 [Schedule 3], leave out 'this sub-paragraph' and insert 'sub-paragraph (3)'.
Ms Margaret Hodge
21
Page 21, line 9 [Schedule 3], leave out sub-paragraph (5).
Ms Margaret Hodge
22
Page 21, line 37 [Schedule 3], leave out from beginning to 'with' in line 39 and insert—
'(1) This paragraph applies to any order made by a county court or the sheriff under section 5(8) or under any provision of this Schedule.
(2) Section 55 of the County Courts Act 1984 (penalty for failure to give evidence) shall have effect in relation to a failure to comply with an order made by a county court to which this paragraph applies'.
Ms Margaret Hodge
23
Page 21, line 43 [Schedule 3], after 'under' insert 'section 5(8) of or'.
Ms Margaret Hodge
24
Page 22, line 6 [Schedule 3], leave out from 'sheriff' to end of line 7 and insert 'to which this paragraph applies'.
Ms Margaret Hodge
25
Page 22, line 14 [Schedule 3], at end insert—
'(3) If the Commission applies to a county court or, in Scotland, to the sheriff to enforce an order to which this paragraph applies, the court may modify the order.'.
