sc850112.67-73

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
67

House of Commons

Thursday 1st December 2005

Standing Committee Proceedings

Standing Committee A

Equality Bill [Lords]

[Third and Fourth sittings]

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Withdrawn  75

Clause  11,  page  6,  line  29,  leave out paragraph (c).

Clause Agreed to.

Clauses 12 and 13 Agreed to.

Sandra Gidley

Dr Evan Harris

Not selected  90

Clause  14,  page  7,  line  38,  after ‘3’, insert ‘and Part 4’.

Sandra Gidley

Dr Evan Harris

Withdrawn  38

Clause  14,  page  7,  line  38,  at end insert—

‘( )
sections [Age discrimination: statutory duty of public authorities], [Age

discrimination: specific duties of public authorities] and [Age discrimination:

specific duties (Scotland)] of this Act,’.

Meg Munn

Agreed to  22

Clause  14,  page  8,  line  5,  after ‘tenants’ insert ‘in England or Wales’.

Meg Munn

Agreed to  2

Clause  14,  page  8,  line  10,  leave out ‘circumstances in which it is unreasonable to

withhold’ and insert ‘reasonableness in relation to’.

S.C.A.Standing Committee Proceedings: 1st December 2005
68

Equality Bill–[ [], continued

Meg Munn

Agreed to  23

Clause  14,  page  8,  line  19,  at end insert—

‘(3A)
The Commission may issue a code of practice giving practical guidance to

landlords and tenants of houses (within the meaning of the Housing (Scotland)

Act 2005 (asp 00)) in Scotland about—

(a)
circumstances in which the tenant requires the consent of the landlord to

carry out 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 that consent,

(c)
circumstances in which any condition imposed on the granting of that

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).’.

Sandra Gidley

Dr Evan Harris

Withdrawn  91

Clause  14,  page  8,  line  20,  leave out subsection (4).

Sandra Gidley

Dr Evan Harris

Not called  39

Clause  14,  page  8,  line  40,  after ‘76C’, insert ‘, [Age discrimination: statutory duty

of public authorities], [Age discrimination: specific duties of public authorities] and [Age

discrimination: specific duties (Scotland)].’.

Meg Munn

Agreed to  25

Clause  14,  page  8,  line  46,  at end insert—

‘(9)
In relation to a code of practice under subsection (3A), the Secretary of State shall

consult the Scottish Ministers before—

(a)
approving a draft under subsection (6)(a) above, or

(b)
making an order under subsection (7)(b) above.’.

Clause, as amended, Agreed to.

Sandra Gidley

Dr Evan Harris

Withdrawn  48

Clause  15,  page  9,  line  15,  leave out from ‘a’ to end of line 18 and insert ‘court or

tribunal shall take such a code into account, or any provisions thereof, in any proceedings

before it.’.

S.C.A.Standing Committee Proceedings: 1st December 2005
69

Equality Bill–[ [], continued

Meg Munn

Agreed to  24

Clause  15,  page  9,  line  18,  at end insert—

‘(4A)
Subsection (4)(b) does not apply in relation to a code issued under section

14(3A).’.

Clause, as amended, Agreed to.

Clause 16 Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Withdrawn  85

Clause  17,  page  10,  line  15,  after ‘person’, insert ‘body or organisation’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  76

Clause  17,  page  10,  line  18,  after ‘person’, insert ‘or body’.

Clause Agreed to.

Clauses 18 and 19 Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  77

Clause  20,  page  10,  line  35,  after ‘person’, insert ‘or body’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Withdrawn  78

Clause  20,  page  11,  line  2,  after ‘suspects’, insert ‘on reasonable grounds’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  79

Clause  20,  page  11,  line  9,  after ‘person’, insert ‘or body’.

S.C.A.Standing Committee Proceedings: 1st December 2005
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Equality Bill–[ [], continued

Clause Agreed to.

Clauses 21 and 22 Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  80

Clause  23,  page  13,  line  21,  leave out ‘thinks’ and insert ‘is satisfied’.

Clause Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  81

Clause  24,  page  13,  line  35,  leave out ‘thinks’ and insert ‘believes on reasonable

grounds’.

Clause Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  82

Clause  25,  page  14,  line  19,  leave out ‘thinks’ and insert ‘believes on reasonable

grounds’.

Clause Agreed to.

Clause 26 Agreed to.

Sandra Gidley

Dr Evan Harris

Withdrawn  95

Clause  27,  page  15,  line  38,  at end insert—

‘(h)
the Human Rights Act 1998 (c.42).’.

