Equality Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
1

[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
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
enable provision to be made about discrimination on grounds of sexual
orientation; to impose duties relating to sex discrimination on persons
performing public functions; to amend the Disability Discrimination Act 1995;
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
General duty
10
The Commission shall exercise its functions under this Part with a view to
encouraging and supporting the development of a society in which—

Bill 85 54/1

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
2

(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,
(c)
there is respect for the dignity and worth of each individual,
(d)
each individual has an equal opportunity to participate in society, and
5
(e)
there is mutual respect between groups based on understanding and
valuing of diversity and on shared respect for equality and human
rights.
4
Strategic plan
(1)
The Commission shall prepare a plan showing—
10
(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
(c)
priorities for different activities or classes, or principles to be applied in
determining priorities.
15
(2)
The Commission shall review the plan—
(a)
at least once during the period of three years beginning with its
completion,
(b)
at least once during each period of three years beginning with the
completion of a review, and
20
(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.
(4)
The Commission shall send the plan and each revision to the Secretary of State,
who shall lay a copy before Parliament.
25
(5)
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
30
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
35
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
40
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—

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
3

(a)
by way of representations made in relation to, or otherwise in the
course of, an inquiry under section 16,
(b)
by way of representations made in relation to, or otherwise in the
course of, an investigation under section 20,
(c)
by way of representations made in relation to, or otherwise in the
5
course of, an assessment under section 31,
(d)
by way of representations made in relation to, or otherwise in
connection with, a notice under section 32, or
(e)
from a person with whom the Commission enters into, or considers
entering into, an agreement under section 23.
10
(3)
This subsection authorises a disclosure made—
(a)
for the purpose of the exercise of a function of the Commission under
any of sections 16, 20, 21, 24, 25, 31 and 32,
(b)
in a report of an inquiry, investigation or assessment published by the
Commission,
15
(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
information relates can be identified,
20
(f)
for the purpose of civil or criminal proceedings to which the
Commission is party, or
(g)
if the information was acquired by the Commission more than 70 years
before the date of the disclosure.
(4)
But subsection (3) does not authorise, nor may the Commission make, a
25
disclosure of information provided by or relating to an intelligence service
unless the service has authorised the disclosure.
(5)
In subsection (4) “intelligence service” means—
(a)
the Security Service,
(b)
the Secret Intelligence Service, and
30
(c)
the Government Communications Headquarters.
(6)
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.
7
Scotland: human rights
(1)
The Commission shall not take human rights action in relation to a matter if the
35
Scottish Parliament has legislative competence to enable a body to take action
of that kind in relation to that matter.
(2)
In subsection (1) “human rights action” means action taken—
(a)
in accordance with section 9(1), and
(b)
under, by virtue of or in pursuance of—
40
(i)
section 11(1) in so far as it relates to the Human Rights Act 1998
(c. 42),
(ii)
section 11(2)(c) or (d),
(iii)
section 12,
(iv)
section 13,
45
(v)
section 16,

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
4

(vi)
section 17, or
(vii)
section 30.
(3)
Despite section 9(4), the Commission shall not, in the course of fulfilling a duty
under section 8 or 10, consider the question whether a person’s human rights
have been contravened if the Scottish Parliament has legislative competence to
5
enable a body to consider that question.
(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
(b)
the body’s principal duties relate to human rights and are similar to any
10
of the Commission’s duties under section 9.
(5)
Subsections (1) and (3) shall not prevent the Commission from relying on
section 13(1)(f) so as to act jointly or cooperate (but not assist) for a purpose
relating to human rights and connected with Scotland.
Duties
15
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,
(c)
promote equality of opportunity,
20
(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
(g)
work towards the elimination of unlawful harassment.
25
(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 34.
(3)
In promoting equality of opportunity between disabled persons and others, the
30
Commission may, in particular, promote the favourable treatment of disabled
persons.
(4)
In this Part “disabled person” means a person who—
(a)
is a disabled person within the meaning of the Disability
Discrimination Act 1995 (c. 50), or
35
(b)
has been a disabled person within that meaning (whether or not at a
time when that Act had effect).
9
Human rights
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of human rights,
40
(b)
encourage good practice in relation to human rights,

