Vote Bundle Text (900413-02)

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

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Mr Mike O'Brien

Clause 2, page 4, line 3, after 'and' insert 'any part of'.

Mr David Lidington

Clause 3, page 5, line 11, at end insert—

'(7) It shall be a defence in any proceedings under this Act for a chief officer of police to prove that an alleged act of discrimination occurred as a result of, or in pursuance of, any policing objective set by the Secretary of State under section 37 of the Police Act 1996.'.

Mr Mike O'Brien

*Clause 3, page 5, line 30, after second 'officer' insert 'or other person'.

Mr Mike O'Brien

*Clause 4, page 6, leave out lines 26 to 45 and insert—

(a) particular criminal proceedings;

(b) a criminal investigation; or

(4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged." '.

Mr Simon Hughes
Sir Robert Smith

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

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 Mike O'Brien

*Clause 4, page 7, line 8, at end insert 'or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings'.

Mr Simon Hughes
Sir Robert Smith

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 Mike O'Brien

*Clause 5, page 7, leave out lines 16 to 29 and insert—

( ) After section 57 of that Act there is inserted—

"Claims under section 19B in immigration cases. 57A.—(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if—

(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or Part IV of the 1999 Act; or
(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section.
    (2) For the purposes of this section an immigration claim is a claim that a person—

(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant.
    (3) Where it has been decided in relevant immigration proceedings that an to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.
    (4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.
    (5) In this section—

"the Immigration Acts" has the same meaning as in the 1999 Act;

"immigration appellate body" means an adjudicator appointed for the purposes of the 1999 Act, the Immigration Appeal Tribunal, the Special Immigration Appeals Commission, the Court of Appeal, the Court of Session or the House of Lords;

"immigration authority" means an authority within the meaning of section 65 of the 1999 Act (human rights and racial discrimination cases);

"immigration claim" has the meaning given by subsection (2) above;

"pending" has the same meaning as in the 1997 Act or, as the case may be, Part IV of the 1999 Act;

"relevant act of discrimination" means an act of discrimination done by an immigration authority in taking any relevant decision;

"relevant decision" means—

    (a) in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and

    (b) in relation to an immigration appellate body, any decision on an appeal under the 1997 Act or Part IV of the 1999 Act in relation to a decision falling within paragraph (a);

"relevant immigration proceedings" means proceedings on an appeal under the 1997 Act or Part IV of the 1999 Act;

"the 1997 Act" means the Special Immigration Appeals Commission Act 1997;

"the 1999 Act" means the Immigration and Asylum Act 1999,
    and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded." '.

Mr Simon Hughes
Sir Robert Smith

Schedule 2, page 13, line 8, at end insert—

' "1A. In section 47(1) after (d) add—

positive duty

Mr Simon Hughes
Sir Robert Smith

Schedule 2, page 13, line 8, at end insert—

'1B. In section 47 add—

"(3B) In the course of preparing any draft code of practice 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.".'.

Mr Mike O'Brien

*Schedule 2, page 13, line 10, leave out 'section 65' and insert 'the Special Immigration Appeals Commission Act 1997 or Part IV'.

Mr Mike O'Brien

*Schedule 2, page 13, line 15, at end insert—

'. After section 65(6) of that Act (help for aggrieved persons in obtaining information etc.), there is added—

(a) the Special Immigration Appeals Commission Act 1997; or

(b) Part IV of the Immigration and Asylum Act 1999." '.

Mr Mike O'Brien

*Schedule 2, page 13, line 15, at end insert—

'. In section 68(2) of that Act (period within which proceedings to be brought), at the beginning there is inserted "Subject to subsection (2A)".

. After section 68(2) of that Act, there is inserted—

Mr Mike O'Brien

*Schedule 2, page 13, line 15, at end insert—

'. In section 69(2) of that Act (evidence), after "Act" there is inserted "or any enactment mentioned in section 19C(5)".'.

Mr Mike O'Brien

*Schedule 2, page 13, line 34, at end insert—

'Special Immigration Appeals Commission Act 1997 (c.68)

. In section 2A(1) of the Special Immigration Appeals Commission Act 1997 (jurisdiction: human rights), after "appealable decision," there is inserted "racially discriminated against him or".

. In section 2A(2) of that Act, after "this section," there is inserted "—

(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the Race Relations Act 1976; and

(b)".

. In section 2A(3) of that Act, after "the proceedings," there is inserted "racially discriminated against the appellant or".

. In section 2A(5) of that Act—

(a) after "concerned" there is inserted "—

"(a) racially discriminated against the appellant; or

(b)"; and

(b) for "that ground" there is substituted "the ground in question".

. In the side note to section 2A of that Act, after "Jurisdiction:" there is inserted "racial discrimination and".'.