131

House of Commons

Notices of Amendments

given on

Thursday 11 June 2009

For other Amendment(s) see the following page(s):

Equality Bill Committee 94-129

Public Bill Committee

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Equality Bill

Mr Mark Harper

Mr John Penrose

Mr John Baron

192

Schedule  18,  page  216,  line  31,  at end insert—

‘(j)	persons involved in the commissioning, content and broadcast of

programmes.’.

Mr Mark Harper

Mr John Penrose

Mr John Baron

193

Schedule  18,  page  216,  line  44,  at end insert—

‘(g)	a function in connection with the commissioning, content and broadcast

of programmes.’.

Mr Mark Harper

John Penrose

Mr John Baron

194

Clause  13,  page  9,  line  6,  at end insert—

‘(1A)

Discrimination does not include marketing or promoting activities targeted at a

particular group of people whether or not they share a protected characteristic.’.

Mr Tim Boswell

195

Clause  7,  page  5,  line  25,  leave out ‘proposing to undergo’ and insert ‘considering

undergoing’.

Notices of Amendments: 11 June 2009

132

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

196

Clause  26,  page  19,  line  3,  at end insert ‘, so far as relating to any goods or services

which are not provided by or on behalf of a public authority’.

Mr Mark Harper

John Penrose

Mr John Baron

197

Clause  26,  page  19,  line  4,  at end insert—

‘(c)	sex, except for any goods or services which are provided by or on behalf

of a public authority.’.

Mr Mark Harper

John Penrose

Mr John Baron

198

Clause  18,  page  13,  line  23,  at end add—

‘(4)	If the protected characteristic is disability, nothing in the section shall be taken to

prohibit more favourable treatment of a disabled person on the grounds of

disabled person’s disability.’.

The right to equality

Lynne Featherstone

Dr Evan Harris

NC11

To move the following Clause:—

‘(1)	In this act “the right to equality” means the fundamental rights and freedoms set

out in subsections (2) to (4).

(2)	Everyone is equal before the law and has the right to the equal protection and

benefit of the law.

(3)	A public authority may not discriminate against anyone on any ground or

combination of grounds such as colour, race, nationality, ethnic or national origin,

language, gender identity, sex, sexual orientation, disability, religion or belief,

and age.

(4)	Subsections (2) and (3) do not preclude any law, programme or activity that has

as its object and outcome the amelioration of conditions of disadvantaged persons

or groups including those that are disadvantaged because of colour, race,

nationality, ethnic or national origin, language, gender identity, sex, sexual

orientation, disability, religion or belief, and age.’.

Interpretation of legislation

Lynne Featherstone

Dr Evan Harris

NC12

To move the following Clause:—

Notices of Amendments: 11 June 2009

133

Equality Bill, continued

‘(1)	So far as it is possible to do so, primary legislation and subordinate legislation

must be read and given effect in a way which is compatible with the right to

equality.

(2)	This section—

(a)	applies to primary legislation and subordinate legislation whenever

enacted;

(b)	does not affect the validity, continuing operation or enforcement of any

incompatible primary legislation; and

(c)	does not affect the validity, continuing operation or enforcement of any

incompatible subordinate legislation if (disregarding any possibility of

revocation) primary legislation prevents removal of the incompatibility.’.

Declaration of incompatibility

Lynne Featherstone

Dr Evan Harris

NC13

To move the following Clause:—

‘(1)	Subsection (2) applies in any proceedings in which a court determines whether a

provision of primary legislation is compatible with the right to equality.

(2)	If the court is satisfied that the provision is incompatible with the right to equality,

it may make a declaration of that incompatibility.

(3)	Subsection (4) applies in any proceedings in which a court determines whether a

provision of subordinate legislation, made in the exercise of a power conferred by

primary legislation, is compatible with the right to equality.

(4)	If the court is satisfied—

(a)	that the provision is incompatible with the right to equality, and

(b)	that (disregarding any possibility of revocation) the primary legislation

concerned prevents removal of the incompatibility,

it may make a declaration of that incompatibility.

