sc850812.95-101

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.Standing Committee Proceedings: 8th December 2005
95

Equality Bill–[ [], continued

“(1F)
The Commission may prepare and issue codes of practice giving

practical guidance to landlords and tenants of houses (within the

meaning of the Housing (Scotland) Act 2005 (asp 00)) in

Scotland as to—

(a)
circumstances in which the tenant requires the consent

of the landlord 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,

(b)
circumstances in which it is unreasonable to withhold

such consent,

(c)
circumstances in which any condition imposed on the

granting of such 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).”.

(b)
after subsection (4A) insert—

“(4B)
Where a draft code of practice under subsection (1F) is submitted

to the Secretary of State for approval, the Secretary of State must,

before deciding whether to approve it, consult the Scottish

Ministers.”.

(c)
after subsection (6A) insert—

“(6B)
Before appointing a day under subsection (6)(a) for the coming

into effect of a code of practice under subsection (1F), the

Secretary of State shall consult the Scottish Ministers.”

(d)
after subsection (8A) insert—

“(8B)
Subsection (8A) does not apply to a code of practice under

subsection (1F).”.

(3)
In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision of

assistance in relation to proceedings), in subsection (1), after paragraph (aa)

insert—

“(ab)
proceedings in Scotland of any description to the extent that the

question whether—

(i)
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)) in

Scotland 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

(ii)
any condition imposed by a landlord on consenting to

the carrying out of any such work is unreasonable,


falls to be considered in the proceedings,”.’.

S.C.A.Standing Committee Proceedings: 8th December 2005
96

Equality Bill–[ [], continued

Age discrimination: statutory duty of public authorities

Sandra Gidley

Dr Evan Harris

Not called  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.

S.C.A.Standing Committee Proceedings: 8th December 2005
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Equality Bill–[ [], continued

(8)
This section binds the Crown.’.

Age discrimination: specific duties of public authorities

Sandra Gidley

Dr Evan Harris

Not called  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

Not called  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).

S.C.A.Standing Committee Proceedings: 8th December 2005
98

Equality Bill–[ [], continued

(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

Not called  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—

S.C.A.Standing Committee Proceedings: 8th December 2005
99

Equality Bill–[ [], continued

(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

Not called  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

Withdrawn  NC8

To move the following Clause:—

S.C.A.Standing Committee Proceedings: 8th December 2005
100

Equality Bill–[ [], continued

‘(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

Withdrawn  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

Not called  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;

(c)
define harassment;

(d)
make provision for enforcement (which may, in particular, include

provision—

S.C.A.Standing Committee Proceedings: 8th December 2005
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Equality Bill–[ [], continued

(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

Withdrawn  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)”.’.