NEW CLAUSES
Sexual orientation: regulations for Northern Ireland
Meg Munn
NC1
To move the following Clause:—
'(1) The Office of the First Minister and deputy First Minister may by regulations make provision about discrimination or harassment on grounds of sexual orientation.
(2) In subsection (1) "sexual orientation" has the same meaning as in the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003 No. 497).
(3) The regulations may, in particular—
| (a) | make provision of a kind similar to Part 3 of the Race Relations Order (discrimination on grounds of race, etc. other than in employment field) and Part 4 of that Order so far as it applies for the purposes of Part 3; |
| (b) | define discrimination; |
| (d) | make provision for enforcement (which may, in particular, include provision— |
| (i) | creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by the Race Relations Order; |
| (ii) | about validity and revision of contracts; |
| (iii) | about discriminatory advertisements; |
| (iv) | about instructing or causing discrimination or harassment); |
| (e) | provide for exceptions (whether or not of a kind similar to those provided for by Part 6 of the Race Relations Order or any other enactment relating to discrimination); |
| (f) | confer powers or impose duties or restrictions on the Equality Commission for Northern Ireland of a kind similar to those conferred or imposed on the Commission by Part 7 of the Race Relations Order; |
| (g) | make provision which applies generally or only in specified cases or circumstances; |
| (h) | make different provision for different cases or circumstances; |
| (i) | include incidental or consequential provision (which may include provision amending an enactment); |
| (j) | include transitional provision. |
(4) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ 1573 (NI 12)).
(5) Regulations may not be made under this section unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
(6) In this section—
| | "the Race Relations Order" means the Race Relations (Northern Ireland) Order 1997 (SI 1997/ 869 (NI 6); |
| | "enactment" includes an enactment contained in or made under Northern Ireland legislation.'. |
Adaptations of rented housing in Scotland
Meg Munn
NC2
To move the following Clause:—
'(1) In the Disability Discrimination Act 1995 (c.50), the following shall be inserted after section 49H (conciliation of disputes about improvements to let dwelling houses in England and Wales)—
"49I Conciliation of disputes: rented housing in Scotland
(1) The Disability Rights Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether—
| (a) | it is unreasonable for a landlord to withhold consent to the carrying out of any relevant work in relation to a house (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland, or |
| (b) | any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable. |
(2) Subsections (2) to (8) of section 28 apply for the purpose of this section as they apply for the purpose of that section and for that purpose a reference in that section to—
| (a) | a dispute arising under Part 3 is to be construed as a reference to a dispute mentioned in subsection (1), and |
| (b) | arrangements under that section is to be construed as a reference to arrangements under subsection (1). |
(3) In subsection (1), "relevant work", in relation to a house, means work for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence.".
(2) In section 53A (codes of practice) of that Act—
| (a) | after subsection (1E) insert— |
| "(1F) | The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland as to— |
| (a) | circumstances in which the tenant requires the consent of the landlord to the carrying out of work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, |
| (b) | circumstances in which it is unreasonable to withhold such consent, |
| (c) | circumstances in which any condition imposed on the granting of such consent is unreasonable, and |
| (d) | the application, in relation to such work, of— |
(i) sections 28 to 31 and 34(6) of the Housing (Scotland) Act 2001 (asp 10), and
(ii) sections 52, 53 and 64(6) of the Housing (Scotland) Act 2005 (asp 00).".
| (b) | after subsection (4A) insert— |
| "(4B) | Where a draft code of practice under subsection (1F) is submitted to the Secretary of State for approval, the Secretary of State must, before deciding whether to approve it, consult the Scottish Ministers.". |
| (c) | after subsection (6A) insert— |
| "(6B) | Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice under subsection (1F), the Secretary of State shall consult the Scottish Ministers." |
| (d) | after subsection (8A) insert— |
| "(8B) | Subsection (8A) does not apply to a code of practice under subsection (1F).". |
(3) In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision of assistance in relation to proceedings), in subsection (1), after paragraph (aa) insert—
| "(ab) | proceedings in Scotland of any description to the extent that the question whether— |
| (i) | it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or |
| (ii) | any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable, |
falls to be considered in the proceedings,".'.
Public authorities: general statutory duty
Sandra Gidley
Dr Evan Harris
NC3
*To move the following Clause:—
'(1) A public authority shall in carrying out its functions have due regard to the need to—
| (a) | eliminate unlawful discrimination and harrassment on ground of age, |
| (b) | promote equality of opportunity between persons of different ages, |
| (c) | promote good relations betwen persons of different ages. |
(2) In subsection (1)—
| (a) | "public authority" includes any person who has functions of a public nature (subject to subsections (3) and (4)), |
| (b) | "functions" means functions of a publice nature, and |
| (c) | the reference to unlawful discrimination shall be treated as including a reference to contravention of terms of contracts having effect in accordance with Schedule 5 to the Employment Equality (Age) Regulations 2006. |
(3) The duty in subsection (1) shall not apply to—
| (a) | the House of Commons, |
| (c) | the Scottish Parliament, |
| (d) | the General Synod of the Church of England, |
| (e) | the Security Service, |
| (f) | the Secret Intelligence Service, |
| (g) | the Government Communications Headquarters, |
| (h) | a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters, or |
| (i) | a person specified for the purposes of this paragraph by order of the Secretary of State (and a person may be specified generally or only in respect of specified functions). |
(4) The duty in subsection (1) shall not apply to the exercise of—
| (a) | a function in connection with proceedings in the House of Commons or the House of Lords, |
| (b) | a function in conncection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body), |
| (c) | a judicial function (whether in connection with a court or a tribunal), |
| (d) | a function exercised on behalf of or on the intructions of a person exercising a judicial tribunal, (whether in connection with a court or a tribunal), or |
| (e) | a function specified for the purposes of this paragraph by order of the Secretary of State. |
(5) Subsection (1) (b) is without prejudice to the effect of any exception to or limitation of the law about age discrimination.
(6) A failure in respect of performance of the duty under subsection (1) does not confer a cause of action at private law.
(7) An order under subsection (3)(i) or subsection (4) (e) may not be made unless the Secretary of State has consulted the Commission.
(8) This section binds the Crown.'.
Specific duties
Sandra Gidley
Dr Evan Harris
NC4
*To move the following Clause:—
'(1) The Secretary of State may by order impose on a person to whom the duty in section [Public authorities: general statutory duty] (1) applies, or insofar as that duty applies to a person, a duty which the Secretary of State thinks will ensure better performance of the duty under section [Public authorities: general statutory duty] (1).
(2) Before making an order under subsection (1) the Secretary of State shall consult the Commission.
(3) The Secretary of State—
| (a) | must consult the National Assembly for Wales before making an order under subsection (1) in respect of a person exercising functions in relation to Wales, and |
| (b) | may not, without the consent of the National Assembly for Wales, make an order under subsection (1) in respect of a person all of whose functions are public functions in relation to Wales. |
(4) A failure in respect of performance of duty imposed under subsection (1) does not confer a cause of action at private law.'.
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