Amendments proposed to the Race Relations (Amendment) Bill [Lords] - continued	House of Commons
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Positive duty

   

Mr Simon Hughes
Sir Robert Smith

NC2

*To move the following Clause:—

    '—(1) For section 71 of the 1976 Act (local authorities: general statutory duty) there is substituted—

    "71.—(1) Without prejudice to its obligations under any other section of this Act, every public authority shall carry out its functions with due regard to the need-

(a) to avoid unlawful racial discrimination; and

(b) to promote equality of opportunity and good relations between persons of different racial groups.

(2)(a) Every public authority specified in Schedule A2 shall publish a racial equality scheme showing how it proposes to fulfil the duties imposed by subsection (1).

(b) A racial equality scheme that is published under sub-paragraph (2)(a) shall conform to the requirements specified in Schedule A3.

(c) A public authority to which sub-paragraph (2)(a) applies shall collect and publish such information as is appropriate and necessary to facilitate the performance of the authority of its duty under subsection (1).

(d) After each financial year a public authority to which sub-paragraph (2)(a) applies shall publish a report containing-

    (i) a statement of the measures taken in compliance with its duties under this section;

    (ii) an assessment of how effective those arrangements were in promoting racial equality;

    (iii) a statement of further or alternative measure proposed for the next financial year.

    (3) The Secretary of State may by order impose such requirements on such public authorities as are not specified in Schedule A2 as he considers appropriate for the purpose of ensuring a better performance of their duties imposed by subsection (1).

    (4) Before making any such order, the Secretary of State shall consult the Commission and such other bodies, as he considers appropriate.

    (5) The Commission may issue codes of practice containing such practical guidance as the Commission think fit for the implementation by public authorities of the duties in this section.

    (6) Any code of practice issued under subsection (5) shall be taken into account by the Commission in relation to the exercise of its powers under new clause (Compliance Notice) below, and if provision of such a code appears to a court to be relevant to any question which it is asked to consider under that section it shall be taken into account in determining that question.

    (2) Schedule (Public authorities required to publish a racial equality scheme) (which inserts Schedule A2 into the 1976 Act) is to have effect.

    (3) Schedule (Racial equality schemes) (which inserts Schedule A3 into the 1976 Act) is to have effect.".'.

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Compliance Notice

   

Mr Simon Hughes
Sir Robert Smith

NC3

*To move the following Clause:—

    '(1) If it appears to the Commission that a public authority has failed to take appropriate steps to comply with all or any of its duties under this section the Commission may in the proscribed manner serve on the authority a notice in the proscribed form ("a compliance notice").

    (2) A compliance notice in subsection 1 above shall state—

(a) the nature of the alleged non-compliance;

(b) the evidence that is required to demonstrate adequate level of compliance;

(c) the time by which such evidence should be produced to the Commission.

    (3) The Commission shall not serve a compliance notice in respect of any public authority unless they have first—

(a) given the authority notice that they are minded to issue a non-compliance notice, the proposed terms of such notice and the grounds for the Commissions' belief that the authority has not complied with its duty under this section;

(b) offered the authority an opportunity of making oral or written representations on this matter, and

(c) taken account of the authority's representations.

    (4) If, following service of a compliance notice and after expiry of the time specified in the notice, the public authority has failed to provide the evidence specified in the notice the Commission may apply to a designated county court or sheriff court for an order requiring the authority to comply with the notice; and the court, if satisfied that the application is well founded, may make the order in the terms applied for or in more limited terms.

    (5) Not later than 6 weeks after compliance notice is served on a public authority the authority may appeal against any requirement of the notice to a designated county or a sheriff court.

    (6) Where the court considers a requirement in respect of which an appeal is brought under subsection (5) to be unreasonable for any reason, the court shall quash the requirement.

    (7) On quashing a requirement under subsection (17) the court may direct that the compliance notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.

    (8) Section (5) does not apply to a requirement as included in a compliance notice by virtue of a direction under subsection (7).

    (9) For the purposes of this section.

    "Racial equality" means equality of opportunity irrespective of membership or perceived membership of any racial group;

    "Functions" include but are not limited to the powers and duties of a public authority, the conduct of its business, and the employment of staff.'.

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Parliamentary Procedure—Compatibility

   

Mr Simon Hughes
Sir Robert Smith

NC4

*To move the following Clause:—

    '(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill—

(a) make a statement to the effect that in his view the provisions of the Bill are compatible with the Race Relations Act 1976 as amended ("a statement of compatibility"); or

(b) make a statement to the effect that although he is unable to make a statement of compatibility the Government nevertheless wishes the House to proceed with the Bill.

    (2) The statement must be in writing and published in such a manner as the Minister making it considers appropriate.'.

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Enforcement

   

Mr Simon Hughes
Sir Robert Smith

NC5

*To move the following Clause:—

    'After section 57(1) of the 1976 Act (Enforcement of Part III of that Act) there is inserted—

    "(1A) Subsection (1) does not apply to an alleged act of discrimination that consists solely of a decision not to institute criminal proceedings.".'.

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CRE powers to assist complainants under the Human Rights Act 1998

   

Mr Simon Hughes
Sir Robert Smith

NC6

*To move the following Clause:—

    '.—(1) Section 66 of the Race Relations Act 1976 (Assistance by the Commission) is amended as follows:

    (2) After subsection 66(1) there is added—

    "(1A) Subsection (1) shall also apply to proceedings or prospective proceedings under the Human Rights Act 1998 in which the complaint or claim includes or will include discrimination on racial grounds by a public authority.".'.

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NEW SCHEDULES

   

Mr Simon Hughes
Sir Robert Smith

NS1

*To move the following Schedule:—

'Public authorities required to publish a racial equality scheme

    The following Schedule shall be inserted into the 1976 Act after Schedule A1 and before Schedule 1-

"Schedule A2

Public authorities required to public a racial equality scheme

    1.-(1) a government department,

    (2) a local authority within the meaning of the Local Government Act 1972, a council constituted under the Local Government (Scotland) Act 1973, the Greater London Authority, the Common Council of the City of London,

    (3) the Scottish Administration within the meaning of the Scotland Act 1998,

    (4) the National Assembly for Wales and an Assembly subsidiary (as defined by section 99(4) of the Government of Wales Act 1998),

    (5) a police authority,

    (6) a health authority or health board,

    (7) a NHS trust,

    (8) a primary care trust,

    (9) local eduation authorities in England and Wales,

    (10) an Education authority in Scotland.".'.

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Mr Simon Hughes
Sir Robert Smith

NS2

*To move the following Schedule:—

'Racial Equality Schemes

    The following Schedule shall be inserted into the 1976 Act after Schedule A2 and before Schedule 1—

"Schedule A3

Racial Equality Schemes

    1.-(1) A scheme published in accordance with section 71(2)(a) shall state, in particular, the authority's arrangements—

(a) for assessing its compliance with the duties under this section and for consulting on matters to which a duty under this section is likely to be relevant;

(b) for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;

(c) for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity.

    (2) In assessing the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity, a public authority to which section 71(7) applies will consider:-

(a) the aims of the policy;

(b) measures capable of mitigating any adverse impact on the promotion of racial equality;

(c) alternative policies which might better achieve the promotion of racial equality.

    (3) A scheme shall-

(a) specify a timetable for measures proposed in the scheme; and

(b) include details of how it will be published.".'.

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Prepared 7 Apr 2000