House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 June 2009
148

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

117

Clause  15,  page  11,  line  1,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

118

Clause  15,  page  11,  line  3,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

119

Clause  15,  page  11,  line  12,  leave out ‘7(1)’, and insert ‘[Gender identity] (1)(a)’.

Lynne Featherstone

Dr Evan Harris

139

Clause  16,  page  11,  line  15,  leave out ‘maternity’ and insert ‘parenthood’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in non-work cases.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

91

Clause  16,  page  11,  line  20,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

This amendment and amendments 92 to 98 would restate the test for pregnancy and maternity

discrimination so as to remove the uncertainty of the wording of the existing test and avoid any

risk of the current wording in the Bill being interpreted as reducing protection.

Lynne Featherstone

Dr Evan Harris

138

Clause  16,  page  11,  line  22,  leave out ‘26’ and insert ‘52’.

Member’s explanatory statement

This amendment extends the protected period for protection against discrimination on the grounds

of pregnancy and maternity to 52 weeks.

Lynne Featherstone

Dr Evan Harris

223

Clause  16,  page  11,  line  22,  leave out from ‘if’ to ‘A’ in line 23.

Member’s explanatory statement

This seeks to probe why protection from discrimination on the grounds of maternity is restricted

to 26 weeks under this section.

Public Bill Committee: 16 June 2009
149

Equality Bill, continued

The Solicitor General

Lynne Featherstone

Dr Evan Harris

92

Clause  16,  page  11,  line  23,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

Lynne Featherstone

Dr Evan Harris

141

Clause  16,  page  11,  line  24,  at end add—

‘(4)
A person (A) discriminates against a man if, in the period of 52 weeks beginning

with the day on which his child was born, A treats him unfavourably because he

is a father.’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in non-work cases.

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.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

93

Clause  16,  page  12,  line  1,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

The Solicitor General

94

Clause  16,  page  12,  line  2,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

95

Clause  16,  page  12,  line  13,  leave out subsection (7).

Member’s explanatory statement

See explanatory statement for amendment 91.

Public Bill Committee: 16 June 2009
150

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

140

Clause  17,  page  12,  line  18,  leave out ‘maternity’ and insert ‘parenthood’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in non-work cases.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

96

Clause  17,  page  12,  line  20,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

Lynne Featherstone

Dr Evan Harris

149

Clause  17,  page  12,  line  22,  at end insert—

‘(2A)
A person (A) discriminates against a man if, in a protected period in relation to a

child he has fathered, A treats him unfavourably because he is a father.’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in work cases.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

97

Clause  17,  page  12,  line  23,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

The Solicitor General

Lynne Featherstone

Dr Evan Harris

98

Clause  17,  page  12,  line  25,  leave out ‘less favourably’ and insert ‘unfavourably’.

Member’s explanatory statement

See explanatory statement for amendment 91.

Lynne Featherstone

Dr Evan Harris

150

Clause  17,  page  12,  line  27,  at end insert—

‘(4A)
A person (A) discriminates against a man if A treats him less favourably because

he is exercising or seeking to exercise, or has exercised or sought to exercise, the

right to paternity leave.’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in work cases.

Public Bill Committee: 16 June 2009
151

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

151

Clause  17,  page  12,  line  38,  at end insert—

‘(6A)
The protected period, in relation to paternity, begins with pregnancy and ends 52

weeks after the child is born.’.

Member’s explanatory statement

This amendment extends protection against discrimination to fathers in the first 52 weeks of his

child’s life in work cases.

Lynne Featherstone

Dr Evan Harris

153

Clause  18,  page  13,  line  13,  leave out ‘a proportionate means of achieving a

legitimate aim’ and insert ‘objectively justified by a legitimate aim and the means of

achieving that aim are appropriate and necessary.’.

Member’s explanatory statement

This amendment aligns the ‘legitimate aim’ test with one established in community law.

Mr Mark Harper

John Penrose

Mr John Baron

169

Clause  18,  page  13,  line  14,  at end insert—

‘(2A)
If the protected characteristic is disability, this section applies to a person who is

perceived to have a disability.’.

Mr Mark Harper

John Penrose

Mr John Baron

9

Clause  18,  page  13,  leave out line 17.

Lynne Featherstone

Dr Evan Harris

152

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

‘parenthood.’.

Member’s explanatory statement

This amendment includes pregnancy and maternity as a protected characteristic in cases of

indirect discrimination.

Dr Evan Harris

Lynne Featherstone

224

Clause  18,  page  13,  line  23,  at end add ‘pregnancy and maternity’.

Member’s explanatory statement

This is to probe why pregnancy and maternity are omitted from the list of protected characteristics

for indirect discrimination.

