House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

27

House of Commons

Tuesday 2 June 2009

Public Bill Committee

Equality Bill

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Tuesday 19 May (Standing Order No.

83C):

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

2 June) meet—

(a)
at 4.00 p.m. on Tuesday 2 June;

(b)
at 10.30 a.m. and 4.00 p.m. on Tuesday 9 June;

(c)
at 9.00 a.m. and 1.00 p.m. on Thursday 11 June;

(d)
at 10.30 a.m. and 4.00 p.m. on Tuesday 16 June;

(e)
at 9.00 a.m. and 1.00 p.m. on Thursday 18 June;

(f)
at 10.30 a.m. and 4.00 p.m. on Tuesday 23 June;

(g)
at 9.00 a.m. and 1.00 p.m. on Thursday 25 June;

(h)
at 10.30 a.m. and 4.00 p.m. on Tuesday 30 June;

(i)
at 9.00 a.m. and 1.00 p.m. on Thursday 2 July;

(j)
at 10.30 a.m. and 4.00 p.m. on Tuesday 7 July;

(2)
the Committee shall hear oral evidence in accordance with the following

Table—

Date
Time
Witness

Tuesday 2 June
Until no later
Equality and Diversity Forum

than 12 noon
Equality and Human Rights

  Commission

Employment Tribunals Service

Tuesday 2 June
Until no later
Help the Aged and Age Concern

than 1.00 pm
Children’s Rights Alliance

Disability Charities Consortium

RADAR

Carers UK

Tuesday 2 June
Until no later
Stonewall

than 5.00 pm
Gender Identity Research and

  Education Society

Runnymede Trust

Race on the Agenda

Tuesday 2 June
Until no later
Fawcett Society

than 6.00 pm
Women’s National Commission

Women Like Us

Tuesday 9 June
Until no later
British Humanist Association

than 11.30 am
General Synod of the Church of

  England

Catholic Bishops Conference

Sufi Muslim Council

Tuesday 9 June
Until no later
Confederation of British Industry

than 12.30 pm
Association of British Insurers

Federation of Small Businesses

Chartered Institute of Personnel

  and Development

Trades Union Congress

Tuesday 9 June
Until no later
Government Equalities Office

than 6.00 pm

Public Bill Committee: 2 June 2009
28

Equality Bill, continued

(3)
the proceedings on consideration of the Bill in Committee shall be taken in

the following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 29; Schedules 2

and 3; Clauses 30 to 35; Schedules 4 and 5; Clauses 36 to 49; Schedule 6;

Clauses 50 to 75; Schedule 7; Clauses 76 to 78; Schedules 8 and 9; Clauses

79 to 83; Schedule 10; Clause 84; Schedule 11; Clauses 85 to 89; Schedule

12; Clauses 90 to 93; Schedule 13; Clause 94; Schedule 14; Clauses 95 to

101; Schedules 15 and 16; Clauses 102 to 110; Schedule 17; Clauses 111 to

143; Schedule 18; Clause 144; Schedule 19; Clauses 145 to 179; Schedule 20;

Clauses 180 to 182; Schedule 21; Clauses 183 and 184; Schedule 22; Clauses

185 to 189; Schedule 23; Clauses 190 and 191; Schedule 24; Clauses 192 and

193; Schedule 25; Clauses 194 to 198; Schedules 26 and 27; Clauses 199 to

201; Schedule 28; Clauses 202 to 205; new Clauses; new Schedules;

remaining proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 7 July.

The Solicitor General has given notice of her intention to move a motion in the terms

of the Resolution of the Programming Sub-Committee [Standing Order No. 83C(9)].

The Programming Sub-Committee is expected to agree a revised Resolution at its

meeting on Tuesday 2 June.

Public Bill Committee: 2 June 2009
29

Equality Bill, continued

The Solicitor General

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

The Solicitor General

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Mr Mark Harper

John Penrose

Mr John Baron

35

Clause  1,  page  1,  line  26,  leave out subsections (2) to (7).

Mr Mark Harper

John Penrose

Mr John Baron

2

Clause  1,  page  1,  line  29,  leave out subsection (3) and insert—

‘(3)
A Minister of the Crown may by regulations list public authorities to which this

section applies.’.

Mr Mark Harper

John Penrose

Mr John Baron

4

Clause  1,  page  2,  line  18,  leave out subsection (4).

Mr Mark Harper

John Penrose

Mr John Baron

1

Page  1,  line  21,  leave out Clause 1.

Mr Mark Harper

John Penrose

Mr John Baron

3

Page  2,  line  39,  leave out Clause 2.

