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Notices of Amendments: 7 July 2009                     

1120

 

Equality Bill, continued

 
 

‘An employer (A) discriminates against a person (B) in the arrangements A

 

makes for deciding who to offer employment if A fails to take reasonable steps to

 

ensure that—

 

(a)    

the selection for interview is carried out on an anonymous basis, and

 

(b)    

the person selecting for interview does not know the gender, race, sexual

 

orientation, age or marital status of B or whether B has a disability.’.

 

Lynne Featherstone

 

Dr Evan Harris

 

3

 

Page  4,  line  9  [Clause  4],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

4

 

Page  5,  line  23,  leave out Clause 7.

 

Gender identity

 

Lynne Featherstone

 

Dr Evan Harris

 

NC12

 

To move the following Clause:—

 

‘(1)    

A person has the protected characteristics of gender identity if the person is or is

 

perceived to be—

 

(a)    

a person intending to undergo, undergoing, or having undergone gender

 

reassignment, where gender reassignment means a process which is

 

undertaken under medical supervision for the purpose of reassigning the

 

person’s sex by changing physiological or other characteristics of sex,

 

and includes any part of such a process;

 

(b)    

a person living permanently in the gender role different from that

 

expected of a person of their recorded natal sex;

 

(c)    

a person who has, by virtue of the Gender Recognition Act 2004 (c.7),

 

received recognition of their acquired gender for all legal purposes; or

 

(d)    

a person who has a gender identity that is different from that expected of

 

a person of their recorded natal sex, provided that their behaviour which

 

is a manifestation of that gender identity is not unlawful or offensive.

 

(2)    

For the purposes of subsection (1)(d) gender identity can also include where

 

gender identity is indeterminate.

 

(3)    

A reference to a transgender person is a reference to a person who has the

 

protected characteristic of gender identity.

 

(4)    

In relation to the protected characteristic of gender identity—

 

(a)    

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

 

reference to a transgender person;

 

(b)    

a reference to persons who share a protected characteristic is a reference

 

to transgender persons.’.

 

Lynne Featherstone

 

Dr Evan Harris

 

5

 

Page  11,  line  3  [Clause  15],  leave out ‘reassignment’ and insert ‘identity’.


 
 

Notices of Amendments: 7 July 2009                     

1121

 

Equality Bill, continued

 
 

Lynne Featherstone

 

Dr Evan Harris

 

6

 

Page  11,  line  12  [Clause  15],  leave out ‘7(1)’ and insert ‘[Gender identity] (1)(a)’.

 

Lynne Featherstone

 

Dr Evan Harris

 

7

 

Page  17,  line  37  [Clause  24],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

8

 

Page  17,  line  42  [Clause  24],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

9

 

Page  151,  line  18  [Schedule  3],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

10

 

Page  157,  line  20  [Schedule  3],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

11

 

Page  159,  line  4  [Schedule  3],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

12

 

Page  134,  line  26  [Clause  188],  leave out ‘reassignment’ and insert ‘identity’.

 

Lynne Featherstone

 

Dr Evan Harris

 

13

 

Page  55,  line  13,  leave out Clause 73.

 

Limitation of public sector equality duty (religion or belief)

 

Dr Evan Harris

 

Lynne Featherstone

 

NC13

 

To move the following Clause:—

 

‘(1)    

Nothing in section 143 shall require a public authority in exercising its functions

 

to restrict lawful free expression.

 

(2)    

In relation to religion or belief, in having regard to the need to meet the needs of

 

persons who share a protected characteristic, a public authority shall have regard

 

to the principle of inclusiveness.


 
 

Notices of Amendments: 7 July 2009                     

1122

 

Equality Bill, continued

 
 

(3)    

The principle of inclusiveness means that where a public authority could meet the

 

needs of persons who share a relevant protected characteristic (a “group”), by

 

either—

 

(a)    

providing a single service that is capable of meeting the needs of all

 

individuals, or

 

(b)    

providing separate services for different groups,

 

    

it shall prefer the former.

 

(4)    

In fulfilling its duties under section 143(3)(b) in relation to religion or belief, a

 

public authority shall have regard only to those needs which are reasonable.’.

 

Discrimination in provision of public services by employees

 

Dr Evan Harris

 

Lynne Featherstone

 

NC14

 

To move the following Clause:—

 

‘(1)    

A person (a “service provider”) concerned with the provision of a public service

 

shall not make accommodations or adjustments to allow its employees to

 

discriminate in any way which would be unlawful if the service provider itself

 

were to discriminate in that way.

