Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Part 1 — The Commission for Equality and Human Rights
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Interpretation
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Equality and human rights enactments
(1)
In this Part “the equality enactments” means—
(a)
the Equal Pay Act 1970 (c. 41),
(b)
the Sex Discrimination Act 1975 (c. 65),
5
(c)
the Race Relations Act 1976 (c. 74),
(d)
the Disability Discrimination Act 1995 (c. 50),
(e)
Part 2 of this Act,
(f)
regulations under Part 3 of this Act,
(g)
the Employment Equality (Sexual Orientation) Regulations 2003 (S.I.
10
2003/1661), and
(h)
the Employment Equality (Religion or Belief) Regulations 2003 (S.I.
2003/1660).
(2)
In this Part “the equality and human rights enactments” means the equality
enactments and the Human Rights Act 1998 (c. 42).
15
(3)
The Secretary of State may by order amend the list in subsection (1) so as to—
(a)
add an entry,
(b)
remove an entry, or
(c)
vary an entry.
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Unlawful
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(1)
In this Part (except section 30(3)) “unlawful” means contrary to a provision of
the equality enactments.
(2)
But action is not unlawful for the purposes of this Part by reason only of the
fact that it contravenes a duty under or by virtue of—
(a)
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public
25
authorities: duty to eliminate discrimination, &c.),
(b)
section 71 of the Race Relations Act 1976 (public authorities: duty to
eliminate discrimination, &c.), or
(c)
any of the following provisions of the Disability Discrimination Act
1995—
30
(i)
Part 5 (public transport),
(ii)
sections 49A and 49D (public authorities), and
(iii)
section 49G (consent to tenant’s improvements).
35
General
In this Part—
35
“act” includes deliberate omission,
“groups” has the meaning given by section 10,
“the Commission” means the Commission for Equality and Human
Rights,
“disabled person” has the meaning given by section 8,
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“human rights” has the meaning given by section 9,
“race” includes colour, nationality, ethnic origin and national origin,

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Part 1 — The Commission for Equality and Human Rights
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“religion or belief” has the same meaning as in Part 2 (as defined by
section 43), and
“sexual orientation” means an individual’s sexual orientation towards—
(a)
persons of the same sex as him or her,
(b)
persons of the opposite sex, or
5
(c)
both.
Dissolution of Existing Commissions
36
Dissolution
(1)
The Secretary of State may by order provide for—
(a)
any of the former Commissions to cease to exist, or
10
(b)
the removal from any of the former Commissions of a specified
function.
(2)
In this Part “the former Commissions” means—
(a)
the Equal Opportunities Commission,
(b)
the Commission for Racial Equality, and
15
(c)
the Disability Rights Commission.
(3)
The Secretary of State shall by exercising the power under subsection (1)
ensure that each of the former Commissions ceases to exist not later than the
end of 31st March 2009.
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Transfer of property, &c.
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(1)
An order under section 36(1) in respect of any of the former Commissions may
provide for the transfer to the Commission for Equality and Human Rights of
specified property, rights and liabilities of the former Commission.
(2)
The Secretary of State may give a former Commission any direction that the
Secretary of State thinks appropriate in connection with the dissolution of the
25
former Commission or the establishment of the Commission for Equality and
Human Rights; and a direction may, in particular, require the former
Commission—
(a)
to provide information in connection with property, rights or liabilities;
(b)
to provide information in connection with the exercise of functions;
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(c)
to transfer specified property, rights and liabilities to a specified
person;
(d)
to make property, staff or facilities available, on such terms or
conditions as may be specified in the direction, to the Commission for
Equality and Human Rights;
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(e)
not to take action of a specified kind or in specified circumstances.
(3)
The Secretary of State may direct a former Commission to prepare a scheme for
the transfer of specified property, rights and liabilities to—
(a)
the Commission for Equality and Human Rights, or
(b)
another person specified in the direction.
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(4)
If the Secretary of State gives a direction under subsection (3)—

