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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Revised 11 June 2009