Vote Bundle Text (900413-03)

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

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Mr Mike O'Brien

*Schedule 2, page 13, line 38, leave out 'him' and insert 'the appellant'.

Mr Mike O'Brien

*Schedule 2, page 13, line 45, at end insert—

'. In section 72(2)(a) of that Act (miscellaneous limitations on rights of appeal), after "rights" there is inserted "or racially discriminated against him".'.

Mr Mike O'Brien

*Schedule 2, page 13, line 45, at end insert—

'. In section 73(2) of that Act (limitation on further appeals), after "a claim that" there is inserted "in taking a decision, a decision-maker racially discriminated against the appellant or that".

. In section 74(7) of that Act (duty to disclose grounds for appeal etc.), after paragraph (a) there is inserted—

"(aa) if he claims that he was racially discriminated against, include notice of that claim;".

. In section 76(3)(a) of that Act (result of failure to give statement of additional grounds for appeal), for "breached the applicant's" there is substituted "racially discriminated against the applicant or breached his".'.

Mr Mike O'Brien

*Schedule 2, page 13, line 45, at end insert—

'. In Schedule 4 to that Act (appeals), after paragraph 9 there is inserted—

"Racial discrimination

(2) If, on an appeal to which this paragraph applies, the adjudicator agrees that the claim is one to which this paragraph applies, paragraph 22 does not confer on the appellant any right to appeal to the Immigration Appeal Tribunal." '.

Mr Mike O'Brien

*Clause 9, page 9, line 10, after 'such' insert 'transitory,'.

Mr Mike O'Brien

*Clause 9, page 9, line 11, at end insert—

'( ) Transitory provision made in exercise of the power conferred by subsection (3)(b) may, in particular, include provision made in consequence of any provision of any other Act passed before, or in the same session as, this Act not having come into force.'.

Mr Mike O'Brien

Clause 9, page 9, line 14, leave out subsection (5).

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

(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.".'.

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—

(a) to avoid unlawful racial discrimination; and

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

(2) 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).

(3) A racial equality scheme that is published under subsection (2) shall conform to the requirements specified in Schedule A3.

(4) A public authority to which subsection (2) 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).

(5) After each financial year a public authority to which subsection (2) 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.

(6) 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).

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

(8) 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.

(9) Any code of practice issued under subsection (8) shall be taken into account by the Commission in relation to the exercise of its powers under 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.

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

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

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 section (Positive duty) the Commission may in the prescribed manner serve on the authority a notice in the prescribed 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;

(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

(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 (6) 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.'.