Equality Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 1 — The Commission for Equality and Human Rights
1

A
Bill
To
Make provision for the establishment of the Commission for Equality and
Human Rights; to dissolve the Equal Opportunities Commission, the
Commission for Racial Equality and the Disability Rights Commission; to
make provision about discrimination on grounds of religion or belief; to
impose duties relating to sex discrimination on persons performing public
functions; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Commission for Equality and Human Rights
The Commission
1
Establishment
There shall be a body corporate known as the Commission for Equality and
5
Human Rights.
2
Constitution, &c.
Schedule 1 (constitution of the Commission, proceedings, money, &c.) shall
have effect.
3
Fundamental duty
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The Commission shall exercise its functions under this Part with a view to the
creation of a society in which—
(a)
people’s ability to achieve their potential is not limited by prejudice or
discrimination,
(b)
there is respect for and protection of each individual’s human rights,
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Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(c)
there is respect for the dignity and worth of each individual,
(d)
each individual has an equal opportunity to participate in society, and
(e)
there is mutual respect between communities based on understanding
and valuing of diversity and on shared respect for equality and human
rights.
5
4
Strategic plan
(1)
The Commission shall prepare a plan showing—
(a)
activities or classes of activity to be undertaken by the Commission in
pursuance of its functions under this Act,
(b)
an expected timetable for each activity or class, and
10
(c)
priorities for different activities or classes, or principles to be applied in
determining priorities.
(2)
The Commission shall review the plan—
(a)
at least once during the period of three years beginning with its
completion,
15
(b)
at least once during each period of three years beginning with the
completion of a review, and
(c)
at such other times as the Commission thinks appropriate.
(3)
If the Commission thinks it appropriate as a result of a review, the Commission
shall revise the plan.
20
(4)
The Commission shall publish the plan and each revision.
5
Strategic plan: consultation
Before preparing or reviewing a plan in accordance with section 4 the
Commission shall—
(a)
consult such persons having knowledge or experience relevant to the
25
Commission’s functions as the Commission thinks appropriate,
(b)
consult such other persons as the Commission thinks appropriate,
(c)
issue a general invitation to make representations, in a manner likely in
the Commission’s opinion to bring the invitation to the attention of as
large a class of persons who may to wish to make representations as is
30
reasonably practicable, and
(d)
take account of any representations made.
6
Disclosure
(1)
A person who is or was a Commissioner, an Investigating Commissioner, an
employee of the Commission or a member of a committee established by the
35
Commission commits an offence if he discloses information to which this
section applies unless subsection (3) authorises the disclosure.
(2)
This section applies to information acquired by the Commission—
(a)
by way of representations made in relation to, or otherwise in the
course of, an inquiry under section 17,
40
(b)
by way of representations made in relation to, or otherwise in the
course of, an investigation under section 22, or

Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(c)
from a person with whom the Commission enters into, or considers
entering into, an agreement under section 25.
(3)
This subsection authorises a disclosure made—
(a)
for the purpose of the exercise of a function of the Commission under
any of sections 17, 22, 23 and 26,
5
(b)
in a report of an investigation published by the Commission,
(c)
in pursuance of an order of a court or tribunal,
(d)
with the consent of each person to whom the disclosed information
relates,
(e)
in a manner that ensures that no person to whom the disclosed
10
information relates can be identified, or
(f)
for the purpose of civil or criminal proceedings to which the
Commission is party.
(4)
A person guilty of an offence under subsection (1) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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7
Scotland: human rights
(1)
The Commission shall not take action under, by virtue of or in pursuance of
any of the provisions listed in subsection (2) if the action would—
(a)
be taken in pursuance of section 9(1), and
(b)
concern a matter in respect of which the Scottish Parliament has
20
legislative competence.
(2)
The provisions mentioned in subsection (1) are—
(a)
section 12(1) in so far as it relates to the Human Rights Act 1998 (c. 42),
(b)
section 12(2)(c) or (d),
(c)
section 13,
25
(d)
section 14,
(e)
section 17,
(f)
section 18, and
(g)
section 32.
