S.C.D.

Amendment Paper as at
Tuesday 18th April 2000

STANDING COMMITTEE D

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RACE RELATIONS (AMENDMENT) BILL [LORDS]

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [11th April], as follows:

Clause 1, Schedule 1, Clauses 2 to 8, Schedules 2 and 3, Clause 9, new Clauses, new Schedules.

   

Mr Mike O'Brien

28

Clause     1,     page     3,     leave out lines 11 to 14 and insert—

'Exceptions from section 19B for decisions not to prosecute etc.

19D. Section 19B does not apply to— (a) a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made; (b) where criminal proceedings are not continued as a result of a decision not to continue them, the decision and, where such a decision has been made—     (i) any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and     (ii) any act done for the purpose of securing that the proceedings are not continued.".'.

   

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—

    '(2) 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.".'.

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Mr David Lidington

33

Schedule     1,     page     10,     line     15,     at end insert—

    '(3) In sub-paragraph (1), the term "government department" includes non-departmental public bodies and executive agencies.'.

   

Mr David Lidington

31

Schedule     1,     page     10,     line     37,     at end insert—

    '(3) Sub-paragraph (1) does not include any unit or part of a unit which is for the time being on active service.'.

   

Mr Simon Hughes
Sir Robert Smith

15

Schedule     1,     page     12,     line     29,     at end insert—

    '42A. The Queen's Household,'.

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Mr Simon Hughes
Sir Robert Smith

22

Clause     2,     page     3,     line     20,     after '(2)', insert 'and (4A)'.

   

Mr Mike O'Brien

34

Clause     2,     page     3,     line     28,     at end insert—

    '( ) Subsection (4) also applies to—

(a) any recommendation made by a Minister of the Crown or government department in relation to the conferment by the Crown of a dignity or honour; and

(b) any approval given or refused by such a Minister or department in relation to any such conferment.'.

   

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 terms or conditions 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 Mike O'Brien

29

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

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Mr Simon Hughes
Sir Robert Smith

51

Clause     3,     page     4,     line     26,     after 'done', insert 'or omitted'.

   

Mr Simon Hughes
Sir Robert Smith

52

Clause     3,     page     4,     line     27,     leave out ', or purported performance,'.

   

Mr David Lidington

35

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

36

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

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Mr Mike O'Brien

37

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

    '(4C) Subsection (4D) applies where a party to proceedings under subsection (1) which have arisen by virtue of section 19B has applied for a stay or sist of those proceedings on the grounds of prejudice to—
(a) particular criminal proceedings;
(b) a criminal investigation; or
(c) a decision to institute criminal proceedings.

    (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

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

53

Clause     4,     page     6,     line     36,     leave out from '(1)' to end of line 39.

   

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 Mike O'Brien

38

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

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.'.

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Mr Mike O'Brien

39

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

    ' "(7) This section has effect subject to section 57A."

    ( ) 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 act 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." '.

Prepared 18 Apr 2000