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
5

(c)
promote awareness, understanding and protection of human rights,
and
(d)
encourage public authorities to comply with section 6 of the Human
Rights Act 1998 (c. 42) (compliance with Convention rights).
(2)
In this Part “human rights” means—
5
(a)
the Convention rights within the meaning given by section 1 of the
Human Rights Act 1998, and
(b)
other human rights.
(3)
In determining what action to take in pursuance of this section the Commission
shall have particular regard to the importance of exercising the powers
10
conferred by this Part in relation to the Convention rights.
(4)
In fulfilling a duty under section 8 or 10 the Commission shall take account of
any relevant human rights.
(5)
A reference in this Part (including this section) to human rights does not
exclude any matter by reason only of its being a matter to which section 8 or 10
15
relates.
10
Groups
(1)
The Commission shall, by exercising the powers conferred by this Part—
(a)
promote understanding of the importance of good relations—
(i)
between members of different groups, and
20
(ii)
between members of groups and others,
(b)
encourage good practice in relation to relations—
(i)
between members of different groups, and
(ii)
between members of groups and others,
(c)
work towards the elimination of prejudice against, hatred of and
25
hostility towards members of groups, and
(d)
work towards enabling members of groups to participate in society.
(2)
In this Part “group” means a group or class of persons who share a common
attribute in respect of any of the following matters—
(a)
age,
30
(b)
disability,
(c)
gender,
(d)
proposed, commenced or completed reassignment of gender (within
the meaning given by section 82(1) of the Sex Discrimination Act 1975
(c. 65)),
35
(e)
race,
(f)
religion or belief, and
(g)
sexual orientation.
(3)
For the purposes of this Part a reference to a group (as defined in subsection
(2)) includes a reference to a smaller group or smaller class, within a group, of
40
persons who share a common attribute (in addition to the attribute by
reference to which the group is defined) in respect of any of the matters
specified in subsection (2)(a) to (g).
(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
45

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
6

conferred by this Part in relation to groups defined by reference to race,
religion or belief.
(5)
The Commission may, in taking action in pursuance of subsection (1) in respect
of groups defined by reference to disability and others, promote or encourage
the favourable treatment of disabled persons.
5
(6)
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.
(7)
This section is without prejudice to the generality of section 8.
11
Monitoring the law
10
(1)
The Commission shall monitor the effectiveness of the equality and human
rights enactments.
(2)
The Commission may—
(a)
advise central government about the effectiveness of any of the equality
and human rights enactments;
15
(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
enactments;
(c)
advise central or devolved government about the effect of an enactment
20
(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.
(3)
In this section—
(a)
“central government” means Her Majesty’s Government,
25
(b)
“devolved government” means—
(i)
the Scottish Ministers, and
(ii)
the National Assembly for Wales, and
(c)
a reference to the equality enactments shall be treated as including a
reference to any provision of this Act.
30
12
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
relevant to the aim specified in section 3,
(b)
results at which to aim for the purpose of encouraging and supporting
35
the development of the society described in section 3 (“outcomes”), and
(c)
factors by reference to which progress towards those results may be
measured (“indicators”).
(2)
In identifying outcomes and indicators the Commission shall—
(a)
consult such persons having knowledge or experience relevant to the
40
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

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
7

large a class of persons who may to wish to make representations as is
reasonably practicable, and
(d)
take account of any representations made.
(3)
The Commission shall from time to time monitor progress towards each
identified outcome by reference to any relevant identified indicator.
5
(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
section comes into force, and
(b)
within each period of three years beginning with the date on which a
10
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.
General powers
13
Information, advice, &c.
15
(1)
In pursuance of its duties under sections 8 to 10 the Commission may—
(a)
publish or otherwise disseminate ideas or information;
(b)
undertake research;
(c)
provide education or training;
(d)
give advice or guidance (whether about the effect or operation of an
20
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
within paragraphs (a) to (d).
(2)
The reference to giving advice in subsection (1)(d) does not include a reference
25
to preparing, or assisting in the preparation of, a document to be used for the
purpose of legal proceedings.
14
Codes of practice
(1)
The Commission may issue a code of practice in connection with a matter
addressed by any of the following—
30
(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 or 76C of that Act,
(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)
35
except for sections 28D and 28E (accessibility in schools),
(e)
Part 2 of this Act,
(f)
regulations under Part 3 of this Act,
(g)
Parts 2 and 3 of the Employment Equality (Sexual Orientation)
Regulations 2003, and
40
(h)
Parts 2 and 3 of the Employment Equality (Religion or Belief)
Regulations 2003.
(2)
A code of practice under subsection (1) shall contain provision designed—