Vote Bundle Text (951206-04)

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;

(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 of the Sex Discrimination Act 1975 (harassment, including sexual harassment) subsection 4A (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 4A (1) (c) for "subsection (a) or (b)" substitute "subsections (a), (b) and (c)".

(4) In section 4A (1) (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".'.

Protection of Christian heritage

Mr Dominic Grieve
Mrs Eleanor Laing
Mr David Evennett
James Brokenshire

NC13

To move the following Clause:—

'Nothing in this part shall require

(a) the removal of any copy of the Bible,

(b) the removal of any cross or other Christian symbol,

(d) the ending of Christian prayers,

(e) any restriction on the celebrations of Christmas, Easter or any Christian festival,

(f) the withdrawal of funding from a Christian organisation,

(g) a religious organisation in receipt of funding to change or cease any practice relating to its religion or belief as a condition of the funding.'.

Sex discrimination exceptions for public authorities

Vera Baird

NC14

To move the following Clause:—

In the Sex Discrimination Act 1975 (c. 65) the following shall be inserted after section 34—

"35 Exceptions for Public Authorities

(1) Sections 29 (1) and 30 shall not be construed as rendering unlawful—

(a) the provision by public authority of the goods, facilities and services exclusively or primarily to members of one sex where justified by a legitimate aim and where the means of achieving that aim are appropriate and necessary; or

(b) the maintenance or adoption by a public authority of specific measures to prevent or compensate for disadvantages linked to sex, where justified by the aim of ensuring full equality in practice between men and women and where the means of achieving that aim are appropriate and necessary.

(2) In subsection (1), a 'public authority' includes any person certain of whose functions are functions of a public nature.".'.

Employment equality regulations (amendment)

Dr Evan Harris
Sandra Gidley

NC15

To move the following Clause:—

'In the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), leave out regulation 3(2).'.

Guidance on application of prohibition in relation to school transport

Dr Evan Harris
Sandra Gidley

NC16

To move the following Clause:—

'(1) The Secretary of State shall issue guidance under this section setting out how school transport under sections 50(2)(b), 50(3)(b) and 51(4)(k) and (v) shall be provided.

(2) Guidance issued under subsection (1) shall have particular regard to the duty not to discriminate on the grounds of religion or belief and to carry out public functions with due regard to the Human Rights Act 1998.'.