House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

1113

House of Commons

Notices of Amendments

given on

Tuesday 7 July 2009

Consideration of Bill

Equality Bill, As Amended

Royal marriages (prevention of religious discrimination)

Dr Evan Harris

NC1

To move the following Clause:—

‘(1)
The Bill of Rights (1688 1 Will. & Mar. Sess. 2 c. 2) is amended as follows.

(2)
In section 1, the paragraph starting “Upon which their said Majestyes did accepte

the crowne”, omit the words “or shall marry a papist” and “or marrying”.

(3)
The Act of Settlement 1700 is amended as follows.

(4)
In section 2 (The persons inheritable by this Act, holding communion with the

church of Rome, incapacitated as by the former Act, to take the oath at their

coronation, according to Stat 1, W & M c. 6), omit the words “or shall marry a

papist”.

(5)
The Union with Scotland Act 1706 (c. 11) is amended as follows.

(6)
In Article II (succession to the monarchy), omit the words “and persons marrying

papists” and the words “or person marrying a papist”.

(7)
The Union with England Act 1707 (c. 7) is amended as follows.

(8)
In Article II, omit the words “and persons marrying papists” and the words “or

person marrying a papist”.

(9)
The Royal Marriages Act 1772 (c. 11) is repealed.

(10)
Within one year of Royal Assent to this Act the Secretary of State shall consult

governments of constitutional monarchies under Her Majesty within the

Commonwealth on the provisions of this section.

(11)
Subject to subsection (14), this section comes into force on such a day as the

Secretary of State may by order appoint.

(12)
No order may be made under this section before the Secretary of State has carried

out consultations pursuant to subsection (10).

(13)
For the avoidance of doubt this section does not affect the validity of any

succession to the Crown which occurred before the date on which this section

comes into force.

Notices of Amendments: 7 July 2009
1114

Equality Bill, continued

(14)
This section affects the order of succession to the Crown in the event of the death

of Her present Majesty.

(15)
The Secretary of State shall make an order under this section within three years

of Royal Assent to this Act.

(16)
This section extends to the United Kingdom only.’.

Succession to the Crown (prevention of sex discrimination)

Dr Evan Harris

Lynne Featherstone

NC2

To move the following Clause:—

‘(1)
In determining the line of succession to the Crown and to all rights, privileges and

dignities belonging thereto, no account shall be taken of gender, notwithstanding

any previous custom or rule of law to the contrary.

(2)
This section is subject to the Act of Settlement 1700.

(3)
Within one year of Royal Assent to this Act the Secretary of State shall consult

governments of constitutional monarchies under Her Majesty within the

Commonwealth on the provisions of this section.

(4)
Subject to subsection (7), this section comes into force on such a day as the

Secretary of State may by order appoint.

(5)
No order may be made under this section before the Secretary of State has carried

out consultations pursuant to subsection (3).

(6)
For the avoidance of doubt this section does not affect the validity of any

succession to the Crown which occurred before the date on which this section

comes into force.

(7)
This section affects the order of succession to the Crown in the event of the death

of Her present Majesty.

(8)
The Secretary of State shall make an order under this section within three years

of Royal Assent to this Act.

(9)
This section extends to the United Kingdom only.’.

Mandatory pay audits

Lynne Featherstone

Dr Evan Harris

John McDonnell

NC3

To move the following Clause:—

‘(1)
Within six months of the day on which this Act is passed the Secretary of State

shall by regulations require designated employers to conduct a pay audit and to

publish information relating to the pay of its employees for the purpose of

showing whether there are differences in the pay of male and female employees.

(2)
Without prejudice to the generality of subsection (1) regulations made pursuant

to subsection (1) shall require designated employers to publish information

including—

(a)
the average hourly pay of male workers and the average hourly pay of

female workers within its employment;

(b)
in respect of each role within the organisation—

(i)
the average pay awarded to workers engaged in the role;

Notices of Amendments: 7 July 2009
1115

Equality Bill, continued

(ii)
the percentage of men and women engaged in that role;

(iii)
the gap, if any, between the average hourly pay of male and

female employees in that role; and

(iv)
the average length of service of men and women engaged in that

role; and

(c)
information identifying—

(i)
any description of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly women;

(ii)
any descriptions of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly men;

(iii)
the relative values of the descriptions of activities falling within

paragraph (c)(i) and paragraph (c)(ii); and

(iv)
in relation to descriptions of activities within subsection (c)(i)

and subsection (c)(ii) which are judged to be of equal value to

each other, the average hourly pay of male workers and average

hourly pay of female workers carrying on those activities.

(3)
For the purposes of this section, “pay” means the ordinary basic or minimum

wage or salary and any other consideration, whether in cash or kind, which the

worker receives directly or indirectly, in respect of his employment, from his

employer and includes the cost to the employer of—

(a)
any pensions contributions paid by the employer in respect of the worker,

(b)
any bonus or other performance related or incentive payment, and

(c)
any discretionary benefit granted to a worker in connection with his or

her employment.

