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| | Thursday 8th December 2005 |
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| | [Seventh and Eighth sittings]
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| | Clause 80, page 45, line 40, after ‘orientation’, insert ‘or transgender status’. |
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| | Clause 80, page 45, line 40, leave out ‘or harassment’. |
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| | Clause 80, page 46, line 1, leave out ‘may’ and insert ‘shall’. |
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| | Clause 80, page 46, line 4, leave out sub-paragraph (c). |
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| | Clause 80, page 46, line 24, after ‘by’, insert ‘affirmative’. |
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| | Clause 80, page 46, line 25, at end insert— |
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| | | ‘(c) | shall be introduced at the same time as Part 2 of the Act and shall be |
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| | | comprehensive in nature.’. |
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| | Clause 81, page 47, line 4, leave out sub-paragraph (c). |
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| | Clause 81, page 47, line 5, leave out sub-paragraph (d). |
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| | Clause 81, page 47, line 6, leave out sub-paragraph (e). |
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| | Clause 81, page 47, line 7, leave out sub-paragraph (f). |
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| | Clause 81, page 48, leave out lines 30 and 31 and insert—
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| | ‘The provision of separate services exclusively or primarily to members of one sex where |
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| | justified by a legitimate aim and where the means of achieving that aim are appropriate |
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| | Clause 81, page 48, leave out lines 32 to 37 and insert—
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| | ‘The maintenance or adoption of specific measures to prevent or compensate for |
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| | disadvantages linked to sex, where justified by the aim of ensuring full equality in practice |
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| | between men and women and where the means of achieving that aim are appropriate and |
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| | Clause 81, page 49, leave out lines 1 to 16. |
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| | Clause 81 , page 46, line 41, leave out ‘any person who has functions of a public |
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| | nature’ and insert ‘any person certain of whose functions are functions of a public nature’. |
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| | Clause 82, page 50, line 1, leave out ‘and’. |
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| | Clause 82, page 50, line 2, at end insert ‘and those intending to undergo, |
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| | undergoing or who have undergone gender reassignment.’. |
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| | Clause 82, page 50, line 2, at end insert ‘and |
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| | | ‘(c) | to eliminate the harassment of persons who are intending to undergo, are |
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| | | undergoing or have undergone gender reassignment, or who have a |
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| | | committment to maintaining a transgender identity.’. |
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| | Clause 82, page 50, line 2, at end insert ‘and |
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| | | (c) | to promote equality of opportunity for those with unpaid responsibility |
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| | | for the care of another person or persons.’. |
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| | Clause 83, page 51, line 10, at end insert— |
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| | | ‘(1A) | The Secretary of State shall by order impose on a person to whom the duty in |
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| | | section 76A (1) applies, or in so far as that duty applies to a person, a duty which |
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| | | the Secretary of State thinks will ensure a better performance of the duty under |
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| | | section 76A (1) in respect of functions related to education.’. |
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| | Clause 83, page 51, line 11, leave out ‘subsection (1)’ and insert ‘subsections (1) |
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| | Clause 83, page 51, line 15, leave out ‘subsection (1)’ and insert ‘subsections (1) |
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| | Clause 83, page 51, line 18, leave out ‘subsection (1)’ and insert ‘subsections (1) |
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| | Clause 83, page 51, line 21, leave out ‘subsection (1)’ and insert ‘subsections (1) |
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| | Clause 83, page 51, line 24, after ‘section 76B (1)’, insert ‘or section 76B (2)’. |
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| | | Clauses 84 to 89 Agreed to. |
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| | Schedule 4, page 82, line 10, column 2, at end insert— |
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| | | Clauses 90 and 91 Agreed to. |
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| | Clause 92, page 56, line 6, after ‘But’, insert— |
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| | | ‘(a) | section [Sexual orientation: regulations for Northern Ireland] extends |
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| | | only to Northern Ireland, and |
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| | Clause 93, page 56, line 14, leave out subsection (2). |
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| | | Sexual orientation: regulations for Northern Ireland |
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| | To move the following Clause:— |
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| | | ‘(1) | The Office of the First Minister and deputy First Minister may by regulations |
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| | | make provision about discrimination or harassment on grounds of sexual |
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| | | (2) | In subsection (1) “sexual orientation” has the same meaning as in the |
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| | | Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 |
