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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

(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—

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(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.’.

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Proceedings

Lynne Featherstone

Dr Evan Harris

NC16

To move the following Clause:—

‘Sections 7, 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

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.

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.

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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.

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

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(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:

Lynne Featherstone

Dr Evan Harris

190

Clause  28,  page  20,  line  27,  after ‘ship’, insert ‘, aircraft’.

Lynne Featherstone

Dr Evan Harris

157

Clause  28,  page  20,  line  23,  after ‘ship’, insert ‘, aircraft’.

Member’s explanatory statement

This amendment extends protection against discrimination in goods and services to aircraft.

Lynne Featherstone

Dr Evan Harris

158

Clause  28,  page  20,  line  24,  after ‘ship’, insert ‘, aircraft’.

Member’s explanatory statement

This amendment extends protection against discrimination in goods and services to aircraft.

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Equality Bill, continued

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.

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Revised 16 June 2009