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| For other Amendment(s) see the following page(s):
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| Equality Bill Committee 29-35 |
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| Clause 13, page 9, line 22, at end insert— |
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| | ‘(b) | less favourable treatment includes placing tighter restrictions on |
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| | expression related to religion or belief than on expression not related to |
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| | Member’s explanatory statement
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| | Makes clear that treating religious speech less favourably than non-religious speech is a form of |
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| | Freedom of religious speech |
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| To move the following Clause:— |
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| | ‘A public authority shall permit personal religious expression by those working |
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| | for the authority to the greatest extent possible, consistent with requirements of |
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| | law and the interests of workplace efficiency.’. |
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| | Member’s explanatory statement
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| | Imitates the wording of guidelines issued by President Bill Clinton in 1997 to protect religious free |
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| | speech in the federal workplace. |
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| Clause 18, page 13, line 23, at end insert— |
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| | ‘(4) | If the protected characteristic is religion or belief, for the purposes of subsection |
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| | (1), and subject to subsection (2), a provision, criterion or practice is |
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| | discriminatory if it requires persons of B’s religion or belief to act in a way which |
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| | contravenes the stated doctrinal or ethical teachings of the religion or belief.’. |
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| | Member’s explanatory statement
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| | Makes clear that requiring a person to act contrary to the accepted teachings of his or her religion |
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| | or belief is a form of indirect discrimination. N.B. Indirect discrimination is still permitted if it is |
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| | proportionate—see Clause 18(2)(d). |
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| Clause 24, page 17, line 27, leave out ‘or’ and insert ‘and’. |
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| Member’s explanatory statement
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| Raises the threshold in the definition of harassment in order to mirror the wording of EU Directive |
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| Schedule 3, page 150, line 6, leave out paragraph 1. |
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| Member’s explanatory statement
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| Parliament is exempt from the ban on discrimination, harassment and victimisation in the exercise |
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| of its public functions. This amendment would remove that exemption. |
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| Schedule 3, page 150, line 13, leave out paragraph 2. |
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| Member’s explanatory statement
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| Parliament’s legislative functions are exempt from the ban on discrimination, harassment and |
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| victimisation. This amendment would remove that exemption. |
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| Schedule 6, page 169, line 15, leave out paragraphs 2 and 3. |
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| Member’s explanatory statement
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| Political appointments, honours and peerages are exempt from the ban on discriminating against |
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| office-holders. this amendment would remove those exemptions. |
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| Schedule 9, page 181, line 41, leave out sub-paragraph (8) and insert— |
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| | ‘(8) | Employment is for the purposes of an organised religion if— |
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| | (a) | A has an ethos based on religion or belief, or |
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| | (b) | the employment wholly or mainly involves— |
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| | (i) | leading or assisting in the observation of liturgical or ritualistic |
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| | practices of the religion, or |
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| | (ii) | promoting or explaining the doctrine of the religion (whether to |
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| | followers of the religion or to others).’. |
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| | Member’s explanatory statement
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| | Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
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| | amendment would instead broaden the scope of the exceptions to benefit all religious |
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| Schedule 9, page 181, line 41, leave out sub-paragraph (8). |
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| Member’s explanatory statement
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| Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
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| amendment, in conjunction with the amendments to lines 33 and 37, retains the status quo. |
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| | Religious exception—employment |
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| To move the following Clause:— |
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| | ‘Nothing in this Act shall make it unlawful for any organisation whose purpose |
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| | is to advance the interests of persons who share a protected characteristic to |
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| | require that all employees support and adhere to that purpose.’. |
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| | Member’s explanatory statement
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| | Allows any organisation championing the rights of a protected group to require that all employees |
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| Schedule 9, page 181, line 33, leave out ‘proportionate’. |
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| Member’s explanatory statement
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| The addition of a new proportionality test narrows the scope of existing exceptions for religious |
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| employment. This amendment, in conjunction with the amendment to leave out sub-paragraph (8), |
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| Schedule 9, page 181, line 37, leave out ‘proportionate’. |
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| Member’s explanatory statement
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| The addition of a new proportionality test narrows the scope of existing exceptions for religious |
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| employment. This amendment, in conjunction with the Amendment to leave out sub-paragraph (8), |
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| Schedule 9, page 182, line 6, leave out from ‘requirement’ to ‘if’ and insert ‘to |