(5)	In this section “court” shall have the same meaning as the meaning given in

section 4 of the Human Rights Act 1998.

(6)	A declaration under this section (“a declaration of incompatibility”)—

(a)	does not affect the validity, continuing operation or enforcement of the

provision in respect of which it is given; and

(b)	is not binding on the parties to the proceedings in which it is made.’.

Public authorities

Lynne Featherstone

Dr Evan Harris

NC14

To move the following Clause:—

‘(1)	It is unlawful for a public authority to act in a way which is incompatible with the

right to equality.

(2)	Subsection (1) does not apply to an act if—

(a)	as the result of one or more provisions of primary legislation, the

authority could not have acted differently; or

Notices of Amendments: 11 June 2009

134

Equality Bill, continued

(b)	in the case of one or more provisions of, or made under, primary

legislation which cannot be read or given effect in a way which is

compatible with the right to equality, the authority was acting so as to

give effect to or enforce those provisions.

(3)	In this section “public authority” includes—

(a)	a court or tribunal, and

(b)	any person certain of whose functions are functions of a public nature,

but does not include either House of Parliament or a person exercising functions

in connection with proceedings in Parliament.

(4)	In this Act the factors which may be taken into account in determining whether a

function is a public function include—

(a)	the extent to which the state has assumed responsibility for the function

in question;

(b)	the role and responsibility of the state in relation to the subject matter in

question;

(c)	the nature and extent of the public interest in the function in question;

(d)	the nature and extent of any statutory power or duty in relation to the

function in question;

(e)	the extent to which the state, directly or indirectly, regulates, supervises

and inspects the performance of the function in question;

(f)	the extent to which the state make payment for the function in question;

(g)	whether the function involves or may involve the use of statutory

coercive powers;

(h)	the extent of the risk that improper performance of the function might

violate the right to equality.

(5)	In subsection (3) “Parliament” does not include the House of Lords in its judicial

capacity.

(6)	In relation to a particular act, a person is not a public authority by virtue only of

subsection (3)(b) if the nature of the act is private.

(7)	“An act” includes a failure to act but does not include a failure to—

(a)	introduce in, or lay before, Parliament a proposal for legislation; or

(b)	make any primary legislation or remedial order.’.

Statements of compatibility

Lynne Featherstone

Dr Evan Harris

NC15

To move the following Clause:—

‘(1)	A Minister of the Crown in charge of a Bill in either House of Parliament must,

before the second reading of the Bill.

(a)	make a written statement to the effect that in his or her view the

provisions of the Bill are compatible with the right to equality (“a

statement of compatibility”); or

(b)	make a statement to the effect that although he or she is unable to make

a statement of compatibility the Government nevertheless wishes the

House to proceed with the Bill.

(2)	The statement must be published.’.

Notices of Amendments: 11 June 2009

135

Equality Bill, continued

Proceedings

Lynne Featherstone

Dr Evan Harris

NC16

To move the following Clause:—

‘Sections 7 and 8 and 9 of the Human Rights Act 1998 shall have effect in relation

to acts made unlawful by section [Public authorities] (1) of this Act as if the act

complained of were made unlawful by section 6(1) of the Human Rights Act

1998.’.

Power to take remedial action

Lynne Featherstone

Dr Evan Harris

NC17

To move the following Clause:—

‘Sections 10 of the Human Rights Act 1998 shall have effect in relation to

provisions of legislation declared under section [Declaration of incompatibility]

of this Act to be incompatible with the right to equality as if the provisions had

been declared incompatible with a Convention right under section 4 of the Human

Rights Act 1998.’.

Member’s explanatory statement

Clauses to establish an equality guarantee.

Lynne Featherstone

Dr Evan Harris

199

Schedule  6,  page  120,  line  9,  at end insert ‘or other authorities of the GLA family’.

Member’s explanatory statement

An amendment to clarify that elected members of GLA authorities (MPA, LFEPA etc.) are to be

treated in the same way as members of the GLA.

Lynne Featherstone

Dr Evan Harris

200

Clause  16,  page  12,  line  1,  leave out subsection (4) and insert—

‘(4)	A person (A) discriminates against a woman if A treats her unfavourably because

she is breast-feeding regardless of the age of the child.’.