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| | | (3) | The regulations may, in particular— |
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| | | (a) | make provision of a kind similar to Part 3 of the Race Relations Order |
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| | | (discrimination on grounds of race, etc. other than in employment field) |
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| | | and Part 4 of that Order so far as it applies for the purposes of Part 3; |
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| | | (b) | define discrimination; |
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| | | (d) | make provision for enforcement (which may, in particular, include |
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| | | (i) | creating a criminal offence of a kind similar to, and with the same |
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| | | maximum penalties as, an offence created by the Race Relations |
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| | | (ii) | about validity and revision of contracts; |
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| | | (iii) | about discriminatory advertisements; |
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| | | (iv) | about instructing or causing discrimination or harassment); |
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| | | (e) | provide for exceptions (whether or not of a kind similar to those provided |
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| | | for by Part 6 of the Race Relations Order or any other enactment relating |
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| | | (f) | confer powers or impose duties or restrictions on the Equality |
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| | | Commission for Northern Ireland of a kind similar to those conferred or |
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| | | imposed on the Commission by Part 7 of the Race Relations Order; |
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| | | (g) | make provision which applies generally or only in specified cases or |
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| | | (h) | make different provision for different cases or circumstances; |
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| | | (i) | include incidental or consequential provision (which may include |
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| | | provision amending an enactment); |
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| | | (j) | include transitional provision. |
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| | | (4) | The power to make regulations under this section is exercisable by statutory rule |
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| | | for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ |
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| | | (5) | Regulations may not be made under this section unless a draft has been laid |
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| | | before and approved by resolution of the Northern Ireland Assembly. |
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| | | “the Race Relations Order” means the Race Relations (Northern Ireland) |
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| | | Order 1997 (SI 1997/ 869 (NI 6); |
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| | | “enactment” includes an enactment contained in or made under Northern |
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| | | Adaptations of rented housing in Scotland |
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| | To move the following Clause:— |
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| | | ‘(1) | In the Disability Discrimination Act 1995 (c. 50), the following shall be inserted |
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| | | after section 49H (conciliation of disputes about improvements to let dwelling |
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| | | houses in England and Wales)— |
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| | | “49I | Conciliation of disputes: rented housing in Scotland |
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| | | (1) | The Disability Rights Commission may make arrangements with any |
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| | | other person for the provision of conciliation services by, or by persons |
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| | | appointed by, that person in relation to a dispute of any description |
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| | | concerning the question whether— |
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| | | (a) | it is unreasonable for a landlord to withhold consent to the |
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| | | carrying out of any relevant work in relation to a house (within |
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| | | the meaning of the Housing (Scotland) Act 2005 (asp 00)) in |
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| | | (b) | any condition imposed by a landlord on consenting to the |
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| | | carrying out of any such work is unreasonable. |
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| | | (2) | Subsections (2) to (8) of section 28 apply for the purpose of this section |
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| | | as they apply for the purpose of that section and for that purpose a |
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| | | reference in that section to— |
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| | | (a) | a dispute arising under Part 3 is to be construed as a reference to |
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| | | a dispute mentioned in subsection (1), and |
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| | | (b) | arrangements under that section is to be construed as a reference |
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| | | to arrangements under subsection (1). |
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| | | (3) | In subsection (1), “relevant work”, in relation to a house, means work for |
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| | | the purpose of making the house suitable for the accommodation, welfare |
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| | | or employment of any disabled person who occupies, or intends to |
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| | | occupy, the house as a sole or main residence.”. |
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| | | (2) | In section 53A (codes of practice) of that Act— |
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| | | (a) | after subsection (1E) insert— |
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