 

(2)    

A service is a public service if it is carried out by a public authority, on behalf of

 

a public authority, subject to a contract with a public authority, or is otherwise a

 

function of a pubic nature.’.

 

Favourable treatment on grounds of disability

 

Lynne Featherstone

 

Dr Evan Harris

 

NC15

 

To move the following Clause:—

 

‘Nothing in this Act shall be taken to prohibit more favourable treatment of a

 

disabled person on the grounds of a disabled person’s disability.’.

 

Positive action: disability

 

Lynne Featherstone

 

Dr Evan Harris

 

NC16

 

To move the following Clause:—

 

‘For the purposes of sections 152 and 153, disability is not a protected

 

characteristic.’.

 

Discussions with third parties

 

Lynne Featherstone

 

Dr Evan Harris

 

NC17

 

To move the following Clause:—


 
 

Notices of Amendments: 7 July 2009                     

1123

 

Equality Bill, continued

 
 

‘(1)    

A term of a person’s work that prevents or restricts the person (P) from being

 

involved in discussions with third parties about the terms of P’s work is

 

unenforceable against P insofar as P is involved in a relevant pay discussion.

 

(2)    

A relevant pay discussion is a discussion with a third party—

 

(a)    

which is about pay, and

 

(b)    

which relates to whether or to what extent there is, in relation to the work

 

in question, a connection between pay and having (or not having) a

 

particular protected characteristic.

 

(3)    

Being involved in a discussion includes—

 

(a)    

seeking the disclosure by a third party of information;

 

(b)    

disclosing information to a third party;

 

(c)    

receiving information disclosed by a third party;

 

(d)    

seeking advice from a third party.

 

(4)    

Being involved in a relevant pay discussion is to be treated as a protected act for

 

the purposes of the relevant victimisation provision.

 

(5)    

The relevant victimisation provision is, in relation to a description of work

 

specified in the first column of the table, section 25 insofar as it applies for the

 

purposes of a provision mentioned in the second column.

 

Description of work

Provision by virtue of which

 
  

section 25 has effect

 
 

Employment

Section 36(3)

 
 

Appointment to a personal

Section 46(5) or (8)

 
 

office

  
 

Appointment to a public

Section 47(5) or (9).’.

 
 

office

  
 

Direct discrimination arising from sexual orientation

 

Dr Evan Harris

 

Lynne Featherstone

 

NC18

 

To move the following Clause:—

 

‘A person (A) discriminates against another (B) on grounds of sexual orientation

 

if, because of a manifestation or behaviour connected with B’s sexual orientation,

 

A treats B less favourably than A treats or would treat others.’.

 

Discrimination by association and perception

 

Dr Evan Harris

 

Lynne Featherstone

 

NC19

 

To move the following Clause:—

 

‘A person (A) discriminates against another (B) if A treats B less favourably than

 

A treats or would treat others because—

 

(a)    

A perceives B to have a protected characteristic, or


 
 

Notices of Amendments: 7 July 2009                     

1124

 

Equality Bill, continued

 
 

(b)    

B associates with a person (C) who has a protected characteristic.’.

 

Dr Evan Harris

 

Lynne Featherstone

 

14

 

Page  234,  line  4  [Schedule  22],  leave out sub-sub-paragraphs (a) and (b).

 

Dr Evan Harris

 

Lynne Featherstone

 

15

 

Page  234,  line  10  [Schedule  22],  at end insert ‘except in relation to academy

 

schools’.

 

Dr Evan Harris

 

Lynne Featherstone

 

16

 

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

 

Socio-economic inequalities (implementation of section 1)

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

NC20

 

To move the following Clause:—

 

‘The public sector duty regarding socio-economic inequalities shall not have

 

effect until a Minister of the Crown provides a definition of—

 

(a)    

socio-economic inequality, and

 

(b)    

socio-economic disadvantage,

 

and lays these definitions before Parliament.’.

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

17

 

Page  1,  line  25  [Clause  1],  leave out ‘outcome’ and insert ‘opportunity’.

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

18

 

Page  113,  line  16  [Clause  153],  leave out ‘as qualified as’ and insert ‘equally

 

qualified to’.

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

19

 

Page  136,  line  36  [Clause  19],  leave out paragraphs (a) and (b) and insert—

 

‘(a)    

at the end of the period of 12 months starting on the day this section

 

comes into force;

 

(b)    

at the end of each succeeding period of 12 months.’.


