Vote Bundle Text (951208-03)

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

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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.'.

Discrimination on the grounds of gender reassignment

Dr Evan Harris
Sandra Gidley

NC17

To move the following Clause:—

'In section 2A (1) of the Sex Discrimination Act 1975 (discrimination on the grounds of gender reassignment) for paragraphs (b) and (c) substitute—

"(b) any provision of Part 3.".'.

Sandra Gidley
Dr Evan Harris

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 Commitee

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.




©Parliamentary copyright 2005	Prepared 8 Dec 2005