|
| |
|
| |
| |
| |
[AS AMENDED IN STANDING COMMITTEE A] |
| |
| |
Make provision for the establishment of the Commission for Equality and |
| |
Human Rights; to dissolve the Equal Opportunities Commission, the |
| |
Commission for Racial Equality and the Disability Rights Commission; to |
| |
make provision about discrimination on grounds of religion or belief; to |
| |
enable provision to be made about discrimination on grounds of sexual |
| |
orientation; to impose duties relating to sex discrimination on persons |
| |
performing public functions; to amend the Disability Discrimination Act 1995; |
| |
and for connected purposes. |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
The Commission for Equality and Human Rights |
| |
| |
| |
There shall be a body corporate known as the Commission for Equality and |
| 5 |
| |
| |
Schedule 1 (constitution of the Commission, proceedings, money, &c.) shall |
| |
| |
|
| |
| |
|
| |
|
| |
The Commission shall exercise its functions under this Part with a view to |
| |
encouraging and supporting the development of a society in which— |
| |
(a) | people’s ability to achieve their potential is not limited by prejudice or |
| |
| 5 |
(b) | there is respect for and protection of each individual’s human rights, |
| |
(c) | there is respect for the dignity and worth of each individual, |
| |
(d) | each individual has an equal opportunity to participate in society, and |
| |
(e) | there is mutual respect between groups based on understanding and |
| |
valuing of diversity and on shared respect for equality and human |
| 10 |
| |
| |
(1) | The Commission shall prepare a plan showing— |
| |
(a) | activities or classes of activity to be undertaken by the Commission in |
| |
pursuance of its functions under this Act, |
| 15 |
(b) | an expected timetable for each activity or class, and |
| |
(c) | priorities for different activities or classes, or principles to be applied in |
| |
| |
(2) | The Commission shall review the plan— |
| |
(a) | at least once during the period of three years beginning with its |
| 20 |
| |
(b) | at least once during each period of three years beginning with the |
| |
completion of a review, and |
| |
(c) | at such other times as the Commission thinks appropriate. |
| |
(3) | If the Commission thinks it appropriate as a result of a review, the Commission |
| 25 |
| |
(4) | The Commission shall send the plan and each revision to the Secretary of State, |
| |
who shall lay a copy before Parliament. |
| |
(5) | The Commission shall publish the plan and each revision. |
| |
5 | Strategic plan: consultation |
| 30 |
Before preparing or reviewing a plan in accordance with section 4 the |
| |
| |
(a) | consult such persons having knowledge or experience relevant to the |
| |
Commission’s functions as the Commission thinks appropriate, |
| |
(b) | consult such other persons as the Commission thinks appropriate, |
| 35 |
(c) | issue a general invitation to make representations, in a manner likely in |
| |
the Commission’s opinion to bring the invitation to the attention of as |
| |
large a class of persons who may to wish to make representations as is |
| |
reasonably practicable, and |
| |
(d) | take account of any representations made. |
| 40 |
| |
(1) | A person who is or was a Commissioner, an Investigating Commissioner, an |
| |
employee of the Commission or a member of a committee established by the |
| |
|
| |
|
| |
|
Commission commits an offence if he discloses information to which this |
| |
section applies unless subsection (3) authorises the disclosure. |
| |
(2) | This section applies to information acquired by the Commission— |
| |
(a) | by way of representations made in relation to, or otherwise in the |
| |
course of, an inquiry under section 16, |
| 5 |
(b) | by way of representations made in relation to, or otherwise in the |
| |
course of, an investigation under section 20, |
| |
(c) | by way of representations made in relation to, or otherwise in the |
| |
course of, an assessment under section 32, |
| |
(d) | by way of representations made in relation to, or otherwise in |
| 10 |
connection with, a notice under section 33, or |
| |
(e) | from a person with whom the Commission enters into, or considers |
| |
entering into, an agreement under section 23. |
| |
(3) | This subsection authorises a disclosure made— |
| |
(a) | for the purpose of the exercise of a function of the Commission under |
| 15 |
| |
(b) | in a report of an inquiry, investigation or assessment published by the |
| |
| |
(c) | in pursuance of an order of a court or tribunal, |
| |
(d) | with the consent of each person to whom the disclosed information |
| 20 |
| |
(e) | in a manner that ensures that no person to whom the disclosed |
| |
information relates can be identified, |
| |
(f) | for the purpose of civil or criminal proceedings to which the |
| |
| 25 |
(g) | if the information was acquired by the Commission more than 70 years |
| |
before the date of the disclosure. |
| |
(4) | But subsection (3) does not authorise, nor may the Commission make, a |
| |
disclosure of information provided by or relating to an intelligence service |
| |
unless the service has authorised the disclosure. |
| 30 |
(5) | In subsection (4) “intelligence service” means— |
