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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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| Clause 151, page 111, line 8, after ‘person’, insert ‘other than the Assembly |
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| | Member’s explanatory statement
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| | This amendment would provide for the National Assembly for Wales Commission not to be a |
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| | “relevant Welsh authority”; accordingly, a Minister of the Crown (not the Welsh Ministers) would |
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| | have power to make an order to add the Commission to Schedule 19 or to impose specific duties |
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| Clause 151, page 111, line 12, after ‘authority’, insert ‘or the Assembly |
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| | Member’s explanatory statement
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| | This amendment would provide for the National Assembly for Wales Commission not to be a |
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| | “relevant cross-border authority”; accordingly, a Minister of the Crown (not the Welsh Ministers) |
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| | would have power to make an order to add the Commission to Schedule 19 or to impose specific |
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| Clause 151, page 111, line 14, at end insert— |
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| | ‘( ) | The Assembly Commission has the same meaning as in the Government of Wales |
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| | Member’s explanatory statement
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| | This amendment would define “the Assembly Commission” in amendments 84 and 85 as the |
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| | National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru. |
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| Clause 153, page 113, line 2, leave out ‘reasonably thinks’ and insert ‘can |
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| Clause 153, page 113, line 16, leave out ‘as qualified as’ and insert ‘equally |
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| Page 113, line 1, leave out Clause 153. |
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| Clause 175, page 127, line 38, leave out ‘194(3)(a)’ and insert ‘194(4)(a)’. |
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| | Member’s explanatory statement
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| | This amendment would correct a cross-reference. The correct reference is to the power of the |
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| | Secretary of State to make different provision in regulations for different purposes. The incorrect |
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| | reference relates to sex discrimination in schools. |
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| Schedule 22, page 233, line 42, at end insert— |
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| | ‘( ) | a college of further education within the meaning of section 36 of the |
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| | Further and Higher Education (Scotland) Act 1992; |
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| | ( ) | a university in Scotland;’. |
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| | Member’s explanatory statement
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| | This amendment would ensure that the exception to Part 5 in paragraph 3(1) of Schedule 22 will |
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| | apply to institutions providing further and higher education in Scotland and that an order may be |
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| | made under paragraph 3(5) in respect of such institutions. |
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| Clause 188, page 134, line 26, leave out ‘reassignment’ and insert ‘identity’. |
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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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| | Religious groups that provide services on behalf of public authorities (e.g. Roman Catholic |
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| | adoption agencies) are allowed to discriminate on grounds of religion but not sexual orientation, |
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| | the amendment would allow religious groups to discriminate on grounds of sexual orientation |
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| | where they can show their faith requires it. |
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| Clause 190, page 135, line 23, at end insert— |
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| | ‘(5) | An order under subsection (1) may only be made if the Minister can demonstrate |
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| | that persons of a specified age are being discriminated against for no legitimate |
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| Clause 190, page 135, line 23, at end add— |
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| | ‘(5) | All orders under this section shall be made within six months of Royal Assent.’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment would be to limit the time available to Ministers of the Crown to |
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| | make orders detailing the exemptions to the general principle of non-discrimination on the basis |
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| | of age in the provision of goods, facilities and services. |
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| Page 135, line 9, leave out Clause 190. |
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| Clause 191, page 136, line 4, leave out ‘thinks’ and insert ‘can demonstrate’. |
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| Clause 191, page 136, line 9, leave out ‘thinks’ and insert ‘can demonstrate’. |
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| Clause 191, page 136, line 16, leave out ‘thinks’ and insert ‘can demonstrate’. |
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| Clause 191, page 136, line 23, leave out ‘thinks’ and insert ‘can demonstrate’. |
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| Page 136, line 1, leave out Clause 191. |
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| Clause 195, page 138, line 44, at end insert— |
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| | ‘(i) | regulations under section 21 (regulations).’. |
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| | Member’s explanatory statement
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| | An amendment to require regulations in relation to reasonable adjustment to be made under the |
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| Clause 199, page 141, line 43, after ‘“Employer”,’, insert ‘“deferred member”,’. |
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| | Member’s explanatory statement