Public Bill Committee: 16 June 2009
152

Equality Bill, continued

John Mason

37

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

‘(4)
If the protected characteristic is religion or belief, for the purposes of subsection

(1), and subject to subsection (2), a provision, criterion or practice is

discriminatory if it requires persons of B’s religion or belief to act in a way which

contravenes the stated doctrinal or ethical teachings of the religion or belief.’.

Member’s explanatory statement

Makes clear that requiring a person to act contrary to the accepted teachings of his or her religion

or belief is a form of indirect discrimination. N.B. Indirect discrimination is still permitted if it is

proportionate—see Clause 18(2)(d).

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 the

disabled person’s disability.’.

Mr Mark Harper

John Penrose

Mr John Baron

170

Clause  19,  page  14,  line  4,  leave out ‘in comparison with persons who are not

disabled’.

Mr Mark Harper

John Penrose

Mr John Baron

171

Clause  19,  page  14,  line  7,  leave out ‘in comparison with persons who are not

disabled’.

Mr Mark Harper

John Penrose

Mr John Baron

172

Clause  19,  page  14,  line  10,  leave out subsection (5) and insert—

‘(5)
The third requirement is a requirement to provide an auxiliary aid or service

where it would enable disabled persons to make use of, or facilitate the use by

disabled persons, of a service or other relevant matter, and to take such steps as it

is reasonable to have to take to provide the auxiliary aid.’.

Mr Mark Harper

John Penrose

Mr John Baron

173

Clause  19,  page  14,  line  12,  leave out ‘in comparison with persons who are not

disabled’.

Public Bill Committee: 16 June 2009
153

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

174

Clause  19,  page  14,  line  13,  at end insert—

‘(5A)
For the purposes of the application of Parts 3 (services and public functions) and

6 (education), the requirements set out in subsections (3), (4) and (5) apply where

disabled persons generally are or may be put at a substantial disadvantage in

relation to a relevant matter in comparison with persons who are not disabled.’.

Lynne Featherstone

Dr Evan Harris

154

Clause  19,  page  14,  line  15,  at end insert—

‘(6A)
In taking reasonable steps to avoid the disadvantage, A must take such steps as

afford disabled people equal access or, if that is not practicable, to approximate

access to, that enjoyed by the rest of the public, to the matter in the applicable

schedule to which the duty to make adjustments applies.’.

Member’s explanatory statement

This amendment will clarify that duty holders must implement the most inclusive solution—subject

to the usual test of ‘reasonableness’—in order to comply with the duty to make reasonable

adjustments.

Lynne Featherstone

Dr Evan Harris

155

Clause  22,  page  15,  line  26,  leave out ‘, 18 or 19’ and insert ‘or 18’.

Member’s explanatory statement

This amendment removes what is an additional ‘like for like’ comparator test from the duty to make

reasonable adjustments.

Lynne Featherstone

Dr Evan Harris

131

Clause  24,  page  17,  line  18,  leave out ‘a’ and insert ‘one or more than one’.

Member’s explanatory statement

An amendment to permit claims of direct discrimination and harassment on multiple form of

discrimination.

Dr Evan Harris

Lynne Featherstone

230


Clause  24,  page  17,  line  26,  at beginning insert, ‘Subject to subsections (2A), (2B),

(2C) and (2D),’.

Public Bill Committee: 16 June 2009
154

Equality Bill, continued

John Mason

38

Clause  24,  page  17,  line  27,  leave out ‘or’ and insert ‘and’.

Member’s explanatory statement

Raises the threshold in the definition of harassment in order to mirror the wording of EU Directive

2000/78/EC, Article 2.3.

Dr Evan Harris

Lynne Featherstone

231


Clause  24,  page  17,  line  29,  at end insert—

‘(2A)
Subject to subsection (2D) where the protected characteristic is sexual

orientation, for the purposes of Part 3 (Services and Public Functions), the

purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(2B)
Where the protected characteristic is sexual orientation or gender re-assignment,

for the purposes of Part 6 (Education), the purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(2C)
Subject to subsection (2D) where the relevant characteristic is religion or belief,

for the purposes of Part 3 and Part 6, the purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading or humiliating environment

for B.

(2D)
Subsection (2A) and (2C) apply to Part 3 (Services and Public Functions) only

where the provision of a service is—

(a)
carried out by a public authority,

(b)
carried out on behalf of a public authority,

(c)
carried out under contract to a public authority, or

(d)
otherwise carried out in the exercise of a public function.’.

Member’s explanatory statement

This amendment extends protection against harassment on grounds of sexual orientation, gender

reassignment and religion or belief in relation to parts 3 (where exercising a public function) and

part 6. Harassment is defined in a more limited way.

Lynne Featherstone

Dr Evan Harris

120

Clause  24,  page  17,  line  37,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

121

Clause  24,  page  17,  line  42,  leave out ‘reassignment’ and insert ‘identity’.