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

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Age discrimination: statutory duty of public authorities

   

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 grounds of age,

      (b) promote equality of opportunity between persons of different ages, and

      (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,

      (b) the House of Lords,

      (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.'.


Age discrimination: specific duties of public authorities

   

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 [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to a person, a duty which he thinks will ensure better performance of the duty under that section.

    (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.'.


Age discrimination: specific duties (Scotland)

   

Sandra Gidley
Dr Evan Harris

NC5

To move the following Clause:—

    '(1)   Section [Age discrimination: statutory duty of public authorities] (1) shall not apply in relation to a person who is a relevant Scottish authority or a cross-border authority.

    (2)   The Secretaty of State may by order impose on a cross-border authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Secretary of State thinks will ensure better performance of the duty under section [Age discrimination: statutory duty of public authorities] (1) to the extent that the cross-border authority's functions are not Scottish functions.

    (3)   The Scottish Ministers may by order impose on a relevant Scottish authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the relevant Scottish authority, a duty which the Scottish Ministers think will ensure better perfomance of the duty under section [Age discrimination: statutory duty of public authorities] (1).

    (4)   The Scottish Ministers may by order imposer cross-border authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section [Age discrimination: statutory duty of public authorities] (1), to the extent that the cross-border authority's functions are Scottish functions.

    (5)   Before making an order under any of subsections (2) to (4) the person making the the order shall consult the Commission.

    (6)   Before making an order under subsection (2) the Secretary of State shall consult the Scottish Ministers.

    (7)   Before making an order under subsection (4) the Scottish Ministers shall consult the Secretary of State.

    (8)   A failure in respect of performance of a duty imposed under this section does not confer a cause of action at private law.

    (9)   In this section "relevant Scottish authority" has the meaning—

      (a) a member of the Scottish Executive or a junior Scottish Minister,

      (b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland,

      (c) an office of a description specified in an Order in Council under section 126(8) (b) of the Scotland Act 1998 (c.46) (other non-ministerial offices in the Scottish Aministration), or

      (d) a public body, public office or holder of a public office—

      (i) which is not a cross-border authority or the Scottish Parliamentary Corporate Body,

      (ii) whose function are exercisable only in or as regards Scotland, and

      (iii) some at least of whose functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).

    (10)   In this section—"cross-border authority" has the meaning a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998."Scottish functions" has the meaning functions which are exercisable in or as regards Scotland and which do not relate to reserved matters (within the meaning of the Scotland Act 1998).

    (11)   An order under subsection (3) or (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.'.


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.'.



 
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