|
|
| |
| |
|
| | of its public functions. This amendment would remove that exemption. |
|
| |
| | |
| Schedule 3, page 150, line 14, leave out paragraph 2. |
|
| | Member’s explanatory statement
|
|
| | Parliament’s legislative functions are exempt from the ban on discrimination, harassment and vic |
|
| | timisation. This amendment would remove that exemption. |
|
| |
| |
| | |
| | Schedule 3, page 151, line 14, at end insert ‘to the extent that the discrimination is |
|
| a proportionate means of achieving a legitimate aim.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment imposes the ‘legitimate aim’ test when armed forces want to treat a person detri |
|
| | |
| |
| |
| | |
| | Schedule 3, page 151, line 18, leave out ‘reassignment’ and insert ‘identity’. |
|
| |
| |
| | |
| | Schedule 3, page 153, line 9, at end insert— |
|
| | ‘(1A) | In assessing risk in sub-paragraph (1)(a) a blood service cannot make an |
|
| | assumption of risk that relies on all people of a protected characteristic sharing |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment makes clear that blood services cannot use blanket assessments of risk based on |
|
| | people of a protected characteristic, such as their sexual orientation, sharing the same level of risk. |
|
| |
| |
| | |
| | Schedule 3, page 154, line 10, leave out from ‘following’ to end of line 11. |
|
| | Member’s explanatory statement
|
|
| | This amendment redrafts the exception in the application of disability discrimination to immigra |
|
| | |
| |
| | |
| | Schedule 3, page 154, line 11, leave out ‘for the public good’ and insert ‘to protect |
|
| |
| |
| | |
| | Schedule 3, page 154, line 13, leave out ‘or remain’. |
|
|
|
| |
| |
|
| |
| | |
| | Schedule 3, page 154, line 14, leave out ‘or remain’. |
|
| |
| | |
| | Schedule 3, page 154, line 15, leave out ‘or remain’. |
|
| |
| | |
| | Schedule 3, page 154, line 16, leave out ‘or remain’. |
|
| |
| |
| | |
| | Schedule 3, page 154, line 22, at end insert— |
|
| | ‘(5) | Section 27 does not apply in relation to sub-paragraphs (2) to (4) only to the |
|
| | extent that any treatment, or a failure to comply with a duty, are a proportionate |
|
| | means of achieving a legitimate aim. |
|
| | (6) | Regulations may make provision for purposes of sub-paragraph (5) as to |
|
| | circumstances in which treatment, or a failure to comply with a duty, is to be |
|
| | taken to be justified, to the extent that those regulations are a proportionate means |
|
| | of achieving a legitimate aim’. |
|
| | Member’s explanatory statement
|
|
| | This amendment redrafts the exception in the application of disability discrimination to immigra |
|
| | |
| |
| | |
| | Schedule 3, page 155, leave out lines 14 to 26. |
|
| |
| |
| | |
| | Schedule 3, page 157, line 20, leave out ‘reassignment’ and insert ‘identity’. |
|
| |
| |
| | |
| | Schedule 3, page 159, line 4, leave out ‘reassignment’ and insert ‘identity’. |
|
| |
| |
| |
| |
| |
| |
| | |
| Clause 30, page 22, line 6, leave out paragraph (a). |
|
|
|
| |
| |
|
| |
| |
| | |
| | Clause 30, page 22, line 7, leave out paragraph (b). |
|
| | Member’s explanatory statement
|
|
| | This amendment extends protection against discrimination because someone is married or in a civ |
|
| | il partnership as it relates to premises. |
|
| |
| |
| |
| | |
| | Clause 34, page 25, line 27, leave out subsection (8). |
|
| | Member’s explanatory statement
|
|
| | This amendment removes the powers of Government to remove specific types of premises from the |
|
| | application of this protection. |
|
| |
| |
| | |
| Schedule 4, page 166, line 14, leave out ‘5(4)(b)’ and insert ‘5(4)(c)’. |
|
| | Member’s explanatory statement
|
|
| | This amendment would correct a minor drafting error. |
|
| |
| |
| |
| | |
| | Clause 36, page 26, line 22, at end insert— |
|
| | ‘(1A) | An employer (A) discriminates against a person (B) in the arrangements in |
|
| | subsection (1)(a) if A fails to take reasonable steps to ensure that— |
|
| | (a) | the selection for interview is carried out on an anonymous basis, or |
|
