S.C.D.
NOTICES OF AMENDMENTS
given up to and including
Friday 7th April 2000
Mr Mike O'Brien
That, during proceedings on the Race Relations (Amendment) Bill [Lords], the Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at Ten o'clock and at half-past Two o'clock.
New Amendments handed in are marked thus *
STANDING COMMITTEE D
RACE RELATIONS (AMENDMENT) BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Mike O'Brien.
Mr Mike O'Brien
To move, That the Bill be considered in the following order, namely, Clause 1, Schedule 1, Clauses 2 to 8, Schedules 2 and 3, Clause 9, new Clauses, new Schedules.
Mr Simon Hughes
Sir Robert Smith
8
*Clause 1, page 1, leave out lines 9 to 12 and insert—
'19B.—It is unlawful for a public authority to discriminate, in carrying out any of its functions, against another person.'.
Mr Mike O'Brien
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
5
Clause 1, page 1, leave out lines 13 and 14.
Mr Simon Hughes
Sir Robert Smith
9
*Clause 1, page 1, leave out lines 15 to 17.
Mr Simon Hughes
Sir Robert Smith
10
*Clause 1, page 1, leave out lines 18 to 20.
Mr Simon Hughes
Sir Robert Smith
11
*Clause 1, page 1, leave out lines 21 to 24.
Mr Simon Hughes
Sir Robert Smith
12
*Clause 1, page 1, leave out from beginning of line 25 to end of line 10 on page 2.
Mr Simon Hughes
Sir Robert Smith
13
*Clause 1, page 2, leave out lines 11 to 15.
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
2
Clause 1, page 2, line 21, at end insert—
'(9) Nothing in this section shall make unlawful any measures appropriate and necessary to meet the special needs of persons of a particular racial group or any measures designed to prevent or compensate for disadvantages suffered by persons of that racial group.
Mr Simon Hughes
Sir Robert Smith
16
*Clause 1, page 2, line 21, at end insert—
'(9) Nothing in parts II to IV shall render unlawful any measure by a public authority in the carrying out of any of its functions that
(a) relates to a particular racial group;
(b) affords access to facilities or services, and ancillary benefits;
(c) and is appropriate to met the special needs of members of that racial group or to compensate for disadvantage suffered by members of that racial group.
(10) For purposes of subseciton (9) members of a particular racial group shall be treated as having suffered a disadvantage if the proportion of persons of that group who have suffered disadvantage in relation to a function of the authority has been, during a period of at least 12 months, and continues to be, considerably greater than the proportion of persons not of that racial group.'.
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
3
Clause 1, page 2, leave out lines 22 to 25 and insert—
'19C.—(1) Nothing in section 19B shall render unlawful any act done by a relevant person in carrying out immigration and nationality functions in affording persons of a particular nationality, religion, or ethnic or national origin special treatment on humanitarian grounds.'.
Mr Simon Hughes
Sir Robert Smith
20
*Clause 1, page 2, line 22, leave out subsection (1) and insert—
'( ) Nothing in section 19B shall render unlawful any act done by a relevant person in carrying out immigration and nationality functions in affording persons of a particular nationality, religion, or ethnic or national origin special treatment on humanitarian grounds.'.
Mr Simon Hughes
Sir Robert Smith
17
*Clause 1, page 2, line 24, leave out from 'nationality' to the end of line 25 and insert '(in determining a person's immigration or nationality status under any of the enactments mentioned in subsection (5) or any instrument made under or by virtue of any of those enactments.)'.
Mr Simon Hughes
Sir Robert Smith
19
*Clause 1, page 2, line 24, leave out 'or ethnic or national origins'.
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
4
Clause 1, page 2, line 25, after 'functions', insert 'in accordance with the Immigration Rules.'.
Mr Simon Hughes
Sir Robert Smith
18
*Clause 1, page 2, leave out lines 40 to 42.
Mr Simon Hughes
Sir Robert Smith
21
*Clause 1, page 3, leave out lines 11 to 14.
Mr Simon Hughes
Sir Robert Smith
14
*Clause 1, page 3, line 15, leave out subsection (2) and insert—
'( ) After section 78(2) of the 1976 Act there is inserted—
"(2A)(a) In this Act, 'public authority' includes any person certain of whose functions are of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.".'.
Mr Simon Hughes
Sir Robert Smith
15
*Schedule 1, page 12, line 29, at end insert—
'42A. The Queen's household,'.
