Vote Bundle Text (960116-02)

*Amendments proposed to the Equality Bill [Lords], As Amended* - continued	House of Commons

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Public authorities and human rights

Sandra Gidley
Dr Evan Harris

NC6

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.'.

Provision for left-handed people

Rob Marris
Peter Luff

NC7

To move the following Clause:—

'In the Disability Discrimination Act 1995, after section 1(2) there is inserted—

Provision relating to height

Rob Marris

NC8

To move the following Clause:—

'In the Disability Discrimination Act 1995, after section 1(2) there is inserted—

Discrimination on grounds of gender reassignment

Lynne Jones
Dr Evan Harris
Mrs Eleanor Laing
Ms Katy Clark
Mr Tim Boswell
Sandra Gidley

Mr Dominic Grieve Mr Nicholas Brown Derek Wyatt

Mrs Janet Dean Mary Creagh Mr Anthony Wright

Angela Eagle Tony Lloyd Kate Hoey

Mr Eric Martlew Mr John Grogan Frank Cook

Dr Doug Naysmith Roger Berry Mr David Drew

Mr Chris Mullin Mr Gordon Prentice Jeremy Corbyn

Kali Mountford Laura Moffatt Dr Ian Gibson

Kelvin Hopkins John McDonnell Mr Andrew Dismore

John Austin Hugh Bayley Chris McCafferty

Mr Sadiq Khan

NC9

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 section (1) "gender reassignement" has the meaning given by subsection 36.

(3) The regulations may, in particular—

(a)	make provision of a kind similar to Part 2 of this Act;

(b)	define discrimination;

(c)	define harrassment;

(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 maximium 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 harrassment;

(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 apply generally or only in specified cases or circumstances;

(g)	make different provisions or 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 apprvoved by a resolution of each House of Parliament.

(5) In subsection (3) (h) "enactment" includes an enactment in or under an Act of the Scottish Parliament.'.

Guidance on the application of prohibition in relation to school transport

Dr Evan Harris

NC10

To move the following Clause:—

'(1) The Secretary of State shall issue guidance under this section setting out how the provisions of part 2 in relation to school transport shall be implemented.

(2) Such guidance under subsection (1) shall have particular regard to—

(a)	the obligations retained for all schools which are public authorities under the Human Rights Act 1998 to comply with the duty of non-discrimination irrespective of the exceptions which apply under this Act; and

(b)	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 in relation to school transport under sections 51 (2) (b) and 52 (4) (k) and (v).

(3) Part 2 of this Act shall not come into force until the guidance issued under subsection (1) has been issued.'.

Mr Patrick McLoughlin
Mr Dominic Grieve
Mrs Eleanor Laing

Page 6, line 2 [Clause 10], leave out 'particular.'.

Secretary Alan Johnson

Page 12, line 1 [Clause 21], leave out '24(1)(a).' and insert '24(1).'.

John McDonnell
Mrs Katy Clark
Mrs Linda Riordan
Kelvin Hopkins
Lynne Jones
Jeremy Corbyn

Page 18, line 44 [Clause 29], leave out from 'Commission' to end of line 45 and insert 'shall consider any application for assistance from an individual and may provide assistance if—'.

John McDonnell
Ms Katy Clark
Mrs Linda Riordan
Kelvin Hopkins
Lynne Jones
Jeremy Corbyn

Page 19, line 22 [Clause 29], at end insert—

'(ab)

case work aid;'.

Mr Patrick McLoughlin
Mr Dominic Grieve
Mrs Eleanor Laing

Page 19, line 25 [Clause 29], 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

Page 21, line 14 [Clause 31], at end insert—

'(2A) A person established by an Act of the Scottish Parliament and whose principal duties relate to human rights and are similar to any of the Commission's duties under section 9 shall be taken to have title and interest in relation to the subject matter of any legal proceedings in Scotland which it has capacity to institute, or in which it has capacity to intervene by virtue of subsection (1).'.

Lynne Jones
Dr Evan Harris
Mrs Eleanor Laing
Ms Katy Clark
Mr Tim Boswell
Sandra Gidley

Mr Dominic Grieve

*Page 24, line 15 [Clause 36], at end add—

' "gender reassignment" means an individual's gender representation when a person has proposed, commenced or completed reassignment of gender (within the meaning given in section 82(1) of the Sex Discrimination Act 1975 (c. 65).'.

John McDonnell
Ms Katy Clark
Mrs Linda Riordan
Kelvin Hopkins
Lynne Jones
Jeremy Corbyn

Page 26, line 20 [Clause 39], at end add—

'(iii)

all staff transferring to the Commission from the former Commissions shall be deemed to have continuity of service for the purposes of the Civil Service Compensation Scheme.'.

John McDonnell
Ms Katy Clark
Mrs Linda Riordan
Kelvin Hopkins
Lynne Jones
Jeremy Corbyn

Page 26, line 20 [Clause 39], at end add—

'(6) The protection afforded by the Transfer of Undertakings (Protection of Employment Regulations 1981 (S.I. 1981, No. 1794)) shall apply to all staff of the former Commissions whenever they join the Commission for Equality and Human Rights.'.

Mr Christopher Chope
Mr Eric Forth

Page 28, line 27 [Clause 44], after 'religious', insert ', political'.

Secretary Alan Johnson

That Clause 28 be transferred to the end of line 20 on page 28.

Mrs Eleanor Laing
Mr Dominic Grieve
Mr Patrick McLoughlin

Page 29, line 23 [Clause 45], leave out 'not in good faith.'.

Mr Edward Leigh

Page 30, line 1 [Clause 46], at end insert 'but not a boarding house with accomodation for under 12 persons where the owner or his near relatives reside on the premises,'.

Mrs Eleanor Laing
Mr Dominic Grieve
Mr Patrick McLoughlin

Page 30, line 13 [Clause 46], leave out 'reasonably.'.

Secretary Alan Johnson

Page 30, line 14 [Clause 46], leave out 'to refuse' and insert 'refusing'.

Mr Edward Leigh

*Page 31, line 13 [Clause 48], leave out 'six' and insert 'twelve'.

Mr Edward Leigh

Page 31, line 29 [Clause 42], at end add—

'(4) For the purposes of this part, "premises" shall include a boarding house or similar establishment with accomodation for under 12 persons.'.

Secretary Alan Johnson

Page 32, line 16 [Clause 50], leave out '49(1)' and insert '49(1)(a), (b) and (c)(i) and (ii)'.

Mrs Eleanor Laing
Mr Dominic Grieve
Mr Patrick McLoughlin