| |
(a) | the Security Service, |
| |
(b) | the Secret Intelligence Service, and |
| |
(c) | the Government Communications Headquarters. |
| |
(6) | A person guilty of an offence under subsection (1) shall be liable on summary |
| 35 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
| |
(1) | The Commission shall not take human rights action in relation to a matter if the |
| |
Scottish Parliament has legislative competence to enable a person to take action |
| |
of that kind in relation to that matter. |
| 40 |
(2) | In subsection (1) “human rights action” means action taken— |
| |
(a) | in accordance with section 9(1), and |
| |
(b) | under, by virtue of or in pursuance of— |
| |
(i) | section 11(1) in so far as it relates to the Human Rights Act 1998 |
| |
| 45 |
(ii) | section 11(2)(c) or (d), |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 5 |
(3) | Despite section 9(4), the Commission shall not, in the course of fulfilling a duty |
| |
under section 8 or 10, consider the question whether a person’s human rights |
| |
have been contravened if the Scottish Parliament has legislative competence to |
| |
enable a person to consider that question. |
| |
(4) | Subsections (1) and (3) shall not prevent the Commission from taking action |
| 10 |
with the consent (whether general or specific) of a person if— |
| |
(a) | the person is established by Act of the Scottish Parliament, and |
| |
(b) | the person’s principal duties relate to human rights and are similar to |
| |
any of the Commission’s duties under section 9. |
| |
(5) | Subsections (1) and (3) shall not prevent the Commission from relying on |
| 15 |
section 13(1)(f) so as to act jointly or cooperate (but not assist) for a purpose |
| |
relating to human rights and connected with Scotland. |
| |
| |
| |
(1) | The Commission shall, by exercising the powers conferred by this Part— |
| 20 |
(a) | promote understanding of the importance of equality and diversity, |
| |
(b) | encourage good practice in relation to equality and diversity, |
| |
(c) | promote equality of opportunity, |
| |
(d) | promote awareness and understanding of rights under the equality |
| |
| 25 |
(e) | enforce the equality enactments, |
| |
(f) | work towards the elimination of unlawful discrimination, and |
| |
(g) | work towards the elimination of unlawful harassment. |
| |
| |
“diversity” means the fact that individuals are different, |
| 30 |
“equality” means equality between individuals, and |
| |
“unlawful” is to be construed in accordance with section 35. |
| |
(3) | In promoting equality of opportunity between disabled persons and others, the |
| |
Commission may, in particular, promote the favourable treatment of disabled |
| |
| 35 |
(4) | In this Part “disabled person” means a person who— |
| |
(a) | is a disabled person within the meaning of the Disability |
| |
Discrimination Act 1995 (c. 50), or |
| |
(b) | has been a disabled person within that meaning (whether or not at a |
| |
time when that Act had effect). |
| 40 |
| |
(1) | The Commission shall, by exercising the powers conferred by this Part— |
| |
|
| |
|
| |
|
(a) | promote understanding of the importance of human rights, |
| |
(b) | encourage good practice in relation to human rights, |
| |
(c) | promote awareness, understanding and protection of human rights, |
| |
| |
(d) | encourage public authorities to comply with section 6 of the Human |
| 5 |
Rights Act 1998 (c. 42) (compliance with Convention rights). |
| |
(2) | In this Part “human rights” means— |
| |
(a) | the Convention rights within the meaning given by section 1 of the |
| |
Human Rights Act 1998, and |
| |
| 10 |
(3) | In determining what action to take in pursuance of this section the Commission |
| |
shall have particular regard to the importance of exercising the powers |
| |
conferred by this Part in relation to the Convention rights. |
| |
(4) | In fulfilling a duty under section 8 or 10 the Commission shall take account of |
| |
any relevant human rights. |
| 15 |
(5) | A reference in this Part (including this section) to human rights does not |
| |
exclude any matter by reason only of its being a matter to which section 8 or 10 |
| |
| |
| |
(1) | The Commission shall, by exercising the powers conferred by this Part— |
| 20 |
(a) | promote understanding of the importance of good relations— |
| |
(i) | between members of different groups, and |
| |
(ii) | between members of groups and others, |
| |
(b) | encourage good practice in relation to relations— |
| |
(i) | between members of different groups, and |
| 25 |
(ii) | between members of groups and others, |
| |
(c) | work towards the elimination of prejudice against, hatred of and |
| |
hostility towards members of groups, and |
| |
(d) | work towards enabling members of groups to participate in society. |
| |
(2) | In this Part “group” means a group or class of persons who share a common |
| 30 |
attribute in respect of any of the following matters— |
| |
| |
| |
| |
(d) | proposed, commenced or completed reassignment of gender (within |
| 35 |
the meaning given by section 82(1) of the Sex Discrimination Act 1975 |
| |
| |
| |
(f) | religion or belief, and |
| |
| 40 |
(3) | For the purposes of this Part a reference to a group (as defined in subsection |
