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| | | “(3) | For the purposes of this Act the meaning of “disability” includes |
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| | | someone who’s height is greater than, or less than 95 per cent. of the |
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| | | average height of other people of the same age.”’. |
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| | | Discrimination on grounds of gender reassignment |
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| | Mrs Janet Dean Mary Creagh | Mr Anthony Wright |
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| | Angela Eagle Tony Lloyd | Kate Hoey |
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| | Mr Eric Martlew Mr John Grogan | Frank Cook |
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| | Dr Doug Naysmith Roger Berry | Mr David Drew |
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| | Mr Chris Mullin Mr Gordon Prentice | Jeremy Corbyn |
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| | Kali Mountford Laura Moffatt | Dr Ian Gibson |
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| | Kelvin Hopkins John McDonnell | Mr Andrew Dismore |
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| | John Austin Hugh Bayley | Chris McCafferty |
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| | | Negatived on division NC9 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may by regulations make provision about discrimination |
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| | | or harassment on grounds of gender reassignment. |
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| | | (2) | In section (1) “gender reassignement” has the meaning given by subsection 36. |
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| | | (3) | The regulations may, in particular— |
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| | | (a) | make provision of a kind similar to Part 2 of this Act; |
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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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| | | maximium penalties as, an offence created by an enactment |
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| | | relating to discrimination or equality, |
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| | | (ii) | about validity and revision of contracts, |
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| | | (iii) | about discriminatory advertisements, and |
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| | | (iv) | about instructing or causing discrimination or harrassment; |
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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 2 of this Act or any other enactment relating to discrimination |
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| | | (f) | make provisions which apply generally or only in specified cases or |
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| | | (g) | make different provisions or different cases or circumstances; |
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| | | (h) | include incidental or consequential provision (which may include |
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| | | provision for amending an enactment); |
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| | | (i) | include transitional provision. |
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| | | (a) | shall be made by statutory instrument, and |
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| | | (b) | may not be made unless a draft has been laid before and apprvoved by a |
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| | | resolution of each House of Parliament. |
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| | | (5) | In subsection (3) (h) “enactment” includes an enactment in or under an Act of the |
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| | | Guidance on the application of prohibition in relation to school transport |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall issue guidance under this section setting out how the |
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| | | provisions of part 2 in relation to school transport shall be implemented. |
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| | | (2) | Such guidance under subsection (1) shall have particular regard to— |
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| | | (a) | the obligations retained for all schools which are public authorities under |
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| | | the Human Rights Act 1998 to comply with the duty of non- |
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| | | discrimination irrespective of the exceptions which apply under this Act; |
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| | | (b) | the duty not to discriminate on the grounds of religion or belief and to |
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| | | carry out public functions with due regard to the Human Rights Act 1998 |
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| | | in relation to school transport under sections 51 (2) (b) and 52 (4) (k) and |
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| | | (3) | Part 2 of this Act shall not come into force until the guidance issued under |
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| | | subsection (1) has been issued.’. |
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| | Page 6, line 2 [Clause 10], leave out ‘particular.’. |
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| | Page 12, line 1 [Clause 21], leave out ‘24(1)(a).’ and insert ‘24(1).’. |
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| | Page 18, line 44 [Clause 29], leave out from ‘Commission’ to end of line 45 and |
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| | insert ‘shall consider any application for assistance from an individual and may provide |
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| | Page 19, line 22 [Clause 29], at end insert— |
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| | Page 19, line 25 [Clause 29], after ‘assistance’, insert ‘including, but not limited to, |
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| | meeting the costs of any other party to any legal proceedings in the event that the |
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| | individual assisted is not successful in his claim’. |
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| | Page 21, line 14 [Clause 31], at end insert— |
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| | | ‘(2A) | A person established by an Act of the Scottish Parliament and whose principal |