| | (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.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment protects job applicants from subliminal discrimination arising from information |
|
| | assumed from an applicant’s name. It also prevents information being made available to people |
|
| | short-listing that reveals whether an applicant has protected characteristic. |
|
| |
| |
| | |
| Schedule 6, page 169, line 15, leave out paragraphs 2 and 3. |
|
| | Member’s explanatory statement
|
|
| | Political appointments, honours and peerages are exempt from the ban on discriminating against |
|
|
|
| |
| |
|
| | office-holders. this amendment would remove those exemptions. |
|
| |
| |
| | |
| Clause 51, page 40, line 14, after second ‘a’, insert ‘relevant’. |
|
| | Member’s explanatory statement
|
|
| | This amendment and amendment 63 would correct a minor drafting error to clarify that the inter |
|
| | pretation of a reference to conferring a relevant qualification applies in relation to all relevant |
|
| | qualifications. A reference to conferring a relevant qualification would then include a reference to |
|
| | renewing or extending its conferment. |
|
| |
| | |
| Clause 51, page 40, line 15, after ‘a’, insert ‘relevant’. |
|
| | Member’s explanatory statement
|
|
| | See the explanatory statement for amendment 62. |
|
| |
| |
| | |
| Clause 53, page 41, line 37, leave out subsection (3). |
|
| | Member’s explanatory statement
|
|
| | This amendment would omit Clause 53(3) which excludes from the scope of Clause 52 services the |
|
| | provision of which is otherwise than by way of a trade or profession, reinstating the effect of ex |
|
| | isting law, whereby the manner in which employment services are provided is irrelevant. |
|
| |
| |
| | |
| Clause 58, page 45, line 19, leave out from ‘person’ to ‘scheme’ in line 20 and |
|
| insert ‘who is a pension credit member of an occupational pension scheme as they apply |
|
| in relation to a disabled person who is a deferred member or pensioner member of the’. |
|
| | Member’s explanatory statement
|
|
| | A non-discrimination rule does not apply in relation to pension credit members of an occupational |
|
| | pension scheme. This amendment and amendments 66 and 89 would ensure that disabled pension |
|
| | credit members are protected from discrimination in so far as communications in relation to the |
|
| | |
| |
| | |
| Clause 58, page 45, line 26, leave out subsection (2). |
|
| | Member’s explanatory statement
|
|
| | See explanatory statement for amendment 65. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 73, page 55, line 14, leave out ‘by regulations’ and insert ‘not’. |
|
| |
| |
| |
| | |
| Clause 73, page 55, line 17, at end insert ‘and |
|
| | (b) | employees who have a disability and employees who do not have a |
|
| | |
| |
| |
| |
| | |
| Clause 73, page 55, line 19, at end insert— |
|
| | |
| | ( ) | the Security Service, the Secret Intelligence Service or the Government |
|
| | Communications Headquarters;’. |
|
| |
| |
| |
| | |
| Clause 73, page 55, line 20, leave out paragraph (b). |
|
| |
| | |
| Clause 73, page 55, line 20, at end insert— |
|
| | ‘( ) | a government department or part of the armed forces not specified in that |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment would exclude the security and intelligence agencies and GCHQ’s military help |
|
| | ers from the scope of Clause 73. As a result, that clause would not apply to any government de |
|
| | partment or any part of the armed forces. |
|
| |
| |
| |
| | |
| Page 55, line 13, leave out Clause 73. |
|
| |
| |
| | |
| Schedule 9, page 181, line 33, leave out ‘proportionate’. |
|
| | Member’s explanatory statement
|
|
| | The addition of a new proportionality test narrows the scope of existing exceptions for religious |
|
| | employment. This amendment, in conjunction with the amendment to leave out sub-paragraph (8), |
|
|
|
| |
| |
|
| | |
| |
| | |
| Schedule 9, page 181, line 36, leave out ‘work’ and insert ‘employment’. |
|
| | Member’s explanatory statement
|
|
| | This amendment would ensure that paragraph 2 of Schedule 9 refers consistently to “employ |