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Part 1 — The Commission for Equality and Human Rights
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(a)
the former Commission shall prepare a scheme in accordance with the
direction, having consulted either the Commission for Equality and
Human Rights or the person specified under subsection (3)(b), and
(b)
the scheme shall have effect—
(i)
when approved by the Secretary of State, and
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(ii)
subject to any modifications made by him, having consulted the
former Commission and either the Commission for Equality
and Human Rights or the person specified under subsection
(3)(b).
(5)
Where a former Commission ceases to exist by virtue of section 36(1)(a), its
10
property, rights and liabilities shall by virtue of this subsection vest in the
Commission for Equality and Human Rights (and this subsection operates in
addition to any transfer provided for by virtue of subsection (1) above).
(6)
An order, direction or scheme under or by virtue of this section may, in
particular—
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(a)
specify property, rights or liabilities;
(b)
specify a class or description of property, rights or liabilities;
(c)
specify property, rights or liabilities to a specified extent.
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Transfer of property: supplemental
(1)
A direction under section 37—
20
(a)
shall be in writing,
(b)
may be given only following consultation with the former Commission
to which the direction relates and, where the Secretary of State thinks it
appropriate, the Commission for Equality and Human Rights, and
(c)
may be varied or revoked by a further direction.
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(2)
In so far as is appropriate as a consequence of a transfer effected by or by virtue
of section 37—
(a)
anything done by or in relation to any of the former Commissions
which has effect immediately before the transfer shall continue to have
effect as if done by or in relation to the Commission for Equality and
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Human Rights, and
(b)
anything (including any legal proceedings) which immediately before
the transfer is in the process of being done by or in relation to any of the
former Commissions may be continued by or in relation to the
Commission for Equality and Human Rights.
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(3)
In so far as is appropriate in consequence of a transfer effected by or by virtue
of section 37 a reference to any of the former Commissions in an agreement,
instrument or other document shall be treated as a reference to the
Commission for Equality and Human Rights.
(4)
Section 37, and a direction, scheme or order under or by virtue of that section,
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shall operate in relation to property, rights or liabilities—
(a)
whether or not they would otherwise be capable of being transferred,
(b)
without any instrument or other formality being required, and
(c)
irrespective of any requirement for consent that would otherwise
apply.
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(5)
A scheme or order under or by virtue of section 37 which relates to rights or
liabilities under a contract of employment—

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Part 1 — The Commission for Equality and Human Rights
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(a)
must provide for the application of the Transfer of Undertakings
(Protection of Employment) Regulations 1981 (S.I. 1981/1794), and
(b)
must provide that for any purpose relating to an employee of a former
commission who becomes an employee of the Commission for Equality
and Human Rights by virtue of the scheme or order—
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(i)
a period of employment with the former commission shall be
treated as a period of employment with the Commission for
Equality and Human Rights, and
(ii)
the transfer to that Commission shall not be treated as a break
in service.
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Miscellaneous
39
Orders and regulations
(1)
An order of a Minister of the Crown under this Part and regulations under this
Part shall be made by statutory instrument.
(2)
An order of a Minister of the Crown under this Part and regulations under this
15
Part—
(a)
may make provision generally or only for specified purposes,
(b)
may make different provision for different purposes, and
(c)
may include transitional, incidental or consequential provision.
(3)
An order or regulations under any of the following provisions shall be subject
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to annulment in pursuance of a resolution of either House of Parliament—
(a)
section 15(3),
(b)
section 28,
(c)
section 29,
(d)
section 36, and
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(e)
Part 5 of Schedule 1.
(4)
An order under section 10(6), 15(5), 27(9) or 33(3)—
(a)
may, in particular, make consequential amendment of an enactment
(including this Act and including an enactment in or under an Act of
the Scottish Parliament), and
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(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(5)
An incidental provision included in an order or regulations by virtue of
subsection (2)(c) may, in particular, impose a requirement for consent to action
under or by virtue of the order or regulations.
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40
Consequential amendments
Schedule 3 (consequential amendments) shall have effect.
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Transitional: the Commission
(1)
If an order under section 91 provides for any of sections 1 to 3 and Schedule 1
to come into force (to any extent) at a time before any of sections 8 to 32 come
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into force (to any extent)—

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Part 1 — The Commission for Equality and Human Rights
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(a)
the period between that time and the commencement of any of sections
8 to 32 (to any extent) is the “transitional period” for the purposes of this
section, and
(b)
the following provisions of this section shall have effect.
(2)
During the transitional period the minimum number of Commissioners shall
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be five (and not as provided by paragraph 1 of Schedule 1).
(3)
The Secretary of State shall, as soon as is reasonably practicable after making
the first appointments under that paragraph, appoint as additional members
of the Commission (to be known as Transition Commissioners)—
(a)
a commissioner of the Equal Opportunities Commission nominated by
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its chairman,
(b)
a commissioner of the Commission for Racial Equality nominated by its
chairman, and
(c)
a commissioner of the Disability Rights Commission nominated by its
chairman.
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(4)
A person may nominate himself as a Transition Commissioner.
(5)
If a Transition Commissioner ceases to be a commissioner of the Commission
whose chairman nominated him—
(a)
he shall cease to be a Transition Commissioner,
(b)
the chairman of that Commission shall nominate a replacement, and
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(c)
the Secretary of State shall appoint the nominated replacement.
(6)
A person shall hold appointment as a Transition Commissioner until a time
specified by order of the Secretary of State (subject to subsection (5)); and the
Secretary of State shall specify a time which in his opinion is not more than two
years after the time when, by virtue of section 36, the Commission whose
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chairman nominated the Transition Commissioner—
(a)
ceases to exist, or
(b)
loses its principal functions.
(7)
In all other respects the provisions of this Part apply in relation to a Transition
Commissioner as in relation to another Commissioner.
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Transitional: functions of the dissolved Commissions
(1)
An order under section 36(1)(a) or (b) may—
(a)
provide for a former Commission to continue to exercise a function in
respect of a transitional case of a kind specified;
(b)
provide for the Commission for Equality and Human Rights to exercise
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a function of a former Commission in respect of a transitional case of a
kind specified.
(2)
An order under section 91 commencing a provision of Schedule 3 or 4 may
include a saving or a consequential or incidental provision for the purpose of
the operation of provision made by virtue of subsection (1) above; and the
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saving, consequential or incidental provision may, in particular, include
provision applying, disapplying or modifying the application of a provision of
this Act or of another enactment (including an enactment in or under an Act of
the Scottish Parliament).