(4)
Without prejudice to the generality of subsection (1) regulations made pursuant

to that subsection shall specify the process which an employer must follow in

conducting a pay audit, the form in which the information must be published, and

the degree and means of publicity to be made.

(5)
In making regulations pursuant to subsection (1) the Secretary of State shall adopt

best practice for promoting awareness of the nature and causes of any pay gap

between persons of different genders as set out by the International Labour

Organisation from time to time.

(6)
The Secretary of State shall consult with the Equality and Human Rights

Commission as to how to ensure that the regulations shall reflect best practice

prior to the making of the first regulations and no less than every five years

thereafter and shall amend the regulations as necessary to ensure that best practice

is maintained.

(7)
Without prejudice to the generality of subsection (1) regulations made pursuant

to that subsection shall provide that where an employer fails to publish

information as required by regulations made pursuant to subsection (1) an

employer shall not be entitled to submit a material factor defence in accordance

with section 64 in relation to any period for which they are in breach of their

obligations under those regulations.

(8)
Where the information published by an employer reveals that there is a difference

in the average pay of men and women doing relevant types of work as set out in

section 59, then in any proceedings to enforce a sex equality rule or sex equality

clause it shall be presumed that there is such a breach unless the employer can

show a material factor defence.

(9)
Regulations made pursuant to subsection (1) may make provision for a failure to

comply with the regulations—

(a)
to be an offence punishable on summary conviction by a fine not

exceeding level 5 on the standard scale;

Notices of Amendments: 7 July 2009
1116

Equality Bill, continued

(b)
to be enforced, otherwise than as an offence, by such means as is

prescribed.

(10)
The reference to a failure to comply with the regulations includes a reference to

a failure by a person acting on behalf of an employer.

(11)
Regulations made pursuant to subsection (1) shall provide that an employer must

conduct a pay audit and publish information relating to the pay of its employees

within six months of the coming into force of the regulations.

(12)
Regulations made pursuant to subsection (1) shall provide that where an

employer (A) is able to determine the terms and conditions of employment as

between another employer (B) and its employees, A shall publish the information

that B would otherwise be required to publish in a way which is consolidated with

the information for all other employees of A whose terms and conditions A may

determine, and where A publishes consolidated information B shall not be in

breach of those regulations if it does not publish any information.

(13)
A designated employer means an employer who has more than 100 employees.

(14)
Regulations made pursuant to subsection (1) shall require designated employers

publishing information in relation to the average hourly pay of employees to

specify how much of the hourly rate constitutes ordinary basic or minimum wage

or salary and how much, if any, constitutes other consideration and to specify the

types and amounts of any such other consideration.’.

Representative actions in equal pay claims

Lynne Featherstone

Dr Evan Harris

John McDonnell

NC4

To move the following Clause:—

‘(1)
The Secretary of State must make regulations to permit the Equality and Human

Rights Commission or a registered trade union to apply to a court or tribunal as

appropriate for a representative action order in relation to a defined class of

persons (“the class”) who would benefit from the litigation of rights, or common

issues in relation to rights that members of the class may have as a result of the

provisions of this Act.

(2)
The regulations shall make rules in relation to the making and termination of a

representative action order and its conduct.

(3)
Such rules shall provide for hearings to be conducted in private when it is

necessary for the issues between the members of the class and the Equality and

Human Rights Commission or a registered trade union to be resolved and those

issues are subject to legal professional privilege shared by members of the class.

(4)
Such rules shall make provision for the hearing of any issue as defined in

subsection (3) to be undertaken and managed by a different judge or tribunal from

the judge and tribunal that have the responsibility for determining the rights or

common issue in relation to rights, of the member class.’.

Hypothetical comparisons in equal pay cases

Lynne Featherstone

Dr Evan Harris

NC5

To move the following Clause:—

Notices of Amendments: 7 July 2009
1117

Equality Bill, continued

‘(1)
To the extent set out in subsections (2) and (3), sections 61 to 64 apply where a

person (A) does not have a colleague (B) who does work that falls within section

59, because there is no such person of the opposite sex to A.

(2)
The provisions of section 61 will apply to the extent that a term of A’s is less

favourable than a corresponding term of B would be, or that A does not have a

term which B would have.

(3)
The provisions of section 62 will apply to the extent that a term of A’s is less

favourable than a corresponding term of B would be, or if a discretion in relation

to A is capable of being exercised in a way which is less favourable than it would

be in relation to B.’.

