Vote Bundle Text (900418-02)

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

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Mr Simon Hughes
Sir Robert Smith

Page 8, line 1, leave out Clause 7.

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".'.

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.".'.