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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged according to the Order of the Committee |
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| Clause 6, page 5, line 4, leave out ‘and long-term’. |
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| | Member’s explanatory statement
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| | An amendment to remove the requirement for a disability to be long-term before a person with that |
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| | disability is afforded protection from discrimination. |
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| Clause 6, page 5, line 19, at end insert— |
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| | ‘(4A) | Where reference is made in this Act to a person (B) who is perceived to have a |
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| | disability, the reference is taken to apply to this person whether or not the |
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| | perceived impairment has a substantial and long-term adverse effect on B’s |
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| | ability to carry out normal day-to-day activities.’. |
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| Schedule 1, page 144, line 10, at end insert ‘the effect’. |
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| | Member’s explanatory statement
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| | To clarify the meaning of the sub-paragraph. |
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| Schedule 1, page 144, line 11, leave out ‘it’. |
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| Schedule 1, page 144, line 12, leave out ‘it’. |
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| Schedule 1, page 144, line 13, leave out ‘it’. |
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| Schedule 1, page 144, line 16, leave out ‘effect is likely to recur’ and insert |
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| ‘impairment is of a nature where it, or its effects, is liable to recur’. |
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| Schedule 1, page 144, line 16, at end insert— |
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| | ‘(2A) | Without prejudice to the operation of sub-paragraph (2), the mental impairment |
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| | consisting of or resulting from depression that has ceased to have a substantial |
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| | adverse effect on a person’s ability to carry out normal day to day activities shall |
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| | always be treated as if that effect is likely to recur if the person has had within the |
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| | last 5 years a previous episode of such impairment which had a substantial |
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| | adverse effect on the person’s ability to carry out normal day to day activities for |
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| | a period of 6 months or more.’. |
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| Clause 7, page 5, line 25, leave out ‘proposing to undergo’ and insert ‘considering |
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| Page 5, line 23, leave out Clause 7. |
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| Clause 8, page 6, line 7, leave out ‘or a civil partner’ and insert ‘, a civil partner, co- |
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| | Member’s explanatory statement
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| | An amendment to protect single and co-habiting people from discrimination. |
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| Clause 8, page 6, line 10, leave out ‘or is a civil partner’ and insert ‘, a civil partner, |
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| Clause 8, page 6, line 12, leave out ‘or are civil partners’ and insert ‘, civil partners, |
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| Clause 10, page 7, line 23, at end insert— |
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| | ‘(4) | The meaning of religion or belief does not include whether, or the degree to |
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| | which, a person has one or more of another protected characteristic.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals can not use exemptions based on religion or |
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| | belief to discriminate on another ground for example against persons whose lifestyle, because they |
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| | are gay or unmarried, is not consistent with orthodox practice of that religion or belief. |
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| Clause 10, page 7, line 23, at end insert— |
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| | ‘(4) | The meaning of religion or belief does not include the degree of support for |
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| | matters of public policy or for the policies of a political party.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals which are quasi-political can not benefit |
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| | from exemptions based on religion or belief. |
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| Clause 10, page 7, line 23, at end insert ‘In relation to the protected characteristic |
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| of religion or belief, a reference to a person’s religion or belief does not include reference |
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| to that person’s other protected characteristics.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals cannot use exemptions based on religion or |
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| | belief to discriminate on another ground for exdample against persons whose lifestyle, because |
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| | they are gay or unmarried, is not consistent with orthodox practice of that religion or belief. |
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| Clause 10, page 7, line 23, at end insert— |
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| | ‘(4) | The meaning of religion or belief does not include the degree of support for |
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| | matters of public policy or for the policies of a political party.’. |
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| | Member’s explanatory statement
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| | This is to make sure that organisations or individuals which are quasi-political cannot benefit from |
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| | exemptions based on religion or belief. |
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| Clause 12, page 8, line 16, at end add— |
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| | ‘(3) | Sexual orientation includes manifestations of that sexual orientation.’. |
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| | Member’s explanatory statement
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| | This is to put clearly into statute existing case law stemming from eg Amicus vs Secretary of State |
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| | where it was held that a religious organisation could not avoid sexual orientation discrimination |
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| | by referring to lifestyle matters which were a lawful and direct expression of sexual orientation.’. |
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| Clause 12, page 8, line 16, at end add— |
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| | | ‘and includes manifestations of any such sexual orientation.’. |
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| | Member’s explanatory statement
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| | This is to put clearly into statute case law stemming from eg Amicus vs Secretary of State where it |
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| | was held that a religious organisation could not avoid sexual orientation discrimination by |
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| | referring to lifestyle matters which were a lawful and direct expression of sexual orientation. |
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| Clause 13, page 9, line 5, leave out ‘because of’ and insert ‘on grounds of’. |
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| Clause 13, page 9, line 5, leave out ‘because of’ and insert ‘on the grounds of’. |
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| | Member’s explanatory statement
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| | An amendment to revert the causality of discrimination to pre-Equality Bill wording. |
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| Clause 13, page 9, line 5, leave out ‘a’ and insert ‘one or more than one’. |
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| | Member’s explanatory statement
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| | An amendment to permit claims of direct discrimination and harassment on multiple form of |
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| Clause 13, page 9, line 6, at end insert— |
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| | ‘(1A) | Discrimination does not include marketing or promoting activities targeted at a |
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| | particular group of people whether or not they share a protected characteristic.’. |