 
 

Notices of Amendments: 7 July 2009                     

1125

 

Equality Bill, continued

 
 

Prohibited pre-employment inquiries

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

NC21

 

To move the following Clause:—

 

‘(1)    

A person (A) subjects a disabled job applicant (B) to prohibited pre-employment

 

enquiries where A makes inquiries of B as to whether B is a disabled person or as

 

to the nature or severity of such disability.

 

(2)    

Inquiries of a disabled person as to the existence, nature or severity of their

 

disability will not constitute prohibited pre-employment inquiries for the

 

purposes of this Act where—

 

(a)    

the inquiry is for the purpose of determining whether an applicant

 

requires reasonable adjustments for the interview process and is stated as

 

being such an inquiry;

 

(b)    

the inquiry is made at the application stage for the purposes of monitoring

 

disabled applicants, where such inquiry is made in writing, is kept

 

separately from any application form, is anonymised, and is stated as

 

being such an inquiry;

 

(c)    

for the purposes of positive action in recruitment, such as offering the

 

guaranteed interview scheme, and is stated as being such an inquiry.

 

(3)    

Any invitation to request reasonable adjustments or disclose a disability under

 

subsection (2)(a), (b) and (c) must specify the use that will be made of that

 

information and must state that there is no requirement to provide that

 

information.

 

(4)    

Information provided must only be used for the stated purpose.

 

(5)    

Inquiries of a disabled person as to the existence, nature or severity of their

 

disability will not constitute prohibited pre-employment inquiries for the

 

purposes of this Act where the inquiry is necessary for the purposes of

 

determining whether an applicant can perform a specific employment-related

 

function, either with or without adjustments and is stated as being such an

 

inquiry.’.

 

Employees and applicants: prohibited pre-employment inquiries

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

NC22

 

To move the following Clause:—

 

‘An employer (A) must not subject a disabled job applicant (B) to prohibited

 

employment inquiries.’.

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

20

 

Page  152,  line  27  [Schedule  3],  leave out sub-sub-paragraph (b).


 
 

Notices of Amendments: 7 July 2009                     

1126

 

Equality Bill, continued

 
 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

21

 

Page  160,  line  11  [Schedule  3],  leave out paragraph (29).

 

Private hire vehicle accessibility regulations

 

Mr Mark Harper

 

John Penrose

 

Mr John Baron

 

NC23

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make regulations (in this section referred to as

 

“private hire vehicle accessibility regulations”) for securing that it is possible for

 

disabled persons—

 

(a)    

to get into and out of private hire vehicles in safety;

 

(b)    

to do so while in wheelchairs;

 

(c)    

to travel in private hire vehicles in safety and reasonable comfort;

 

(d)    

to do so while in wheelchairs.

 

(2)    

The regulations may, in particular, require a regulated private hire vehicle to

 

conform with provision as to—

 

(a)    

the size of a door opening for the use of passengers;

 

(b)    

the floor area of the passenger compartment;

 

(c)    

the amount of headroom in the passenger compartment;

 

(d)    

the fitting of restraining devices designed to ensure the stability of a

 

wheelchair while the private hire vehicle is moving.

 

(3)    

The regulations may also—

 

(a)    

require the driver of a regulated private hire vehicle which is plying for

 

hire, or which has been hired, to comply with provisions as to the

 

carrying of ramps or other devices designed to facilitate the loading and

 

unloading of wheelchairs;

 

(b)    

require the driver of a regulated private hire vehicle in which a disabled

 

person is being carried while in a wheelchair to comply with provisions

 

as to the position in which the wheelchair is to be secured.

 

(4)    

The driver of a regulated private hire vehicle which is plying for hire or has been

 

hired commits an offence—

 

(a)    

by failing to comply with a requirement of the regulations, or

 

(b)    

if the private hire vehicle fails to conform with any provision of the

 

regulations with which it is required to conform.

 

(5)    

A person guilty of an offence under subsection (4) is liable, on summary

 

conviction, to a fine not exceeding level 3 on the standard scale.

 

(6)    

In this section—

 

“passenger compartment” has such meaning as is specified in private hire

 

vehicle accessibility regulations;

 

“regulated private hire vehicle” means a private hire vehicle to which

 

private hire vehicle accessibility regulations are expressed to apply.’.


 
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