Equality Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 3 — Money
59

(2) in the sums payable out of money provided by Parliament under the
Superannuation Act 1972 (c. 11).
37    (1)
The Commission may, with the approval of the Secretary of State, pay sums
to or in respect of a member or former member of an advisory or decision-
making committee by way of or in respect of—
5
(a)
remuneration,
(b)
allowances, or
(c)
gratuities.
      (2)
This paragraph does not apply in relation to a person who is a member of
staff of the Commission.
10
      (3)
Approval for the purposes of sub-paragraph (1) may be general or specific.
Funding by Secretary of State
38
The Secretary of State shall pay to the Commission such sums as appear to the
Secretary of State appropriate for the purpose of enabling the Commission to perform
its functions.
15
Charging
39
The Commission may make a charge for a service provided under section 14
or 29.
Accounts
40    (1)
The Commission shall—
20
(a)
keep proper accounting records, and
(b)
prepare a statement of accounts in respect of each financial year in
such form as the Secretary of State may direct.
      (2)
The Commission shall send a copy of a statement under sub-paragraph
(1)(b) to—
25
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
      (3)
A copy of a statement must be sent under sub-paragraph (2) within such
period, beginning with the end of the financial year to which the statement
relates, as the Secretary of State may direct.
30
      (4)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on a statement received under this
paragraph, and
(b)
lay a copy of the statement and his report before Parliament.
      (5)
The Secretary of State may make a direction under sub-paragraph (1)(b) only
35
with the consent of the Treasury.
Financial year
41    (1)
The financial year of the Commission shall be the period of 12 months
ending with 31st March.
      (2)
But the first financial year of the Commission shall be the period—
40

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 4 — Status, &c.
60

(a)
beginning with the coming into force of section 1, and
(b)
ending with—
(i)
the following 31st March, if that section comes into force on
1st April, and
(ii)
the second following 31st March, in any other case.
5
Part 4
Status, &c.
Status
42    (1)
The Commission shall not—
(a)
be regarded as the servant or agent of the Crown, or
10
(b)
enjoy any status, immunity or privilege of the Crown.
      (2)
Service as Commissioner, Investigating Commissioner or employee of the
Commission is not employment in the civil service of the State.
Supervision
43
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
15
(departments, &c. subject to investigation) at the appropriate place insert—

“The Commission for Equality and Human Rights.”
Disqualifications
44    (1)
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies all members of which are disqualified) at the appropriate
20
place insert—

“The Commission for Equality and Human Rights.”
      (2)
In Part III of that Schedule (other disqualifying offices) at the appropriate
place insert—

“Investigating Commissioner of, or member of a decision-
25
making committee of, the Commission for Equality and
Human Rights.”
45    (1)
In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (bodies all members of which are disqualified) at the
appropriate place insert—
30

“The Commission for Equality and Human Rights.”
      (2)
In Part III of that Schedule (other disqualifying offices) at the appropriate
place insert—

“Investigating Commissioner of, or member of a decision-
making committee of, the Commission for Equality and
35
Human Rights.”
46
A Commissioner or Investigating Commissioner, and a member of a
decision-making committee of the Commission, shall be disqualified from
being a member of the National Assembly for Wales.

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee
61

Records
47
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
records) at the appropriate place in Part II of the Table at the end of
paragraph 3 insert—

“The Commission for Equality and Human Rights.”
5
Freedom of information
48
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public bodies) at the appropriate place insert—

“The Commission for Equality and Human Rights.”
Part 5
10
Disability Committee
Establishment
49    (1)
The Commission shall establish a decision-making committee to be known
as the Disability Committee.
      (2)
The Commission shall ensure that the Disability Committee is established
15
before sections 8 and 10 come into force.
Membership
50
The Commission shall ensure that—
(a)
there are not less than 7 or more than 9 members of the Disability
Committee,
20
(b)
at least one half of the members are (or have been) disabled persons,
and
(c)
the Chairman is (or has been) a disabled person.
51
The appointment of each member of the Disability Committee shall be for a
period of not less than two years or more than 5 years, subject to the
25
possibilities of—
(a)
reappointment,
(b)
dismissal in accordance with the terms of appointment, and
(c)
the lapsing of the appointment upon the dissolution of the
Committee.
30
Functions
52    (1)
The Commission shall by virtue of this paragraph be treated as having
delegated to the Disability Committee—
(a)
the Commission’s duty under section 8 in so far as it relates to
disability matters and may be fulfilled by the exercise of the powers
35
conferred by or referred to in—
(i)
section 14(1)(a), (c) or (d) (or paragraph (e) or (f) in so far as it
relates to paragraph (a), (c) or (d)),
(ii)
section 15,
(iii)
section 16,
40
(iv)
section 20,