S.C.A.Standing Committee Proceedings: 1st December 2005
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Equality Bill–[ [], continued

Meg Munn

Agreed to  3

Clause  27,  page  15,  line  40,  leave out ‘whether it is unreasonable for a landlord to

withhold’ and insert ‘a landlord’s reasonableness in relation to’.

Meg Munn

Agreed to  26

Clause  27,  page  15,  line  41,  after ‘dwelling’ insert ‘in England or Wales’.

Meg Munn

Agreed to  27

Clause  27,  page  15,  line  43,  at end insert—

‘(2A)
The Commission may make arrangements for the provision of conciliation

services for disputes about whether—

(a)
it is unreasonable for a landlord of a house (within the meaning of the

Housing (Scotland) Act 2005 (asp 00)) in Scotland to withhold consent

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, or

(b)
any condition imposed by such a landlord on consenting to the carrying

out of such work is unreasonable.’.

Meg Munn

Agreed to  28

Clause  27,  page  16,  line  1,  leave out ‘and (2)’ and insert ‘to (2A)’.

Clause, as amended, Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  86

Clause  28,  page  16,  line  33,  after ‘who’, insert ‘or organisation which’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Agreed to  87

Clause  28,  page  16,  line  37,  after ‘individual’, insert ‘or organisation’.

Meg Munn

Agreed to  29

Clause  28,  page  16,  line  40,  after first ‘proceedings’ insert ‘in England and Wales’.

Meg Munn

Agreed to  4

Clause  28,  page  16,  line  41,  leave out ‘whether it is unreasonable for a landlord to

S.C.A.Standing Committee Proceedings: 1st December 2005
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Equality Bill–[ [], continued

withhold’ and insert ‘of a landlord’s reasonableness in relation to’.

Meg Munn

Agreed to  30

Clause  28,  page  16,  line  44,  at end insert—

‘(2A)
The Commission may assist an individual who is or may become a party to legal

proceedings in Scotland if and in so far as the proceedings concern or may

concern the question whether—

(a)
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)) 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

(b)
any condition imposed by a landlord on consenting to the carrying out of

such work is unreasonable.’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Withdrawn  83

Clause  28,  page  17,  line  6,  after ‘assistance’, insert ‘including, but not limited to,

meeting the costs of any other party to any legal proceedings in the event that the

individual assisted is not successful in his claim’.

Sandra Gidley

Dr Evan Harris

Not called  92

Clause  28,  page  17,  leave out lines 15 to 26.

Sandra Gidley

Dr Evan Harris

Agreed to  93

Clause  28,  page  17,  line  33,  leave out ‘(6) or’.

Sandra Gidley

Dr Evan Harris

Not called  94

Clause  28,  page  17,  line  34,  leave out from ‘description’ to ‘or’ in line 36.

Meg Munn

Agreed to  12

Clause  28,  page  18,  line  1,  after ‘sex’ insert ‘(including reassignment of gender)’.

Meg Munn

Agreed to  13

Clause  28,  page  18,  line  2,  leave out ‘or to equality of opportunity between men

and women’.

S.C.A.Standing Committee Proceedings: 1st December 2005
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Equality Bill–[ [], continued

Clause, as amended, Agreed to.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  88

Clause  29,  page  18,  line  13,  after ‘individual’, insert ‘or organisation’.

Mr Dominic Grieve

Mrs Eleanor Laing

Mr David Evennett

James Brokenshire

Not called  89

Clause  29,  page  18,  line  15,  after ‘individual’, insert ‘or organisation’.

Clause Agreed to.

Clauses 30 and 31 Agreed to.

Meg Munn

Agreed to  21

Schedule  2,  page  73,  line  5,  at end insert—

‘Intelligence services

20  (1)
An inquiry may not consider—

(a)
whether an intelligence service has acted (or is acting) in a way which

is incompatible with a person’s human rights, or

(b)
other matters concerning human rights in relation to an intelligence

service.

      (2)
In this paragraph “intelligence service” has the same meaning as in paragraph

14.’.

Schedule, as amended, Agreed to.

Clause 32 Agreed to.

Vera Baird

Withdrawn  51

Clause  33,  page  21,  line  13,  at end insert—

‘(i)
the Part-time Workers (Prevention of Less Favourable Treatment)

Regulations 2000,

(j)
the Employment Rights Act 1996, and