Equality Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 3 — Money
64

      (3)
If the Secretary of State thinks that there are special circumstances that make
it right for a person ceasing to hold office as Chairman, deputy Chairman or
Commissioner to receive compensation, the Commission may pay to him
such compensation as the Secretary of State may determine.
      (4)
This paragraph does not apply to the Chief Executive.
5
36    (1)
The Commission may pay sums to or in respect of a member or former
member of staff by way of or in respect of—
(a)
remuneration,
(b)
allowances,
(c)
pensions,
10
(d)
gratuities, or
(e)
compensation for loss of employment.
      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which
superannuation schemes may extend) in the list of other bodies insert at the
appropriate place—
15
(a)
“The Commission for Equality and Human Rights.”
      (3)
The Commission shall pay to the Minister for the Civil Service such sums as
he may determine in respect of any increase attributable to sub-paragraph
(2) in the sums payable out of money provided by Parliament under the
Superannuation Act 1972 (c. 11).
20
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—
(a)
remuneration,
(b)
allowances, or
25
(c)
gratuities.
      (2)
This paragraph does not apply in relation to a person who is a member of
staff of the Commission.
      (3)
Approval for the purposes of sub-paragraph (1) may be general or specific.
Funding by Secretary of State
30
38
The Secretary of State shall pay to the Commission such sums as appear to
the Secretary of State reasonably sufficient for the purpose of enabling the
Commission to perform its functions.
Charging
39
The Commission may make a charge for a service provided under section 13
35
or 27.
Accounts
40    (1)
The Commission shall—
(a)
keep proper accounting records, and
(b)
prepare a statement of accounts in respect of each financial year in
40
such form as the Secretary of State may direct.

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 4 — Status, &c.
65

      (2)
The Commission shall send a copy of a statement under sub-paragraph
(1)(b) to—
(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
5
period, beginning with the end of the financial year to which the statement
relates, as the Secretary of State may direct.
      (4)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on a statement received under this
paragraph, and
10
(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
with the consent of the Treasury.
Financial year
41    (1)
The financial year of the Commission shall be the period of 12 months
15
ending with 31st March.
      (2)
But the first financial year of the Commission shall be the period—
(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
20
1st April, and
(ii)
the second following 31st March, in any other case.
Part 4
Status, &c.
Status
25
42    (1)
The Commission shall not—
(a)
be regarded as the servant or agent of the Crown, or
(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.
30
      (3)
The Secretary of State shall have regard to the desirability of ensuring that
the Commission is under as few constraints as reasonably possible in
determining—
(a)
its activities,
(b)
its timetables, and
35
(c)
its priorities.
Supervision
43
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments, &c. subject to investigation) at the appropriate place insert—

“The Commission for Equality and Human Rights.”
40

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee
66

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
place insert—

“The Commission for Equality and Human Rights.”
5
      (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
Human Rights.”
10
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—

“The Commission for Equality and Human Rights.”
      (2)
In Part III of that Schedule (other disqualifying offices) at the appropriate
15
place insert—

“Investigating Commissioner of, or member of a decision-
making committee of, the Commission for Equality and
Human Rights.”
46
A Commissioner or Investigating Commissioner, and a member of a
20
decision-making committee of the Commission, shall be disqualified from
being a member of the National Assembly for Wales.
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
25
paragraph 3 insert—

“The Commission for Equality and Human Rights.”
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—
30

“The Commission for Equality and Human Rights.”
Part 5
Disability Committee
Establishment
49    (1)
The Commission shall establish a decision-making committee to be known
35
as the Disability Committee.
      (2)
The Commission shall ensure that the Disability Committee is established
before either section 8 or section 10, in so far as they relate to disability,
comes into force (to any extent).