Equality Bill
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee
62

(v)
section 29,
(vi)
section 30,
(vii)
section 32, or
(viii)
section 12,
(b)
the Commission’s duty under section 10 in so far as it may be
5
fulfilled by the exercise of those powers, and
(c)
those powers in so far as they are or may be exercised for the purpose
of disability matters.
      (2)
Delegation under this paragraph shall not prevent the exercise by the
Commission of a power, or the fulfilment by the Commission of a duty, by
10
action which relates partly to disability matters and partly to other matters.
      (3)
In this paragraph “disability matters” means—
(a)
matters provided for in Parts 1, 3, 4 and 5 of the Disability
Discrimination Act 1995 (c. 50), and
(b)
section 10 above.
15
53
Before exercising a power or fulfilling a duty wholly or partly in relation to
a matter affecting disabled persons (including, in particular, any matter
provided for in Part 2 of the Disability Discrimination Act 1995) the
Commission shall consult the Disability Committee.
54
The Disability Committee shall advise the Commission about the exercise of
20
the Commission’s functions in so far as they affect disabled persons
(including, in particular, in so far as they relate to any matter provided for
in Part 2 of the Disability Discrimination Act 1995).
Resources
55
In allocating its resources the Commission shall ensure that the Disability
25
Committee receives a share sufficient to enable it to exercise its functions.
Report
56    (1)
The Disability Committee shall for each financial year of the Commission
submit to the Commission a report on the Committee’s activities in that
year.
30
      (2)
The Commission shall incorporate each report of the Disability Committee
under sub-paragraph (1) into the relevant annual report of the Commission.
5-year review
57
The Commission shall arrange for a review of the activities of the Disability
Committee to be conducted as soon as is reasonably practicable after the end
35
of the period of five years beginning with the date on which sections 8 and
10 come into force.
58
The following may not participate in the review (although those conducting
the review may seek views from any of the following)—
(a)
a Commissioner or former Commissioner,
40
(b)
staff or former staff of the Commission,
(c)
a person who is or has been an Investigating Commissioner, and

Equality Bill
Schedule 2 — Inquiries, Investigations and Assessments
63

(d)
a person who is or has been a member of a committee established by
the Commission.
59
The Commission shall ensure—
(a)
that those conducting the review consult persons whom they think
likely to have an interest,
5
(b)
that those conducting the review submit a report to the Commission
which, in particular, recommends for how long the Disability
Committee should continue in existence, and
(c)
that the report is published.
60
As soon as is reasonably practicable after receiving a report under paragraph
10
59 the Commission shall recommend to the Secretary of State for how long
the Disability Committee should continue in existence.
61
As soon as is reasonably practicable after receiving a recommendation under
paragraph 60 the Secretary of State shall by order—
(a)
dissolve the Disability Committee with effect from such time as shall
15
be specified in the order, and
(b)
repeal this Part of this Schedule with effect from that time.
62
An order under paragraph 61 may include provision about—
(a)
the conduct of the business of the Disability Committee before its
dissolution;
20
(b)
the conduct of the Commission after the dissolution of the Disability
Committee in relation to functions formerly delegated to that
committee.
63
The dissolution of the Disability Committee is without prejudice to any
power of the Commission under this Schedule—
25
(a)
to establish a committee, or
(b)
to delegate to a committee.
64
The Disability Committee may not be dissolved under paragraph 14(c).
Schedule 2
Sections 17 and 22

Inquiries, Investigations and Assessments
30
Introduction
1
This Schedule applies to—
(a)
inquiries under section 17,
(b)
investigations under section 22, and
(c)
assessments under section 33.
35
Terms of reference
2
Before conducting an inquiry the Commission shall—
(a)
publish the terms of reference of the inquiry in a manner that the
Commission thinks is likely to bring the inquiry to the attention of
persons whom it concerns or who are likely to be interested in it, and
40