Public Bill Committee: 2 June 2009
30

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

5

Page  3,  line  37,  leave out Clause 3.

Mr Mark Harper

John Penrose

Mr John Baron

6

Clause  4,  page  4,  line  11,  at end insert ‘or paternity’.

Mr Mark Harper

John Penrose

Mr John Baron

7

Clause  13,  page  9,  line  5,  leave out ‘because of’ and insert ‘on grounds of’.

Mr Mark Harper

John Penrose

Mr John Baron

8

Clause  14,  page  10,  line  5,  leave out paragraph (c).

Mr Mark Harper

John Penrose

Mr John Baron

9

Clause  18,  page  13,  leave out line 17.

Mr Mark Harper

John Penrose

Mr John Baron

10

Clause  26,  page  19,  line  3,  leave out paragraph (a).

Public Bill Committee: 2 June 2009
31

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

11

Clause  30,  page  22,  line  6,  leave out paragraph (a).

Mr Mark Harper

John Penrose

Mr John Baron

28

Clause  73,  page  55,  line  14,  leave out ‘by regulations’ and insert ‘not’.

Mr Mark Harper

John Penrose

Mr John Baron

15

Clause  73,  page  55,  line  17,  at end insert ‘and

(b)
employees who have a disability and employees who do not have a

disability.’.

Mr Mark Harper

John Penrose

Mr John Baron

14

Clause  73,  page  55,  line  19,  at end insert—

‘( )
the Armed Forces;

( )
the Security Service, the Secret Intelligence Service or the Government

Communications Headquarters;’.

Mr Mark Harper

John Penrose

Mr John Baron

13

Clause  73,  page  55,  line  20,  leave out paragraph (b).

Mr Mark Harper

John Penrose

Mr John Baron

12

Page  55,  line  13,  leave out Clause 73.

Mr Mark Harper

John Penrose

Mr John Baron

16

Clause  118,  page  85,  line  28,  leave out paragraph (c).

Public Bill Committee: 2 June 2009
32

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

17

Clause  118,  page  85,  line  29,  leave out subsection (3) and insert—

‘(3)
In the event that an employment tribunal finds that an employer has contravened

a term modified or included by an equality clause, the employer shall be required

to undertake an audit, to be known as an equal pay audit, and to make the results

of the audit available in a manner prescribed in regulations made by the Secretary

of State.’.

Mr Mark Harper

John Penrose

Mr John Baron

18

Clause  118,  page  86,  line  8,  leave out subsection (7).

Mr Mark Harper

John Penrose

Mr John Baron

19

Clause  143,  page  105,  line  14,  at beginning insert ‘Subsection (1) will also apply

to’.

Mr Mark Harper

John Penrose

Mr John Baron

20

Clause  143,  page  105,  leave out lines 15 and 16 and insert ‘except in relation to matters

of employment’.

Mr Mark Harper

John Penrose

Mr John Baron

21

Clause  143,  page  105,  line  35,  at end insert—

‘(5A)
A public authority must collect and publish data annually showing, in the exercise

of its functions, the extent to which it has succeeded in meeting the requirements

under subsection (1).’.

Mr Mark Harper

John Penrose

Mr John Baron

22

Clause  147,  page  108,  line  27,  at end insert—

‘(5)
Before regulations are made under this section, there must be laid before both

Houses of Parliament—

(a)
draft regulations, and

Public Bill Committee: 2 June 2009
33

Equality Bill, continued

(b)
evidence that the regulations will enable the better performance by public

authorities of the duty imposed by subsection (1).’.

Mr Mark Harper

John Penrose

Mr John Baron

29

Clause  153,  page  113,  line  2,  leave out ‘reasonably thinks’ and insert ‘can

demonstrate’.

Mr Mark Harper

John Penrose

Mr John Baron

23

Clause  153,  page  113,  line  16,  leave out ‘as qualified as’ and insert ‘equally

qualified to’.

Mr Mark Harper

John Penrose

Mr John Baron

24

Page  113,  line  1,  leave out Clause 153.

Mr Mark Harper

John Penrose

Mr John Baron

30

Clause  190,  page  135,  line  23,  at end insert—

‘(5)
An order under subsection (1) may only be made if the Minister can demonstrate

that persons of a specified age are being discriminated against for no legitimate

reason.’.

Mr Mark Harper

John Penrose

Mr John Baron

25

Page  135,  line  9,  leave out Clause 190.

Mr Mark Harper

John Penrose

Mr John Baron

31

Clause  191,  page  136,  line  4,  leave out ‘thinks’ and insert ‘can demonstrate’.