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| Clause 13, page 9, line 6, at end insert— |
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| | ‘(1A) | This section applies to a person (B) who is perceived by A to have a protected |
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| | characteristic, regardless of whether B does in fact have that characteristic. |
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| | (1B) | This section applies to a person (B) who has an association with a person who has |
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| | a protected characteristic.’. |
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| | Member’s explanatory statement
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| | This is put into statute two provisions which are explicitly and implicitly provided for by the |
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| | relevant directive and by case law. |
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| Clause 13, page 9, line 10, leave out subsection (3) and insert— |
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| | ‘(3) | If the protected characteristic is disability, nothing in this section shall be taken |
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| | to prohibit more favourable treatment of a disabled person on the grounds of a |
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| | disabled person’s disability.’. |
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| | Member’s explanatory statement
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| | An amendment to retain the asymmetric nature of disability discrimination. |
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| Clause 13, page 9, line 15, at end insert— |
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| | ‘(3A) | If the protected characteristic is disability, this section applies to a person who is |
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| | perceived to have a disability.’. |
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| Clause 13, page 9, line 20, at end insert— |
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| | ‘(5A) | If the protected characteristic is religion or belief, for the purposes of this section, |
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| | a claim for direct discrimination on that protected ground can not solely rely on |
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| | A treating B less favourably on the basis of a manifestation of B’s religion or |
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| | Member’s explanatory statement
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| | This is to make explicit in statute existing case law from the Employment Appeal Tribunal in Ladele |
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| | vs Islington, that one can not claim direct discrimination when one is treated adversely solely on |
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| | the basis of behaviour stemming from a religious belief. |
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| Clause 13, page 9, line 20, at end insert— |
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| | ‘(5A) | A person (A) does not discriminate against another (B) because of religion or |
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| | belief within the meaning of subsection (1) if A treats B less favourably than A |
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| | treats or would treat others on grounds only of a manifestation of or behaviour |
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| | connected with B’s religion or belief.’. |
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| | Member’s explanatory statement
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| | This is to make explicit in statute existing case law from the Employment Appeal Tribunal in Ladele |
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| | vs Islington, that one cannot claim direct discrimination when one is treated adversely solely on |
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| | the basis of behaviour stemming from a religious belief. |
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| Clause 13, page 9, leave out lines 21 and 22 and insert— |
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| | ‘(6) | It does not matter if the protected characteristic that B has is also shared by A.’. |
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| | Member’s explanatory statement
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| | This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in |
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| | fact apply to other strands. |
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| Clause 13, page 9, line 22, at end insert— |
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| | ‘(b) | less favourable treatment includes placing tighter restrictions on |
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| | expression related to religion or belief than on expression not related to |
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| | Member’s explanatory statement
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| | Makes clear that treating religious speech less favourably than non-religious speech is a form of |
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| Clause 13, page 9, line 22, at end insert— |
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| | ‘(6A) | If the protected characteristic is sexual orientation it does not matter whether the |
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| | sexual orientation is also A’s.’. |
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| | Member’s explanatory statement
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| | This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in |
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| | fact apply to other strands. |
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| Clause 13, page 9, line 27, at end insert— |
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| | ‘(7A) | If the protected characteristic is sexual orientation, A discriminates against B if A |
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| | treats B less favourably than A treats or would treat others on the basis of a |
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| | manifestation of B’s sexual orientation.’. |
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| | Member’s explanatory statement
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| | This is make explicit in statute the case law (eg from Amicus vs Secretary of State) which holds that |
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| | discrimination against gay people on account of their gay life style or camp appearance (for |
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| | example) is direct discrimination. |
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| Clause 14, page 10, leave out lines 3 to 6 and insert— |
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| | ‘(a) | A treats B in a particular way for a reason arising from B’s disability, |
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| | (b) | the treatment amounts to a detriment, and |
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| | (c) | A cannot show that the treatment is a proportionate means of achieving a |
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| | (1A) | For the purposes of this section, A treats B in a particular way for a reason arising |
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| | (a) | A treats B in that way for a reason arising from B’s disability (but not by |
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| | reason of B’s disability itself); or |
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| | (b) | A treats B in that way for a reason arising from a manifestation of or |
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| | behaviour connected with B’s disability (but not by reason of B’s |
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| | (1B) | For the purposes of subsection (1), A treats B in a particular way for a reason |
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| | arising from B’s disability even if A treats or would treat another person without |
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| | a disability in the same way as B where that other person’s circumstances are |
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| | otherwise the same as those of A. |
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| | (1C) | For the purposes of this section, the circumstances in which A shall be taken to |
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| | be reasonably expected to know about B’s disability include where A has failed |
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| | to ask B if he has a disability.’. |
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| | Member’s explanatory statement
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| | An amendment to restore the level of protection afforded to disabled people to that before the |
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| | House of Lords judgement in LB Lewisham v. Malcolm. It also prevents ignorance being a defence |
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| | of detrimental treatment. |
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| Clause 14, page 10, line 5, leave out paragraph (c). |
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