Member’s explanatory statement

An amendment to ensure mothers are protected against discrimination when breastfeeding even if

their child is older than 26 weeks.

Lynne Featherstone

Dr Evan Harris

201

Clause  80,  page  61,  line  13,  leave out paragraph (a).

Member’s explanatory statement

This paragraph exempts harassment in schools on the grounds of gender reassignment. The

amendment removes this exemption.

Notices of Amendments: 11 June 2009

136

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

202

Schedule  13,  page  203,  line  19,  at end insert—

‘(2A)

For the purposes of this paragraph, the reference in section 19(3), (4) and (5)

to a disabled person is to disabled persons generally.’.

Member’s explanatory statement

An amendment to ensure that the anticipatory nature of the duty to make reasonable adjustments

is retained in education as in Disability Discrimination Act by providing that the duty applies to

‘disabled persons’ not only to an individual disabled person.

Lynne Featherstone

Dr Evan Harris

203

Clause  99,  page  73,  line  22,  at end insert—

‘(f)	internal party elections.’.

Member’s explanatory statement

The amendment allows political parties to positively discriminate in their own internal elections,

such as elections for executive members on local councils.

Lynne Featherstone

Dr Evan Harris

204

Clause  101,  page  74,  line  3,  at end insert—

‘(2A)

An association is deemed to have at least 25 members for the purposes of

subsection (1)(a) if it has been reconstituted or formed out of an association of at

least 25 members.’.

Member’s explanatory statement

An amendment to prevent an association from reconstituting itself into many separate associations

as a means of avoiding the duties under the Act.

Lynne Featherstone

Dr Evan Harris

205

Clause  101,  page  74,  line  4,  leave out subsection (3).

Member’s explanatory statement

The amendment prevents the Government from reducing or increasing the number of members an

association must have to be covered by this Act.

Lynne Featherstone

Dr Evan Harris

206

Clause  190,  page  135,  line  23,  at end add—

‘(5)	All orders under this section shall be made within six months of Royal Assent.’.

Member’s explanatory statement

The purpose of this amendment would be to limit the time available to Ministers of the Crown to

make orders detailing the exemptions to the general principle of non-discrimination on the basis

of age in the provision of goods, facilities and services.

Notices of Amendments: 11 June 2009

137

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

207

Clause  36,  page  26,  line  22,  at end insert—

‘(1A)

An employer must not ask for details of an applicant’s health or disabilities before

an offer of employment to which subsection (1) applies has been made except in

so far as necessary to make reasonable adjustments to the recruitment process.’.

Mr Mark Harper

John Penrose

Mr John Baron

208

Clause  36,  page  26,  line  34,  at end insert—

‘(3A)

An employer must not ask for details of an applicant’s health or disabilities before

an offer to which subsection (3) applies has been made except in so far as

necessary to make reasonable adjustments to the selection process.’.

Mr Mark Harper

John Penrose

Mr John Baron

209

Clause  52,  page  40,  line  27,  at end insert—

‘(1A)

An employment service-provider must not ask for details of an applicant’s health

or disabilities before an offer to which subsection (1) applies has been made

except in so far as necessary to make reasonable adjustments to the selection

process.’.

Mr Mark Harper

John Penrose

Mr John Baron

210

Clause  52,  page  41,  line  5,  at end insert—

‘(4A)

An employment service-provider must not ask for details of an applicant’s health

or disabilities before an offer to which subsection (4) applies has been made

except in so far as necessary to make reasonable adjustments to the selection

process.’.

Mr Mark Harper

John Penrose

Mr John Baron

211

Clause  54,  page  42,  line  20,  at end insert—

‘(1A)

A trade organisation must not ask for details of an applicant’s health or

disabilities before an offer of membership to which subsection (1) applies has

been made except in so far as necessary to make reasonable adjustments to the

selection process.’.

Mr Mark Harper

John Penrose

Mr John Baron

212

Clause  54,  page  42,  line  34,  at end insert—

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Revised 12 June 2009