| |
(2)) includes a reference to a smaller group or smaller class, within a group, of |
| |
persons who share a common attribute (in addition to the attribute by |
| |
reference to which the group is defined) in respect of any of the matters |
| |
specified in subsection (2)(a) to (g). |
| 45 |
|
| |
|
| |
|
(4) | In determining what action to take in pursuance of this section the Commission |
| |
shall have particular regard to the importance of exercising the powers |
| |
conferred by this Part in relation to groups defined by reference to race, |
| |
| |
(5) | The Commission may, in taking action in pursuance of subsection (1) in respect |
| 5 |
of groups defined by reference to disability and others, promote or encourage |
| |
the favourable treatment of disabled persons. |
| |
(6) | The Secretary of State may by order amend the list in subsection (2) so as to— |
| |
| |
| 10 |
(7) | This section is without prejudice to the generality of section 8. |
| |
| |
(1) | The Commission shall monitor the effectiveness of the equality and human |
| |
| |
| 15 |
(a) | advise central government about the effectiveness of any of the equality |
| |
and human rights enactments; |
| |
(b) | recommend to central government the amendment, repeal, |
| |
consolidation (with or without amendments) or replication (with or |
| |
without amendments) of any of the equality and human rights |
| 20 |
| |
(c) | advise central or devolved government about the effect of an enactment |
| |
(including an enactment in or under an Act of the Scottish Parliament); |
| |
(d) | advise central or devolved government about the likely effect of a |
| |
| 25 |
| |
(a) | “central government” means Her Majesty’s Government, |
| |
(b) | “devolved government” means— |
| |
(i) | the Scottish Ministers, and |
| |
(ii) | the National Assembly for Wales, and |
| 30 |
(c) | a reference to the equality enactments shall be treated as including a |
| |
reference to any provision of this Act. |
| |
| |
(1) | The Commission shall from time to time identify— |
| |
(a) | changes in society that have occurred or are expected to occur and are |
| 35 |
relevant to the aim specified in section 3, |
| |
(b) | results at which to aim for the purpose of encouraging and supporting |
| |
the development of the society described in section 3 (“outcomes”), and |
| |
(c) | factors by reference to which progress towards those results may be |
| |
| 40 |
(2) | In identifying outcomes and indicators the Commission shall— |
| |
(a) | consult such persons having knowledge or experience relevant to the |
| |
Commission’s functions as the Commission thinks appropriate, |
| |
(b) | consult such other persons as the Commission thinks appropriate, |
| |
|
| |
|
| |
|
(c) | issue a general invitation to make representations, in a manner likely in |
| |
the Commission’s opinion to bring the invitation to the attention of as |
| |
large a class of persons who may to wish to make representations as is |
| |
reasonably practicable, and |
| |
(d) | take account of any representations made. |
| 5 |
(3) | The Commission shall from time to time monitor progress towards each |
| |
identified outcome by reference to any relevant identified indicator. |
| |
(4) | The Commission shall publish a report on progress towards the identified |
| |
outcomes by reference to the identified indicators— |
| |
(a) | within the period of three years beginning with the date on which this |
| 10 |
section comes into force, and |
| |
(b) | within each period of three years beginning with the date on which a |
| |
report is published under this subsection. |
| |
(5) | The Commission shall send each report to the Secretary of State, who shall lay |
| |
a copy before Parliament. |
| 15 |
| |
13 | Information, advice, &c. |
| |
(1) | In pursuance of its duties under sections 8 to 10 the Commission may— |
| |
(a) | publish or otherwise disseminate ideas or information; |
| |
| 20 |
(c) | provide education or training; |
| |
(d) | give advice or guidance (whether about the effect or operation of an |
| |
| |
(e) | arrange for a person to do anything within paragraphs (a) to (d); |
| |
(f) | act jointly with, co-operate with or assist a person doing anything |
| 25 |
within paragraphs (a) to (d). |
| |
(2) | The reference to giving advice in subsection (1)(d) does not include a reference |
| |
to preparing, or assisting in the preparation of, a document to be used for the |
| |
purpose of legal proceedings. |
| |
| 30 |
(1) | The Commission may issue a code of practice in connection with a matter |
| |
addressed by any of the following— |
| |
(a) | the Equal Pay Act 1970 (c. 41), |
| |
(b) | Parts 2 to 4 and section 76A of the Sex Discrimination Act 1975 (c. 65) or |
| |
an order under section 76B or 76C of that Act, |
| 35 |
(c) | Parts 2 to 4 and section 71 of the Race Relations Act 1976 (c. 74), |
| |
(d) | Parts 2 to 4 and 5A of the Disability Discrimination Act 1995 (c. 50) |
| |
except for sections 28D and 28E (accessibility in schools), |
| |
| |
(f) | regulations under Part 3 of this Act, |
| 40 |
(g) | Parts 2 and 3 of the Employment Equality (Sexual Orientation) |
| |
| |
(h) | Parts 2 and 3 of the Employment Equality (Religion or Belief) |
| |
| |
|
| |
|