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Part 2 — Discrimination on grounds of religion or belief
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(3)
A code of practice issued by a Commission dissolved by virtue of section 36, or
which relates to a function of a Commission removed by virtue of section
36(1)(b)—
(a)
shall continue to have effect until revoked by the Secretary of State, at
the request of the Commission for Equality and Human Rights, by
5
order made by statutory instrument, and
(b)
may be revised by the Commission for Equality and Human Rights as
if it had been issued under section 14.
(4)
Consultation undertaken by a former Commission in relation to the issue or
revision of a code of practice may be relied upon by the Commission for
10
Equality and Human Rights for a purpose of section 14.
(5)
An order under subsection (3)(a) shall be subject to annulment in pursuance of
a resolution of either House of Parliament.
Part 2
Discrimination on grounds of religion or belief
15
Key concepts
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Religion and belief
In this Part—
(a)
“religion” means any religion,
(b)
“belief” means any religious or philosophical belief,
20
(c)
a reference to religion includes a reference to lack of religion, and
(d)
a reference to belief includes a reference to lack of belief.
44
Discrimination
(1)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
if on grounds of the religion or belief of B or of any other person except A
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(whether or not it is also A’s religion or belief) A treats B less favourably than
he treats or would treat others (in cases where there is no material difference in
the relevant circumstances).
(2)
In subsection (1) a reference to a person’s religion or belief includes a reference
to a religion or belief to which he is thought to belong or subscribe.
30
(3)
A person (“A”) discriminates against another (“B”) for the purposes of this Part
if A applies to B a provision, criterion or practice—
(a)
which he applies or would apply equally to persons not of B’s religion
or belief,
(b)
which puts persons of B’s religion or belief at a disadvantage compared
35
to some or all others (where there is no material difference in the
relevant circumstances),
(c)
which puts B at a disadvantage compared to some or all persons who
are not of his religion or belief (where there is no material difference in
the relevant circumstances), and
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(d)
which A cannot reasonably justify by reference to matters other than
B’s religion or belief.

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Part 2 — Discrimination on grounds of religion or belief
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(4)
A person (“A”) discriminates against another (“B”) if A treats B less favourably
than he treats or would treat another and does so by reason of the fact that, or
by reason of A’s knowledge or suspicion that, B—
(a)
has brought or intended to bring, or intends to bring, proceedings
under this Part,
5
(b)
has given or intended to give, or intends to give, evidence in
proceedings under this Part,
(c)
has provided or intended to provide, or intends to provide, information
in connection with proceedings under this Part,
(d)
has done or intended to do, or intends to do, any other thing under or
10
in connection with this Part, or
(e)
has alleged or intended to allege, or intends to allege, that a person
contravened this Part.
(5)
Subsection (4) does not apply where A’s treatment of B relates to B’s making
or intending to make, not in good faith, a false allegation.
15
Prohibited discrimination
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Goods, facilities and services
(1)
It is unlawful for a person (“A”) concerned with the provision to the public or
a section of the public of goods, facilities or services to discriminate against a
person (“B”) who seeks to obtain or use those goods, facilities or services—
20
(a)
by refusing to provide B with goods, facilities or services,
(b)
by refusing to provide B with goods, facilities or services of a quality
which is the same as or similar to the quality of goods, facilities or
services that A normally provides to—
(i)
the public, or
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(ii)
a section of the public to which B belongs,
(c)
by refusing to provide B with goods, facilities or services in a manner
which is the same as or similar to that in which A normally provides
goods, facilities or services to—
(i)
the public, or
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(ii)
a section of the public to which B belongs, or
(d)
by refusing to provide B with goods, facilities or services on terms
which are the same as or similar to the terms on which A normally
provides goods, facilities or services to—
(i)
the public, or
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(ii)
a section of the public to which B belongs.
(2)
Subsection (1) applies, in particular, to—
(a)
access to and use of a place which the public are permitted to enter,
(b)
accommodation in a hotel, boarding house or similar establishment,
(c)
facilities by way of banking or insurance or for grants, loans, credit or
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finance,
(d)
facilities for entertainment, recreation or refreshment,
(e)
facilities for transport or travel, and
(f)
the services of a profession or trade.
(3)
Where a skill is commonly exercised in different ways in relation to or for the
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purposes of different religions or beliefs, a person who normally exercises it in