Amendment Paper as at
Monday 30th October 2000

CONSIDERATION OF BILL

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RACE RELATIONS (AMENDMENT) BILL [LORDS], AS AMENDED

NEW CLAUSES

Penalty for offences under Part III of the Public Order Act 1986

   

Mr Harry Cohen

NC1

To move the following Clause:

    '. In subsection (3)(a) of section 27 of the Public Order Act 1986 (procedure and punishment), for "two years" substitute "five years".'.

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Fund for victims of offences under Part III of the Public Order Act 1986

   

Mr Harry Cohen

NC2

To move the following Clause:

    '. In section 27 of the Public Order Act 1986 there shall be added—

    "(4) Any payment made in full or partial settlement of a fine imposed by subsection (3) above shall be paid into a fund for the benefit of victims of offences under this Part.

    (5) A judge, when finding a person guilty of an offence under this Part—

(a) may direct that a payment be made to one or more victims of the crime committed by that person, and
(b) may direct that goods belonging to the person who committed the crime be seized and sold at their market value.

    (6) Any payment under subsection (5)(a) above shall be drawn from the fund established under subsection (4) above.

    (7) Any proceeds from a sale under subsection (5)(b) above shall be paid into the fund established under subsection (4) above.".'

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Assisting cases under the Human Rights Act 1998 involving complaint of racial discrimination

   

Mr Simon Hughes
Jackie Ballard
Mr John Burnett
Bob Russell

NC3

To move the following Clause:—

    'After section 66(1) of the Race Relations Act 1976 (Assistance by Commission) there is inserted—

    "(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 is proposed to include discrimination on racial grounds by a public authority.

    (1B) For the purposes of subsection (1A) a public authority shall have the same meaning as in section 19B of this Act.".'.

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Annual report on level of damages awarded

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

NC4

To move the following Clause:—

    'The Secretary of State shall lay before each House of Parliament an annual report on the level of damages awarded in cases brought by virtue of the amendments made to the 1976 Act by this Act.'.

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Secretary of State to lay annual report before Parliament on operation of 1976 Act as amended

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

NC5

To move the following Clause:—

    '. After section 76 of the 1976 Act there is inserted:

"Secretary of State to lay annual report before Parliament

76C. (1) The Secretary of State shall lay before each House of Parliament an annual report on the working of this Act.    (2) The report shall include an assessment of the effect of this Act on the operation of the police and other public authorities to which this Act applies, and an assessment of the impact or potential impact of any relevant European Union directives or draft directives which have been implemented or may in the future be implemented in United Kingdom legislation.".'.

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Mr Secretary Straw

2

Page     1,     line     9     [Clause     1],     leave out from 'a' to end of line 17 on page 2 and insert 'public authority in carrying out any functions of the authority to do any act which constitutes discrimination.

    (2) In this section "public authority"—

(a) includes any person certain of whose functions are functions of a public nature; but

(b) does not include any person mentioned in subsection (3).

    (3) The persons mentioned in this subsection are—

(a) either House of Parliament;

(b) a person exercising functions in connection with proceedings in Parliament;

(c) the Security Service;

(d) the Secret Intelligence Service;

(e) the Government Communications Headquarters; and

(f) any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

    (4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.

    (5) This section is subject to sections 19BA to 19E.

    (6) Nothing in this section makes unlawful any act of discrimination which—

(a) is made unlawful by virtue of any other provision of this Act; or

(b) would be so made but for any provision made by or under this Act.

Exceptions or further exceptions from section 19B for judicial and legislative acts etc.