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| | See explanatory statement for amendment 65. |
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| Clause 199, page 142, line 2, at end insert— |
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| | ‘( ) | Nothing in section 26, 30, 79, 85, 90 or 95 is to be regarded as an express |
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| | |
| | Member’s explanatory statement
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| | This amendment would clarify that a provision specifying when a particular Part of the Bill, or |
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| | Chapter of a Part, does or does not apply is not to be regarded as an express exception. |
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| | Non-discrimination alterations |
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| To move the following Clause:— |
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| | ‘(1) | This section applies if the trustees or managers of an occupational pension |
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| | scheme do not have power to make non-discrimination alterations to the scheme. |
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| | (2) | This section also applies if the trustees or managers of an occupational pension |
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| | scheme have power to make non-discrimination alterations to the scheme but the |
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| | |
| | (a) | is liable to be unduly complex or protracted, or |
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| | (b) | involves obtaining consents which cannot be obtained or which can be |
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| | obtained only with undue delay or difficulty. |
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| | (3) | The trustees or managers may by resolution make non-discrimination alterations |
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| | |
| | (4) | Non-discrimination alterations may have effect in relation to a period before the |
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| | date on which they are made. |
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| | (5) | Non-discrimination alterations to an occupational pension scheme are such |
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| | alterations to the scheme as may be required for the provisions of the scheme to |
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| | have the effect that they have in consequence of section 57(3).’. |
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| | Member’s explanatory statement
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| | This amendment would ensure that trustees and managers of occupational pension schemes have |
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| | power to amend scheme documentation so that it conforms to the provisions of the scheme as they |
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| | have effect after the operation of the non-discrimination rule. |
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| To move the following Clause:— |
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| | ‘(1) | The Dean Forest (Mines) Act 1838 is amended as follows. |
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| | (2) | In section XIV (Who shall be deemed Free Miners), line 1, leave out “male”. |
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| | (3) | In section XV (Quarrymen to be deemed Free Miners for certain purposes), line |
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| | |
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| | Mental Health Act 1983: Members of Parliament |
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| To move the following Clause:— |
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| | ‘(1) | The Mental Health Act 1983 is amended as follows. |
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| | (2) | Subsections (2) to (7) of section 141 of the Mental Health Act 1983 are deleted.’. |
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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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| | Power for the Commission to conduct joint inquiries |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Equality Act 2006 is amended as follows. |
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| | (2) | In section 16, after subsection (4), insert— |
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| | “(4A) | The Commission may conduct an inquiry under subsection (1) jointly |
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| | with one or more other public authorities when— |
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| | (a) | the other authority or authorities have comparable inquiry |
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| | |
| | (b) | the matter which is the subject of the inquiry is also a matter |
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| | within the responsibilities of the other authority or authorities.”’. |
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| |
| | Reasonable adjustments for babies and infants |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by regulations make provision as to a duty on |
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| | providers of public services, where a physical feature puts a baby or infant aged |
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| | under 5 at a substantial disadvantage in relation to a relevant matter in comparison |
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| | with persons of other ages, to take such steps as it is reasonable to have to take to |
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| | |
| | (2) | A reference in this section to a physical feature is a reference to— |
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| | (a) | a feature arising from the design or construction of a building; |
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| | (b) | a feature of an approach to, exit from or access to a building; |
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| | (c) | a fixture or fitting, or furniture, furnishings, materials, equipment or other |
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| | chattels, in or on premises or a vehicle; |
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| | (d) | a feature arising from the design of a vehicle; |
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| | (e) | a feature of an exit from or access to a vehicle; |
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| | (f) | any other physical element or quality. |
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| | (3) | Any reference in this section to chattels is to be read, in relation to Scotland, as a |
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| | reference to moveable property.’. |
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| To move the following Clause:— |
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|