(3)
Despite section 9(4), the Commission shall not, in the course of fulfilling a duty
30
under section 8, 10 or 11 in respect of a matter relating wholly or partly to
Scotland, consider whether a person’s human rights have been contravened.
(4)
Subsections (1) and (3) shall not prevent the Commission from taking action
with the consent (whether general or specific) of a body if—
(a)
the body is established by Act of the Scottish Parliament, and
35
(b)
the body’s principal duties relate to human rights and are similar to any
of the Commission’s duties under section 9.
(5)
Subsections (1) and (3) shall not prevent the Commission from relying on
section 14(1)(f) so as to act jointly or cooperate (but not assist) for a purpose
relating to human rights and connected with Scotland.
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Equality Bill
Part 1 — The Commission for Equality and Human Rights
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Duties
8
Equality and diversity
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of equality and diversity,
(b)
encourage good practice in relation to equality and diversity,
5
(c)
promote equality of opportunity,
(d)
promote awareness and understanding of rights under the equality
enactments,
(e)
enforce the equality enactments,
(f)
work towards the elimination of unlawful discrimination, and
10
(g)
work towards the elimination of unlawful harassment.
(2)
In subsection (1)—
“diversity” means the fact that individuals are different,
“equality” means equality between individuals, and
“unlawful” is to be construed in accordance with section 36.
15
9
Human rights
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of human rights,
(b)
encourage good practice in relation to human rights,
(c)
promote awareness, understanding and protection of human rights,
20
and
(d)
encourage public authorities to comply with section 6 of the Human
Rights Act 1998 (c. 42) (prohibition of action incompatible with
Convention rights).
(2)
In this Part “human rights” means—
25
(a)
the Convention rights within the meaning given by section 1 of the
Human Rights Act 1998, and
(b)
other human rights.
(3)
Despite subsection (2)(b), the Commission may not take action in relation to
non-Convention rights unless satisfied that it has taken or is taking all
30
appropriate action in relation to the Convention rights.
(4)
In fulfilling a duty under section 8, 10 or 11 the Commission shall take account
of any relevant human rights (and this subsection is not affected by subsection
(3) above).
(5)
A reference in this Part (including this section) to human rights does not
35
exclude any matter by reason only of its being a matter to which section 8, 10
or 11 relates.
10
Disability
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of the fair treatment of
40
disabled persons,
(b)
encourage good practice in the treatment of disabled persons,

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Part 1 — The Commission for Equality and Human Rights
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(c)
work towards the elimination of prejudice against, hatred of and
hostility towards disabled persons, and
(d)
work towards the elimination of the involuntary isolation of disabled
persons.
(2)
In this Part “disabled person” means a person who—
5
(a)
is a disabled person within the meaning of the Disability
Discrimination Act 1995 (c. 50), or
(b)
has been a disabled person within that meaning (whether or not at a
time when that Act had effect).
(3)
This section is without prejudice to the generality of section 8.
10
11
Communities
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of good relations—
(i)
between different communities, and
(ii)
between communities and others,
15
(b)
encourage good practice in relation to relations—
(i)
between different communities, and
(ii)
between communities and others,
(c)
work towards the elimination of prejudice against, hatred of and
hostility towards communities, and
20
(d)
work towards the elimination of the involuntary isolation of
communities.
(2)
In this Part “community” means a group or class of persons (irrespective of
whether they regard themselves as a community) who share a common
attribute in respect of any of the following matters—
25
(a)
age,
(b)
gender,
(c)
proposed, commenced or completed reassignment of gender (within
the meaning given by section 82(1) of the Sex Discrimination Act 1975
(c. 65)),
30
(d)
race,
(e)
religion or belief, and
(f)
sexual orientation.
(3)
For the purposes of this Part a reference to a community (as defined in
subsection (2)) includes a reference to a sub-group or sub-class, within a
35
community, of persons who share a common attribute (in addition to the
attribute by reference to which the community is defined) in respect of any of
the matters specified in subsection (2)(a) to (f).
(4)
In determining what action to take in pursuance of this section the Commission
shall have particular regard to the importance of exercising the powers
40
conferred by this Part in relation to communities defined by reference to race,
religion or belief.
(5)
The Secretary of State may by order amend the list in subsection (2) so as to—
(a)
add an entry, or
(b)
vary an entry.