Equality Bill
Schedule 2 — Inquiries, Investigations and Assessments
64

(b)
in particular, give notice of the terms of reference to any persons
specified in them.
3
Before conducting an investigation the Commission shall—
(a)
prepare terms of reference specifying the person to be investigated
and the nature of the unlawful act which the Commission suspects,
5
(b)
give the person to be investigated notice of the proposed terms of
reference,
(c)
give the person to be investigated an opportunity to make
representations about the proposed terms of reference,
(d)
consider any representations made, and
10
(e)
publish the terms of reference once settled.
4
Before conducting an assessment of a person’s compliance with a duty the
Commission shall—
(a)
prepare terms of reference,
(b)
give the person notice of the proposed terms of reference,
15
(c)
give the person an opportunity to make representations about the
proposed terms of reference,
(d)
consider any representations made, and
(e)
publish the terms of reference once settled.
5
Paragraphs 2 to 4 shall apply in relation to revised terms of reference as they
20
apply in relation to original terms of reference.
6
Where the Secretary of State directs the holding of an inquiry, investigation
or assessment—
(a)
he shall, after consulting the Commission, prepare the terms of
reference, and
25
(b)
paragraph 3(a) to (d) or 4(a) to (d) shall apply to the Secretary of State
and not to the Commission.
Representations
7     (1)
The Commission shall make arrangements for giving persons an
opportunity to make representations in relation to inquiries, investigations
30
and assessments.
      (2)
In particular, in the course of an investigation, inquiry or assessment the
Commission must give any person specified in the terms of reference an
opportunity to make representations.
8
Arrangements under paragraph 6 may (but need not) include arrangements
35
for oral representations.
9     (1)
The Commission shall consider representations made in relation to an
inquiry, investigation or assessment.
      (2)
But the Commission may, where they think it appropriate, refuse to consider
representations—
40
(a)
made neither by nor on behalf of a person specified in the terms of
reference, or
(b)
made on behalf of a person specified in the terms of reference by a
person who is not a barrister, an advocate or a solicitor.

Equality Bill
Schedule 2 — Inquiries, Investigations and Assessments
65

      (3)
If the Commission refuse to consider representations in reliance on sub-
paragraph (2) they shall give the person who makes them written notice of
the Commission’s decision and the reasons for it.
Evidence
10
In the course of an inquiry, investigation or assessment the Commission may
5
give a notice under this paragraph to any person.
11    (1)
A notice given to a person under paragraph 10 may require him—
(a)
to provide information in his possession,
(b)
to produce documents in his possession, or
(c)
to give oral evidence.
10
      (2)
A notice under paragraph 10 may include provision about—
(a)
the form of information, documents or evidence;
(b)
timing.
      (3)
A notice under paragraph 10—
(a)
may not require a person to do anything that he could not be
15
compelled to do in proceedings before the High Court or the Court
of Session, and
(b)
may not require a person to attend at a place unless the Commission
undertakes to pay the expenses of his journey.
12
The recipient of a notice under paragraph 10 may apply to a county court (in
20
England and Wales) or to the sheriff (in Scotland) to have the notice
cancelled on the grounds that the requirement imposed by the notice is—
(a)
unnecessary having regard to the purpose of the inquiry,
investigation or assessment to which the notice relates,
(b)
undesirable for reasons of national security, or
25
(c)
otherwise unreasonable.
13    (1)
Sub-paragraph (2) applies where the Commission thinks that a person—
(a)
has failed without reasonable excuse to comply with a notice under
paragraph 10, or
(b)
is likely to fail without reasonable excuse to comply with a notice
30
under paragraph 10.
      (2)
The Commission may apply to a county court (in England and Wales) or to
the sheriff (in Scotland) for an order requiring a person to take such steps as
may be specified in the order to comply with the notice.
14    (1)
A person commits an offence if without reasonable excuse he—
35
(a)
fails to comply with a notice under paragraph 10 or an order under
paragraph 13(2),
(b)
falsifies anything provided or produced in accordance with a notice
under paragraph 10 or an order under paragraph 13(2), or
(c)
makes a false statement in giving oral evidence in accordance with a
40
notice under paragraph 10.
      (2)
A person who is guilty of an offence under this paragraph shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.