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| | | duties relate to human rights and are similar to any of the Commission’s duties |
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| | | under section 9 shall be taken to have title and interest in relation to the subject |
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| | | matter of any legal proceedings in Scotland which it has capacity to institute, or |
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| | | in which it has capacity to intervene by virtue of subsection (1).’. |
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| | Page 24, line 15 [Clause 36], at end add— |
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| | | ‘ “gender reassignment” means an individual’s gender representation when |
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| | | a person has proposed, commenced or completed reassignment of gender |
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| | | (within the meaning given in section 82(1) of the Sex Discrimination Act |
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| | Page 26, line 20 [Clause 39], at end add— |
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| | | ‘(iii) | all staff transferring to the Commission from the former |
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| | | Commissions shall be deemed to have continuity of service for |
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| | | the purposes of the Civil Service Compensation Scheme.’. |
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| | Page 26, line 20 [Clause 39], at end add— |
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| | | ‘(6) | The protection afforded by the Transfer of Undertakings (Protection of |
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| | | Employment Regulations 1981 (S.I. 1981, No. 1794)) shall apply to all staff of |
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| | | the former Commissions whenever they join the Commission for Equality and |
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| | Page 28, line 27 [Clause 44], after ‘religious’, insert ‘, political’. |
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| | That Clause 28 be transferred to the end of line 20 on page 28. |
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| | Page 29, line 23 [Clause 45], leave out ‘not in good faith.’. |
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| | Page 30, line 1 [Clause 46], at end insert ‘but not a boarding house with |
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| | accomodation for under 12 persons where the owner or his near relatives reside on the |
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| | Page 30, line 13 [Clause 46], leave out ‘reasonably.’. |
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| | Page 30, line 14 [Clause 46], leave out ‘to refuse’ and insert ‘refusing’. |
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| | Page 31, line 13 [Clause 48], leave out ‘six’ and insert ‘twelve’. |
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| | Page 31, line 29 [Clause 42], at end add— |
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| | | ‘(4) | For the purposes of this part, “premises” shall include a boarding house or similar |
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| | | establishment with accomodation for under 12 persons.’. |
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| | Page 32, line 16 [Clause 50], leave out ‘49(1)’ and insert ‘49(1)(a), (b) and (c)(i) |
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| | Page 35, line 44 [Clause 52], at end insert— |
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| | | ‘( ) | action in relation to the holding of acts of worship or other religious |
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| | | observance by or on behalf of the public authority.’. |
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| | Page 39, line 1 [Clause 57], leave out ‘imposed’ and insert ‘reasonably justified’. |
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| | Page 39, line 3 [Clause 57], leave out paragraph (b) and insert— |
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| | | ‘(b) | in order to avoid conflicting with the strongly held religious convictions |
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| | | or beliefs of a significant number of persons of the religion or belief to |
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| | | which the organisation relates.’. |
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| | Page 39, line 11 [Clause 57], at end add— |
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| | | ‘(7) | Nothing in this part shall make it unlawful for a member of an organisation in |
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| | | subsection (1) to provide goods and services solely to members of that |
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| | | organisation from which a profit may be derived.’. |
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| | Page 39, line 16 [Clause 58], leave out ‘imposed’ and insert ‘reasonably justified.’. |
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| | Page 39, line 34 [Clause 59], leave out ‘imposed’ and insert ‘reasonably justified’. |
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| | Page 39, line 36 [Clause 59], leave out paragraph (b) and insert— |
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| | | ‘(b) | in order to avoid conflicting with the strongly held religious convictions |
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| | | or beliefs of a significant number of persons of the religion or belief to |
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| | | which the institution relates.’. |
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| | Page 40, line 2 [Clause 60], after ‘charity’, insert ‘with an ethos based on religion |
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| | Page 40, line 11 [Clause 60], at end add— |
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| | | ‘(c) | it can demonstrate that it has an ethos based on religion or belief.’. |
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| | Page 46, line 27 [Clause 77], at end add— |
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| | | ‘(2) | For regulation 3(1)(a) of the Regulations substitute— |
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| | | “(a) | on the grounds of the religion or belief of B or of any other |
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| | | person except A (whether or not it is also A’s religion or belief) |
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| | | A treats B less favourably than he treats or would treat other |
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