Mr Simon Hughes
Sir Robert Smith
22
*Clause 2, page 3, line 20, after '(2)', insert 'and (4A)'.
Mr Simon Hughes
Sir Robert Smith
23
*Clause 2, page 3, line 32, at end insert—
'(4A) Subsection (4B) applies to—
(a) any recommendation made by a Minister of the Crown or Government department or other public authority in relation to the terms and conditions or the termination of an appointment to an office or post where section 4(2) does not apply; and
(b) any approval given or refused by such Minister or department or other public authority to any tems or condition in relation to any such appointment or to the termination of any such appointment.
(4B) In making the recommendations or giving or refusing the approval regarding terms and conditions of an appointment or the termination of such appointment the Minister of the Crown or Government department or other public authority shall not discriminate against another person.'.
Mr Simon Hughes
Sir Robert Smith
24
*Clause 4, page 6, line 36, after '(1)', insert '(until the conclusion, including discontinuance, withdrawal or stay of the criminal proceedings)'.
Mr Simon Hughes
Sir Robert Smith
25
*Clause 4, page 6, line 45, at end insert—
'(4F) Any stay or sist granted under (4E) above shall be for fixed period only, on the expiry of which the court shall consider whether the proceedings under subsection (1) shall proceed and in doing so subsections (4D) and (4E) shall apply.'.
Mr Simon Hughes
Sir Robert Smith
26
*Clause 4, page 7, line 13, at end insert—
'(4D) Without prejudice to subsections (4A) and (4B), the person aggrieved may re-serve on a subsequent date any questions to which the respondent has not replied in reliance on subsection (4B), and the prescribed periods referred to in subsection (3) shall not apply provided the questions had been served initially within the prescribed period.'.
Mr Simon Hughes
Sir Robert Smith
6
*Schedule 2, page 13, line 34, at end insert—
'7A. In section 47(1) after (d) add
(e) the implementation by public authorities of the duty under section (positive duty).'
Mr Simon Hughes
Sir Robert Smith
7
*Schedule 2, page 13, line 34, at end insert—
'7B. In section 47 add
3(B) In the course of preparing any draft code of pratice relating to the implementation by public authorities of the duty under section (positive duty) for eventual publication under subsection (2) the Commission shall consult with such organisations or bodies as appear to the Commission to be appropriate having regard to the content of the draft code.'
NEW CLAUSES
Duty to promote equality
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
NC1
To move the following Clause:—
'For section 71 of the Race Relations Act 1976 there is substituted—
"71.—(1) Without prejudice to its obligation to comply with any other provision of this Act, a public authority specified in Schedule A1 or of a description falling within that Schedule shall in carrying out its varied functions have due regard to the need—
(a) to eliminate unlawful racial discrimination;
(b) to promote equality of opportunity between persons of different colour, race, nationality or ethnic or national origins; and
(c) to promote good relations between persons of different racial groups.
(2) Where an entry in Schedule A1 is limited to a person in a particular capacity, this section does not apply to that person in any other capacity.
(3) Where an entry in Schedule A1 is limited to particular functions of a person, this section does not apply to that person in relation to any other functions.
(4) The Secretary of State may by order amend Schedule A1 so as to extend the application of this section if he considers that the extension is limited to functions or particular functions of a public nature.
(5) The Secretary of State may by order amend Schedule A1 in consequence of—
(a) any person who falls within it, or an office or other post to which it relates, ceasing to exist or otherwise changing its nature;
(b) any person who falls within it ceasing to exercise functions in a particular capacity or ceasing to exercise functions; or
(c) any functions of a person falling within it appearing to the Secretary of State not to be functions of a public nature.
(6) An order under this section may contain such incidental, supplementary or consequential provision as the Secretary of State considers appropriate (including provision amending or repealing provision made by or under an enactment).
(7) The compliance of each public authority to which this section applies with the requirements of this section shall be subject to inspection and appraisal in accordance with regulations to be made by the Secretary of State.
(8) The power conferred by subsection (7) on the Secretary of State is exercisable only after consultation with the Commission for Racial Equality and such other bodies or persons as the Secretary of State may consider appropriate in the particular case.
(9) If it appears to the Commission for Racial Equality that a public authority to which this section applies has failed to take appropriate steps to comply with this section, the Commission may apply to a designated county court or sheriff court for an order requiring it to take such steps; and the court, if satisfied that the application is well-founded, may grant the order in the terms applied for or in more limited terms.".'.
