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Public Bill Committee: 11 June 2009                     

126

 

Equality Bill, continued

 
 

Representative actions

 

Mrs Sharon Hodgson

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Minister shall 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.’.

 

 

Order of the House [11 MAY 2009]

 

That the following provisions shall apply to the Equality Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on 7 July 2009.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 
 

Public Bill Committee: 11 June 2009                     

127

 

Equality Bill, continued

 
 

Orders of the Committee [2 and 9 June 2009]

 

That—

 

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

2 June) meet—

 

(a)  

at 4.00 pm on Tuesday 2 June;

 

(b)  

at 10.30 am and 4.00 pm on Tuesday 9 June;

 

(c)  

at 9.00 am and 1.00 pm on Thursday 11 June;

 

(d)  

at 10.30 am and 4.00 pm on Tuesday 16 June;

 

(e)  

at 9.00 am and 1.00 pm on Thursday 18 June;

 

(f)  

at 10.30 am and 4.00 pm on Tuesday 23 June;

 

(g)  

at 9.00 am and 1.00 pm on Thursday 25 June;

 

(h)  

at 10.30 am and 4.00 pm on Tuesday 30 June;

 

(i)  

at 9.00 am and 1.00 pm on Thursday 2 July;

 

(j)  

at 10.30 am and 4.00 pm on Tuesday 7 July;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—

 

Date

Time

Witness

 
 

Tuesday 2 June

Until no later

Equality and Diversity Forum

 
  

than 12 noon

Equality and Human Rights

 
   

  Commission

 
   

Tribunals Service

 
 

Tuesday 2 June

Until no later

Help the Aged and Age Concern

 
  

than 1.00 pm

Children’s Rights Alliance

 
   

Disability Charities Consortium

 
   

RADAR

 
   

Carers UK

 
 

Tuesday 2 June

Until no later

Stonewall

 
  

than 5.00 pm

Press for Change

 
   

Runnymede Trust

 
   

Race on the Agenda

 
 

Tuesday 2 June

Until no later

Fawcett Society

 
  

than 6.00 pm

Women’s National Commission

 
   

Women Like Us

 
 

Tuesday 9 June

Until no later

British Humanist Association

 
  

than 11.30 am

General Synod of the Church of

 
   

  England

 
   

Catholic Bishops’ Conference,

 
   

Muslim Women’s Network

 
   

Board of Deputies of British Jews

 
 

Tuesday 9 June

Until no later

Confederation of British Industry

 
  

than 1.00 pm

Association of British Insurers

 
   

Federation of Small Businesses

 
   

Chartered Institute of Personnel

 
   

  and Development

 
   

Trades Union Congress

 
 

Tuesday 9 June

Until no later

Government Equalities Office

 
  

than 5.00 pm

  

 
 

Public Bill Committee: 11 June 2009                     

128

 

Equality Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 29; Schedules 2 and

 

3; Clauses 30 to 35; Schedules 4 and 5; Clauses 36 to 49; Schedule 6; Clauses

 

50 to 75; Schedule 7; Clauses 76 to 78; Schedules 8 and 9; Clauses 79 to 83;

 

Schedule 10; Clause 84; Schedule 11; Clauses 85 to 89; Schedule 12; Clauses

 

90 to 93; Schedule 13; Clause 94; Schedule 14; Clauses 95 to 101; Schedules

 

15 and 16; Clauses 102 to 110; Schedule 17; Clauses 111 to 143; Schedule

 

18; Clause 144; Schedule 19; Clauses 145 to 179; Schedule 20; Clauses 180

 

to 182; Schedule 21; Clauses 183 and 184; Schedule 22; Clauses 185 to 189;

 

Schedule 23; Clauses 190 and 191; Schedule 24; Clauses 192 and 193;

 

Schedule 25; Clauses 194 to 198; Schedules 26 and 27; Clauses 199 to 201;

 

Schedule 28; Clauses 202 to 205; new Clauses; new Schedules; remaining

 

proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 7.00 p.m. on Tuesday 7 July.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Religious exception—employment

 

John Mason

 

NC4

 

To move the following Clause:—

 

‘Nothing in this Act shall make it unlawful for any organisation whose purpose

 

is to advance the interests of persons who share a protected characteristic to

 

require that all employees support and adhere to that purpose.’.

 

John Mason

 

48

 

Clause  143,  page  105,  line  31,  leave out paragraph (a).

 

John Mason

 

56

 

Schedule  23,  page  235,  line  17,  leave out ‘or’.

 

John Mason

 

57

 

Schedule  23,  page  235,  line  17,  at end insert—

 

‘(da)    

to provide services as a means of advancing a religion or belief, or’.

 

Faith-based scrutiny

 

John Mason

 

NC11

 

To move the following Clause:—


 
 

Public Bill Committee: 11 June 2009                     

129

 

Equality Bill, continued

 
 

‘(1)    

The Secretary of State must ensure that faith-based groups are consulted on

 

matters relating to equality and that due regard and proper weight is given to their

 

views.

 

(2)    

The Secretary of State must lay before both Houses of Parliament a report on any

 

such consultation and subsequent Government recommendations.

 

(3)    

The Secretary of State shall consult and update faith-based groups within one

 

year of the coming into force of this Act.’.

 

Lynne Featherstone

 

Dr Evan Harris

 

134

 

Clause  14,  page  10,  leave out lines 3 and 4 and insert—

 

‘(a)    

A treats B in a particular way for a reason arising from B’s disability,

 

(b)    

the treatment amounts to a detriment, and’.

 

Lynne Featherstone

 

Dr Evan Harris

 

135

 

Clause  14,  page  10,  line  10,  at end add—

 

‘(4)    

For the purposes of this section, the circumstances in which A shall be taken to

 

be reasonably expected to know about B’s disability include where A has failed

 

to ask B if he has a disability.’.

 

Member’s explanatory statement

 

An amendment to prevent those seeking to treat a person detrimentally claiming deliberate

 

ignorance of a person’s disability as a means to evade their legal responsibiliy.

 

Lynne Featherstone

 

Dr Evan Harris

 

136

 

Clause  14,  page  10,  line  10,  at end insert—

 

‘(4)    

For the purposes of this section, it shall be irrelevant if a person without a

 

disability or the particular disability also experiences a detriment as a result of

 

being treated in the same way as B.’.

 

Lynne Featherstone

 

Dr Evan Harris

 

137

 

Clause  14,  page  10,  line  10,  at end add—

 

‘(4)    

For the purposes of this section, ‘a reason arising from B’s disability’ shall

 

include manifestations of B’s disability and behaviour connected with B’s

 

disability.’.

 

Member’s explanatory statement

 

This amendment will clarify that in the context of clause 14 “because of disability” is to be

 

interpreted widely and includes the effects and consequences of a disability as well as the mere fact

 

of disability.

 


 
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