19BA.—(1) Section 19B does not apply to— (a) any judicial act (whether done by a court, tribunal or other person); or (b) any act done on the instructions, or on behalf, of a person acting in a judicial capacity.     (2) Section 19B does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.     (3) Section 19B does not apply to any act of, or relating to, making or approving arrangements, or imposing requirements or conditions, of a kind falling within section 41.     (4) Section 19B does not apply to any act of, or relating to, imposing a requirement, or giving an express authorisation, of a kind mentioned in section 19C(3) in relation to the carrying out of immigration and nationality functions.     (5) In this section— "immigration and nationality functions" has the meaning given in section 19C; and "Minister of the Crown" includes the National Assembly for Wales and a member of the Scottish Executive.'.     Mr Harry Cohen 1 Page     2     [Clause     1],     leave out from beginning of line 18 to end of line 31 on page 3.     Mr Simon Hughes Jackie Ballard Mr John Burnett Bob Russell 54 Page     2,     line     38     [Clause     1],     after '(5)', insert 'in connection with the granting or refusal of— (a) pre-entry clearance to enter the United Kingdom; (b) leave to enter the United Kingdom; (c) leave to remain in the United Kingdom; (d) a condition or conditions of leave to enter or remain in the United Kingdom; or (e) citizenship of the United Kingdom.'.     Mr Secretary Straw 3 Page     2,     line     41     [Clause     1],     after '1999' insert 'but excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to offences under Part III of that Act'.     Mr Secretary Straw 4 Page     3     [Clause     1],     leave out lines 46 and 47.     Mr Secretary Straw 5 Page     4,     line     5     [Clause     2],     leave out from beginning to 'due' in line 6 and insert ', in carrying out its functions, have'.     Mr Secretary Straw 6 Page     4,     line     19     [Clause     2],     at end insert— '(b) may make different provision for different purposes.'.     Mr Secretary Straw 7 Page     4,     line     25     [Clause     2],     leave out 'which' and insert 'who'.     Mr Secretary Straw 8 Page     4,     line     27     [Clause     2],     after 'subsection' insert '(2) or'.     Mr Secretary Straw 9 Page     4,     line     46     [Clause     2],     leave out 'section 74 so far as it applies' and insert 'sections 71(6) and 74 so far as they apply'.     Mr Secretary Straw 10 Page     5,     line     3     [Clause     2],     leave out 'which' and insert 'who'.     Mr Secretary Straw 11 Page     8,     line     3     [Clause     3],     leave out 'or refused'.     Mr Secretary Straw 12 Page     8,     line     7     [Clause     3],     leave out first 'the' and insert 'a'.     Mr Secretary Straw 13 Page     8,     line     9     [Clause     3],     leave out 'or refused'.     Mr Secretary Straw 14 Page     8,     line     11     [Clause     3],     leave out from 'giving' to end of line 18 and insert 'the approval, and in making the arrangements for determining who should be recommended or approved, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the recommendation or approval were an offer of employment and the Crown were the employer for the purposes of this Act.     (6) Subsections (3) to (5) do not apply in relation to the making of negative recommendations.     (6A) Subsection (6C) applies to— (a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to an appointment to an office or post where section 4 does not apply in relation to the appointment, and (b) any approval refused by such a Minister or department in relation to any such appointment.     (6B) Subsection (6C) also applies to— (a) any negative recommendation made by a Minister of the Crown or government department, or any refusal to make a recommendation by such a Minister or department, in relation to a conferment by the Crown of a dignity or honour; and (b) any approval refused by such a Minister or department in relation to any such conferment.     (6C) In making a negative recommendation or in refusing to make a recommendation or give an approval, and in making the arrangements for determining whether to make such a recommendation or refusal, the Minister of the Crown or government department shall not do an act which would be unlawful under section 4 if the recommendation or refusal were a refusal to offer the person concerned employment and the Crown were the employer for the purposes of this Act.     (6D) Subsection (6E) applies in relation to any appointment to an office or post where section 4 does not apply and— (a) the appointment is made by a Minister of the Crown or government department, or (b) the office or post is an office or post in relation to which a Minister of the Crown or government department has made a recommendation (other than a negative recommendation) or given an approval.     (6E) A Minister of the Crown or government department shall not do an act in connection with— (a) the terms of the appointment; (b) access for the person appointed to opportunities for promotion, transfer or training, or to any other benefits, facilities or services; or (c) the termination of the appointment, or subjecting the person appointed to any other detriment;     which would be unlawful under section 4 if the Crown were the employer for the purposes of this Act.'.

Prepared 30 Oct 2000