House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 16 June 2009                     

183

 

Equality Bill, continued

 
 

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—


 
 

Public Bill Committee: 16 June 2009                     

184

 

Equality Bill, continued

 
 

(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.’.

 



 
 

Public Bill Committee: 16 June 2009                     

185

 

Equality Bill, continued

 
 

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.


 
 

Public Bill Committee: 16 June 2009                     

186

 

Equality Bill, continued

 
 

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

  

 
 

Public Bill Committee: 16 June 2009                     

187

 

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:

 

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.


 
 

Public Bill Committee: 16 June 2009                     

188

 

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.

 


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 16 June 2009