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| which sub-paragraph (2) applies’. |
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| Member’s explanatory statement
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| Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
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| framework. This would provide wider protection for the freedom of association of religious bodies. |
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| Schedule 9, page 182, line 13, at end insert— |
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| | ‘(2) | This sub-paragraph applies to— |
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| | (a) | a requirement to be of a particular religion or belief; |
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| | (b) | a requirement to be of a particular sex; |
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| | (c) | a requirement not to be a transsexual person; |
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| | (d) | a requirement not be married or a civil partner; |
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| | (e) | a requirement not to be married to, or the civil partner of, a person who |
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| | has a living former spouse or civil partner; |
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| | (f) | a requirement relating to circumstances in which a marriage or civil |
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| | partnership came to an end; |
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| | (g) | a requirement related to sexual orientation.’. |
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| | Member’s explanatory statement
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| | Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
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| | framework. This would provide wider protection for the freedom of association of religious bodies. |
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| Clause 143, page 105, line 31, leave out paragraph (a). |
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| Member’s explanatory statement
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| Removes the requirement on public authorities to ‘tackle prejudice’, which is not defined in the |
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| Clause 143, page 105, line 32, at end insert— |
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| | ‘(4A) | Having due regard to the need to foster good relations between persons who share |
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| | a relevant protected characteristic and persons who do not share it involves |
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| | ensuring a proper balance between the rights of persons who share a relevant |
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| | protected characteristic and the rights of persons who share a different relevant |
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| | protected characteristic.’. |
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| | Member’s explanatory statement
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| | Prevents public authorities using the public sector equality duty to favour the rights of one group |
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| Schedule 18, page 216, leave out lines 21 to 24. |
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| Member’s explanatory statement
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| The Commons, the Lords, the Scottish Parliament and the Welsh Assembly are exempt from the |
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| public sector equality duty. This amendment would remove those exemptions. |
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| Page 107, line 6, leave out Clause 145. |
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| Member’s explanatory statement
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| Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| require the Government to use primary legislation instead. |
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| Page 107, line 29, leave out Clause 146. |
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| Member’s explanatory statement
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| Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| require the Government to use primary legislation instead. |
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| Page 108, line 18, leave out Clause 147. |
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| Member’s explanatory statement
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| Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| require the Government to use primary legislation instead. |
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| Page 109, line 1, leave out Clause 148. |
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| Member’s explanatory statement
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| Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| require the Government to use primary legislation instead. |
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| Page 110, line 17, leave out Clause 149. |
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| Member’s explanatory statement
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| Removes all ministerial order-making powers related to the public sector equality duty. This would |
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| require the Government to use primary legislation instead. |
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| Schedule 23, page 235, line 17, leave out ‘or’. |
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| Member’s explanatory statement
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| Adds to the religious exceptions from the ban on goods and services discrimination. Would protect |
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| someone who provides services as a form of religious mission. In conjunction with the Amendment |
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| to line 20, would, for example, benefit a Christian bed and breakfast business where the |
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| proprietors’ goal is to share their faith with guests. |
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| Schedule 23, page 235, line 17, at end insert— |
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| | ‘(e) | to provide services as a means of advancing a religion or belief, or’. |
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| | Member’s explanatory statement
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| | Adds to the religious exceptions from the ban on goods and services discrimination. Would protect |
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| | someone who provides services as a form of religious mission. In conjunction with the Amendment |
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| | to line 20, would, for example, benefit a Christian bed and breakfast business where the |
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| | proprietors’ goal is to share their faith with guests. |
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| Schedule 23, page 235, line 20, leave out sub-paragraph (2). |
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| Member’s explanatory statement
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| Allows commercial religious bodies to benefit from exceptions covering religion and sexual |
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| orientation, so long as they also fit within paragraph 2(1). |
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| Schedule 23, page 236, line 18, leave out sub-paragraph (10). |
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| Member’s explanatory statement
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| Currently, religious groups that provide services on behalf of public authorities are allowed to |
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