Amendments proposed to the Equality Bill [Lords] - continued House of Commons

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Age discrimination: enforcement

   

Sandra Gidley
Dr Evan Harris

NC6

To move the following Clause:—

    '(1)   This section applies where the Commission thinks that a person has failed to comply with a duty imposed under section [Age discrimination: specific duties of public authorities] or [Age discrimination: specific duties (Scotland)].

    (2)   The Commission may give the person a notice requiring him—

(a) to comply with the duty, and

(b) to give the Commission, within the period of 28 days beginning with the date on which he receives the notice, written information of the steps being taken for the purpose of complying with the duty.

    (3)   A notice under this section may require a person to give the Commission information required by the Commission for the purposes of assessing compliance with the duty; in which case the notice shall specifiy—

(a) the period within which the information is to be given (which shall begin with the date on which the notice is received and shall not exceed three months), and

(b) the manner and form in which the information is to be given.

    (4)   A person who receives a notice under this section shall comply with it.

    (5)   A notice under this section shall not oblige a person to give information that he could not be compelled to give in proceedings before the High Court or the Court of Session.

    (6)   If the Commission thinks that a person, to whom a notice under this section has been given, has failed to comply with a requirement of the notice, the Commission may apply to a count court (in England and Wales) or to the sheriff (in Scotland) for an order requiring the person to comply.'.


Age discrimination: codes of practice

   

Sandra Gidley
Dr Evan Harris

NC7

To move the following Clause:—

    '(1)   The Commission may issue a code of practice about the performance of—

(a) the duty under section [Age discrimination: statutory duty of public authorities] (1), or

(b) a duty imposed under section [Age discrimination: specific duties of public authorities] or [Age discrimination: specific duties (Scotland)].

    (2)   Section 14 and 15 shall apply to a code under this section,

    (3)   The Secretary of State shall consult the Scottish Ministers and the National Assembly for Wales before—

(a) approving a draft under section 14 as applied by subsection (2) above, or

(b) making an order under section 14 as applied by subsection (2) above.'.


Monitoring of exception in relation to immigration cases

   

Sandra Gidley
Dr Evan Harris

NC8

To move the following Clause:—

    '(1)   The Secretary of State shall appoint a person who is not a member of his staff to monitor immigration cases.

    (2)   The person appointed under subsection (1) shall monitor in such manner as the Secretary of State may determine the operation of the exception in section 51 (4) (f).

    (3)   The monitor shall make an annual report on the discharge of his functions to the Secretary of State.

    (4)   The Secretary of State shall lay a copy of any report made to him under subsection (3) before both Houses of Parliament.

    (5)   The Secretary of State shall pay to the monitor such fees and allowances as he may determine.

    (6)   In this section "the monitor" has the meaning of the person appointed under subsection (1).'.


Public authorities and human rights

   

Sandra Gidley
Dr Evan Harris

NC9

To move the following Clause:—

    '(1)   This section applies to any establishment or agency within the scope of sections 1 to 4 of the Care Standards Act 2000.

    (2)   Any care establishment or agency is deemed to be a public authority in relation to the provision of care services subject to the Care Standards Act for the purpose of section 6 of the Human Rights Act 1998.'.


Discrimination on grounds of gender reassignment

   

Sandra Gidley
Dr Evan Harris

NC10

To move the following Clause:—

    '(1)   The Secretary of State may by regulations make provision about discrimination or harassment on grounds of gender reassignment.

    (2)   In subsection (1) "gender reassignment" has the meaning given by section 35.

    (3)   The regulations may, in particular—

(a) make provision of a kind similar to Part 2 of this Act;

(b) define discrimination;

(c) define harassment;

(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 an enactment relating to discrimination or equality,

(ii) about validity and revision of contracts,

(iii) about discriminatory advertisements, and

(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 2 of this Act or any other enactment relating to discrimination or equality);

(f) make provisions which applies generally or only in specified cases or circumstances;

(g) make different provision for different cases or circumstances;

(h) include incidental or consequential provision (which may include provision for amending an enactment);

(i) include transitional provision.

    (4)   The regulations—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

    (5)   In subsection (3)(h) "enactment" includes an enactment in or under an Act of the Scottish Parliament.'.


Harassment by third parties

   

Sandra Gidley
Dr Evan Harris

NC11

To move the following Clause:—

    '(1)   The Sex Discrimation Act 1975 (c.65) is amended as follows.

    (2)   In section 4A (harassment, including sexual harassment) after paragraph (1) (b) insert—

"(c) he fails to take reasonable steps to prevent the occurrence or continuation of any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect—

(i) of violating her dignity, or

(ii) of creating an intimidating, hostile degrading, humiliating or offensive environment for her, or".

    (3)   In section, paragraph (c), for "subsection (a) or (b)" substitute "subsections (a), (b) and (c)".

    (4)   In section 4A, paragraph (c), for "subsection 1(a) or (b)" substitute "subsections 1(a), (b) and (c)".'.


Harassment in the provision of services

   

Sandra Gidley
Dr Evan Harris

NC12

To move the following Clause:—

    '(1)   The Sex Discrimation Act 1975 (c.65) is amended as follows.

    (2)   In section 29 of the Sex Discrimination Act 1975 (discrimination in provision of goods, facilities or services) after subsection (1) insert—

    "(1A)   It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to subject to harassment a woman who seeks to obtain or use those goods, facilities or services.".

    (1)   In subsection 29 (2) for "subsection (1)" substitute "subsections 1 and 1A".

    (3)   In section 29 (4) for "subsection (1)" substitute "subsections 1 and 1A".'.


   

Sandra Gidley
Dr Evan Harris

96

*Title,     line     4,     leave out 'or belief' and insert ', belief or age'.


ORDER OF THE HOUSE [21st NOVEMBER]

That the following provisions shall apply to the Equality Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th December 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which those proceedings on consideration are commenced.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [29th NOVEMBER 2005]

That—

    (1)   during proceedings on the Equality Bill, in addition to its first meeting on Tuesday 29th November at 10.30 a.m., the Standing Committee shall meet on Tuesday 29th November at 4.00 p.m., Thursday 1st December at 8.55 a.m. and 1.00 p.m., Tuesday 6th December at 10.30 a.m. and 4.00 p.m. and Thursday 8th December at 8.55 a.m. and 1.00 p.m.;

    (2)   the proceedings shall be taken in the order shown below and shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 8th December.Clauses 1 and 2; Schedule 1; Clauses 3 to 31; Schedule 2; Clauses 32 to 40; Schedule 3; Clauses 41 to 89; Schedule 4; Clauses 90 to 93; Remaining proceedings on the Bill.


 
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