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(6)
This section is without prejudice to the generality of section 8.
12
Monitoring the law
(1)
The Commission shall monitor the effectiveness of the equality and human
rights enactments.
(2)
The Commission may—
5
(a)
advise central government about the effectiveness of any of the equality
and human rights enactments;
(b)
recommend to central government the amendment, repeal,
consolidation (with or without amendments) or replication (with or
without amendments) of any of the equality and human rights
10
enactments;
(c)
advise central or devolved government about the effect of an enactment
(including an enactment in or under an Act of the Scottish Parliament);
(d)
advise central or devolved government about the likely effect of a
proposed change of law.
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(3)
The Commission shall comply with a direction of the Secretary of State to
advise about—
(a)
the effect of an enactment (including an enactment in or under an Act
of the Scottish Parliament);
(b)
the likely effect of a proposed change of law.
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(4)
In this section—
(a)
“central government” means Her Majesty’s Government,
(b)
“devolved government” means—
(i)
the Scottish Ministers, and
(ii)
the National Assembly for Wales, and
25
(c)
a reference to the equality enactments shall be treated as including a
reference to any provision of this Act.
13
Monitoring progress
(1)
The Commission shall from time to time identify—
(a)
changes in society that have occurred or are expected to occur and are
30
relevant to the aim specified in section 3,
(b)
results at which to aim for the purpose of creating the society described
in section 3 (“outcomes”), and
(c)
factors by reference to which progress towards those results may be
measured (“indicators”).
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(2)
In identifying outcomes and indicators the Commission shall—
(a)
consult such persons having knowledge or experience relevant to the
Commission’s functions as the Commission thinks appropriate,
(b)
consult such other persons as the Commission thinks appropriate,
(c)
issue a general invitation to make representations, in a manner likely in
40
the Commission’s opinion to bring the invitation to the attention of as
large a class of persons who may to wish to make representations as is
reasonably practicable, and
(d)
take account of any representations made.

Equality Bill
Part 1 — The Commission for Equality and Human Rights
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(3)
The Commission shall from time to time monitor progress towards each
identified outcome by reference to any relevant identified indicator.
(4)
The Commission shall publish a report on progress towards the identified
outcomes by reference to the identified indicators—
(a)
within the period of three years beginning with the date on which this
5
section comes into force, and
(b)
within each period of three years beginning with the date on which a
report is published under this subsection.
(5)
The Commission shall send each report to the Secretary of State, who shall lay
a copy before Parliament.
10
General powers
14
Information, advice, &c.
(1)
In pursuance of its duties under sections 8 to 11 the Commission may—
(a)
publish or otherwise disseminate ideas or information;
(b)
undertake research;
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(c)
provide education or training;
(d)
give advice or guidance (whether about the effect or operation of an
enactment or otherwise);
(e)
arrange for a person to do anything within paragraphs (a) to (d);
(f)
act jointly with, co-operate with or assist a person doing anything
20
within paragraphs (a) to (d).
(2)
The reference to giving advice in subsection (1)(d) does not include a reference
to preparing, or assisting in the preparation of, a document to be used for the
purpose of legal proceedings.
15
Codes of practice
25
(1)
The Commission may issue a code of practice in connection with a matter
addressed by any of the following—
(a)
the Equal Pay Act 1970 (c. 41),
(b)
Parts 2 to 4 and section 76A of the Sex Discrimination Act 1975 (c. 65) or
an order under section 76B of that Act,
30
(c)
Parts 2 to 4 and section 71 of the Race Relations Act 1976 (c. 74),
(d)
Parts 2 to 4 and 5A of the Disability Discrimination Act 1995 (c. 50)
except for sections 28D and 28E (accessibility in schools),
(e)
Part 2 of this Act,
(f)
Parts 2 and 3 of the Employment Equality (Sexual Orientation)
35
Regulations 2003, and
(g)
Parts 2 and 3 of the Employment Equality (Religion or Belief)
Regulations 2003.
(2)
A code shall contain provision designed—
(a)
to ensure or facilitate compliance with a provision or enactment listed
40
in subsection (1), or
(b)
to promote equality of opportunity.