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee
67

Membership
50    (1)
The Commission shall ensure that—
(a)
there are not less than 7 or more than 9 members of the Disability
Committee,
(b)
at least one half of the members are (or have been) disabled persons,
5
and
(c)
the Chairman is (or has been) a disabled person.
      (2)
The Transition Commissioner nominated by the chairman of the Disability
Rights Commission may not be a member of the Disability Committee.
51
The appointment of each member of the Disability Committee shall be for a
10
period of not less than two years or more than 5 years, subject to the
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
15
Committee.
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
20
disability matters and may be fulfilled by the exercise of the powers
conferred by or referred to in—
(i)
section 11,
(ii)
section 13(1)(a), (c) or (d) (or paragraph (e) or (f) in so far as it
relates to paragraph (a), (c) or (d)),
25
(iii)
section 14,
(iv)
section 15,
(v)
section 19, in so far as it relates to disability,
(vi)
section 27,
(vii)
section 28, or
30
(viii)
section 30,
(b)
the Commission’s duty under section 10 in so far as it relates to
disability and may be 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.
35
      (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
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, 5 and 5B of the Disability
40
Discrimination Act 1995 (c. 50), and
(b)
sections 8 and 10 above, in so far as they relate to disability.
      (4)
Before exercising a power to which paragraph 21(2) or 22(3) applies the
Disability Committee shall consult the Scotland Committee.

Equality Bill [HL]
Schedule 1 — The Commission: Constitution, &c.
Part 5 — Disability Committee
68

      (5)
Before exercising a power to which paragraph 29(2) or 30(3) applies the
Disability Committee shall consult the Wales Committee.
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 (c. 50)) the
5
Commission shall consult the Disability Committee.
54
The Disability Committee shall advise the Commission about the exercise of
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).
10
Resources
55
In allocating its resources the Commission shall ensure that the Disability
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
15
submit to the Commission a report on the Committee’s activities in that
year.
      (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
20
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
of the period of five years beginning with the date of the commencement for
all purposes of sections 8 and 10 in so far as they relate to disability.
58
The following may not participate in the review (although those conducting
25
the review may seek views from any of the following)—
(a)
a Commissioner or former Commissioner,
(b)
staff or former staff of the Commission,
(c)
a person who is or has been an Investigating Commissioner, and
(d)
a person who is or has been a member of a committee established by
30
the Commission.
59
The Commission shall ensure—
(a)
that those conducting the review consult disabled persons and other
persons whom they think likely to have an interest,
(b)
that those conducting the review submit a report to the Commission
35
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
59 the Commission shall recommend to the Secretary of State for how long
40
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—

Equality Bill [HL]
Schedule 2 — Inquiries, Investigations and Assessments
69

(a)
dissolve the Disability Committee with effect from such time as shall
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
5
dissolution;
(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
10
power of the Commission under this Schedule—
(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
15
Sections 16, 20 and 31

Inquiries, Investigations and Assessments
Introduction
1
This Schedule applies to—
(a)
inquiries under section 16,
(b)
investigations under section 20, and
20
(c)
assessments under section 31.
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
25
persons whom it concerns or who are likely to be interested in it, and
(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
30
and the nature of the unlawful act which the Commission suspects,
(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,
35
(d)
consider any representations made, and
(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,
40
(b)
give the person notice of the proposed terms of reference,

Equality Bill [HL]
Schedule 2 — Inquiries, Investigations and Assessments
70

(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
5
apply in relation to original terms of reference.
Representations
6     (1)
The Commission shall make arrangements for giving persons an
opportunity to make representations in relation to inquiries, investigations
and assessments.
10
      (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.
7
Arrangements under paragraph 6 may (but need not) include arrangements
for oral representations.
15
8     (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—
(a)
made neither by nor on behalf of a person specified in the terms of
20
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.
      (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
25
the Commission’s decision and the reasons for it.
Evidence
9
In the course of an inquiry, investigation or assessment the Commission may
give a notice under this paragraph to any person.
10    (1)
A notice given to a person under paragraph 9 may require him—
30
(a)
to provide information in his possession,
(b)
to produce documents in his possession, or
(c)
to give oral evidence.
      (2)
A notice under paragraph 9 may include provision about—
(a)
the form of information, documents or evidence;
35
(b)
timing.
      (3)
A notice under paragraph 9—
(a)
may not require a person to provide information that he is prohibited
from disclosing by virtue of an enactment,
(b)
may not require a person to do anything that he could not be
40
compelled to do in proceedings before the High Court or the Court
of Session, and