|
| | |
| |
| | |
| Schedule 9, page 181, line 37, leave out ‘proportionate’. |
|
| | Member’s explanatory statement
|
|
| | The addition of a new proportionality test narrows the scope of existing exceptions for religious |
|
| | employment. This amendment, in conjunction with the Amendment to leave out sub-paragraph (8), |
|
| | |
| |
| | |
| Schedule 9, page 181, line 41, leave out sub-paragraph (8) and insert— |
|
| | ‘(8) | Employment is for the purposes of an organised religion if— |
|
| | (a) | A has an ethos based on religion or belief, or |
|
| | (b) | the employment wholly or mainly involves— |
|
| | (i) | leading or assisting in the observation of liturgical or ritualistic |
|
| | practices of the religion, or |
|
| | (ii) | promoting or explaining the doctrine of the religion (whether to |
|
| | followers of the religion or to others).’. |
|
| | Member’s explanatory statement
|
|
| | Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
|
| | amendment would instead broaden the scope of the exceptions to benefit all religious organisa |
|
| | |
| |
| | |
| Schedule 9, page 181, line 41, leave out sub-paragraph (8). |
|
| | Member’s explanatory statement
|
|
| | Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This |
|
| | amendment, in conjunction with the amendments to lines 33 and 37, retains the status quo. |
|
| |
| | |
| Schedule 9, page 182, line 6, leave out from ‘requirement’ to ‘if’ and insert ‘to |
|
| which sub-paragraph (2) applies’. |
|
| | Member’s explanatory statement
|
|
| | Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
|
| | framework. This would provide wider protection for the freedom of association of religious bodies. |
|
| |
| | |
| Schedule 9, page 182, line 13, at end insert— |
|
| | ‘(2) | This sub-paragraph applies to— |
|
| | (a) | a requirement to be of a particular religion or belief; |
|
|
|
| |
| |
|
| | (b) | a requirement to be of a particular sex; |
|
| | (c) | a requirement not to be a transsexual person; |
|
| | (d) | a requirement not be married or a civil partner; |
|
| | (e) | a requirement not to be married to, or the civil partner of, a person who |
|
| | has a living former spouse or civil partner; |
|
| | (f) | a requirement relating to circumstances in which a marriage or civil |
|
| | partnership came to an end; |
|
| | (g) | a requirement related to sexual orientation.’. |
|
| | Member’s explanatory statement
|
|
| | Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader |
|
| | framework. This would provide wider protection for the freedom of association of religious bodies. |
|
| |
| | |
| Schedule 9, page 182, line 26, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment would expand the scope of the exception in paragraph 5(1) of Schedule 9 (per |
|
| | mitting discrimination in relation to work for which having a particular protected characteristic |
|
| | is an occupational requirement) so that it applies to all circumstances in Clause 52(1) or (2) giving |
|
| | |
| |
| | |
| Schedule 9, page 182, line 30, after ‘52’, insert ‘(1) or (2)’. |
|
| | Member’s explanatory statement
|
|
| | This amendment would limit the exception in paragraph 5(2) of Schedule 9 (permitting discrimi |
|
| | nation in relation to training for work for which having a particular protected characteristic is an |
|
| | occupational requirement) so that it applies to discrimination only and not harassment or victim |
|
| | |
| |
| | |
| Schedule 9, page 182, line 33, leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment would expand the scope of the exception in paragraph 5(3) of Schedule 9 (per |
|
| | mitting discrimination in reliance on a statement that a particular protected characteristic is an |
|
| | occupational requirement) so that it applies to all circumstances in Clause 52(1) or (2) giving rise |
|
| | |
| |
| | |
| | Schedule 9, page 183, line 25, leave out paragraph 8. |
|
| |
| | |
| | Schedule 9, page 183, line 35, leave out paragraph 9. |
|
| |
| | |
| Schedule 9, page 188, line 17, at end insert— |
|
| | ‘( ) | section 38(1) and (3);’. |
|
|