Defence of material factor (No. 2)

Lynne Featherstone

Dr Evan Harris

NC6

To move the following Clause:—

‘(1)
The sex equality clause in A’s terms has no effect in relation to a difference

between A’s terms and B’s terms if the responsible person shows that the

difference is because of a material factor—

(a)
which does not constitute discrimination because of sex within the

meaning of section 13, and

(b)
if the factor puts or would put A and persons of the same sex as A at a

particular disadvantage when compared with persons of the opposite sex,

reliance upon that factor is shown by the responsible person to be

objectively justified by a legitimate aim and appropriate and necessary to

the achievement of that aim.

(2)
A sex equality rule has no effect in relation to a difference between A and B in

the effect of a relevant matter if the trustees or managers of the scheme in question

show that the difference is because of a material factor which—

(a)
does not constitute discrimination because of sex within the meaning of

section 13, and

(b)
if the factor puts or would put A and persons of the same sex as A at a

particular disadvantage when compared with persons of the opposite sex,

reliance upon that factor is shown by the responsible person to be

objectively justified by a legitimate aim and appropriate and necessary to

the achievement of that aim.

(3)
“Relevant matter” has the meaning given in section 62.

(4)
For the purposes of this section, a factor is not material unless it is a material

difference between A’s case and B’s.’.

Lynne Featherstone

Dr Evan Harris

1

Page  49,  line  1,  leave out Clause 64.

Harassment (sexual orientation)—education and services and public functions

Dr Evan Harris

Lynne Featherstone

NC7

To move the following Clause:—

Notices of Amendments: 7 July 2009
1118

Equality Bill, continued

‘(1)
A person (A) harasses another (B) if A engages in unwanted conduct related to a

relevant protected characteristic which has the purpose or effect mentioned in

subsection (2).

(2)
The purpose or effect is—

(a)
violating B’s dignity, and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(3)
In deciding whether conduct has that effect, each of the following must be taken

into account—

(a)
the perception of B;

(b)
the other circumstances of the case;

(c)
whether it is reasonable for the conduct to have that effect.

(4)
The relevant protected characteristic is sexual orientation.

(5)
This section applies to—

(a)
Part 3 (services and public functions) where the service or public function

is carried out by a public authority, or on behalf of a public authority,

under the terms of a contract with a public authority, or is otherwise a

function of a public nature, and

(b)
Part 6 (education).’.

Harassment (gender reassignment)—education

Dr Evan Harris

Lynne Featherstone

NC8

To move the following Clause:—

‘(1)
A person (A) harasses another (B) if—

(a)
A engages in unwanted conduct related to a relevant protected

characteristic which has the purpose or effect mentioned in subsection

(2),

(b)
A engages in any form of unwanted verbal, non-verbal or physical

conduct of a sexual nature that has that purpose or effect, or

(c)
because of B’s rejection of or submission to conduct (whether or not of

A), A treats B less favourably than A would treat B if B had not rejected

or submitted to the conduct.

(2)
The purpose or effect is—

(a)
violating B’s dignity, and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(3)
In deciding whether conduct has that effect, each of the following must be taken

into account—

(a)
the perception of B;

(b)
the other circumstances of the case;

(c)
whether it is reasonable for the conduct to have that effect.

(4)
For the purposes of subsection (1)(c), the conduct is—

(a)
conduct mentioned in subsection (1)(a), or

(b)
conduct mentioned in subsection (1)(b).

(5)
The relevant protected characteristic is gender reassignment.

(6)
This section applies to Part 6 (education).’.

Notices of Amendments: 7 July 2009
1119

Equality Bill, continued

Harassment (religion or belief)—education and services and public functions

Dr Evan Harris

Lynne Featherstone

NC9

To move the following Clause:—

‘(1)
A person (A) harasses another (B) if A engages in unwanted conduct related to a

relevant protected characteristic which has the purpose or effect mentioned in

subsection (2).

(2)
The purpose or effect is—

(a)
violating B’s dignity, and

(b)
creating an intimidating, hostile, degrading or humiliating environment

for B.

(3)
In deciding whether conduct has that effect, each of the following must be taken

into account—

(a)
the perception of B;

(b)
the other circumstances of the case;

(c)
whether it is reasonable for the conduct to have that effect.

(4)
The relevant protected characteristic is religion or belief.

(5)
This section applies to—

(a)
Part 3 (services and public functions) where the service or public function

is carried out by a public authority, or on behalf of a public authority,

under the terms of a contract with a public authority, or is otherwise a

function of a public nature, and

(b)
Part 6 (education).’.

Caste

Lynne Featherstone

Dr Evan Harris

NC10

To move the following Clause:—

‘In relation to the protected characteristics of caste—

(a)
a reference to a person who has a particular protected characteristic is a

reference to a person of a particular caste.

(b)
a reference to persons who share a protected characteristic is a reference

to a person of the same caste.’.

Lynne Featherstone

Dr Evan Harris

2

Page  4,  line  15  [Clause  4],  at end insert ‘caste.’.

Pre-interview discrimination protection

Lynne Featherstone

Dr Evan Harris

NC11

To move the following Clause:—