House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

229

House of Commons

Notices of Amendments

given on

Thursday 18 June 2009

For other Amendment(s) see the following page(s):

Equality Bill Committee 199-227

Public Bill Committee

Equality Bill

Purposes of the Act

Mr Tim Boswell

NC22

To move the following Clause:—

‘(1)
The purposes of this Act are to promote equality by—

(a)
preventing discrimination, harassment and victimisation on any of the

grounds set out in this Act whether singly or in any combination;

(b)
ensuring that every person has an equal opportunity to participate in

society, including by means of different treatment as required or

permitted by the Act;

(c)
eliminating and preventing patterns of systemic discrimination and

inequality;

(d)
permitting the adoption of measures to alleviate the disadvantage related

to any of the grounds singly or in any combination;

(e)
ensuring respect for and protection of the human dignity of every person;

(f)
providing effective remedies for victims of discrimination, harassment

and victimisation.

(2)
Any person applying this Act must interpret its provisions to give effect to the

purposes stated in subsection (1).’.

Notices of Amendments: 18 June 2009
230

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

243

Clause  78,  page  58,  line  45,  at end insert—

‘(e)
unremunerated work that is comparable to employment.’.

Member’s explanatory statement

A probing amendment to establish to what extent volunteers have the same protection from

discrimination as employees.

Lynne Featherstone

Dr Evan Harris

244

Clause  56,  page  43,  line  38,  at end insert—

‘(ca)
a member of an authority in the GLA family;’.

Member’s explanatory statement

An amendment to ensure all GLA authorities cannot discriminate against its members, such as the

LFEPA or MPA.

Lynne Featherstone

Dr Evan Harris

245

Clause  56,  page  44,  line  6,  at end insert—

‘(m)
a fire authority.’.

Member’s explanatory statement

An amendment to ensure members of fire authorities are protected from discrimination.

Lynne Featherstone

Dr Evan Harris

246

Schedule  9,  page  184,  line  39,  leave out paragraph 11.

Member’s explanatory statement

An amendment to prevent discrimination in the level of minimum wage based on age..

Lynne Featherstone

Dr Evan Harris

247

Clause  54,  page  42,  line  29,  at end insert—

‘(3A)
In the application of subsection (3) as it relates to harrassment, neither of the

following is a protected characteristic—

(a)
religion or belief;

(b)
sexual orientation.’.

Member’s explanatory statement

A probing amendment to ascertain why the Government believes trade unions can harass people

because of religion or sexual orientation and not others afforded an exemption such as service

providers, other associations and schools.

Notices of Amendments: 18 June 2009
231

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

248

Clause  73,  page  55,  line  19,  leave out ‘250’ and insert ‘100’.

Member’s explanatory statement

An amendment to reduce the number of people an organisation must employ in order to be subject

to the gender pay gap clause requirements.

Dr Evan Harris

Lynne Featherstone

249

Clause  143,  page  105,  line  13,  at end insert—

‘(2)
Subsection (1)(b) does not apply in so far as it relates to religion or belief.’.

Member’s explanatory statement

This amendment removes the duty on public authorities to have regard to promoting equality of

opportunity between religious people.

Dr Evan Harris

Lynne Featherstone

250

Schedule  9,  page  182,  line  14,  at end insert—

‘4
Paragraph 3 does not apply when A is operating—

(a)
on behalf of a public authority, and

(b)
under the terms of contract between the organisation and the public

authority.’.

Member’s explanatory statement

An amendment to ensure that users of public service provided by an organisation with a religious

ethos are not subject to conditions or requirements of that ethos.

Dr Evan Harris

Lynne Featherstone

251

Schedule  23,  page  236,  line  19,  after ‘orientation’, insert ‘or religion or belief’.

Dr Evan Harris

Lynne Featherstone

252

Clause  186,  page  133,  line  24,  leave out subsections (5) and (6).

Member’s explanatory statement

An amendment to protect an individual from discrimination from a charity because of their

atheism.

Dr Evan Harris

Lynne Featherstone

253

Schedule  11,  page  198,  line  31,  leave out paragraph 5 and insert—

‘5  (1)
Section 80(1) and (2)(a) to (d), so far as relating to religion or belief, does not

apply in relation to—

(a)
a school, other than an academy, registered in the register of

independent schools for England or for Wales, if the school’s entry in

the register records that the school has a religious ethos;

Notices of Amendments: 18 June 2009
232

Equality Bill, continued

(b)
a school in the register of independent schools for Scotland if the

school admits only pupils who belong, or whose parents belong, to one

or more particular denominations;

(c)
a school registered in that register if the school is conducted in the

interest of a church or denominational body.

      (2)
Section 80 (2)(a) to (d), so far as relating to religion or belief, does not apply

in relation to—

(a)
a school designated under section 69(3) of the School Standards and

Framework Act 1998 (foundation or voluntary school with religious

character);

(b)
a school transferred to an education authority under section 16 of the

Education (Scotland) Act 1980 (transfer of certain schools to

education authorities) which is conducted in the interest of a church or

denominational body;

(c)
a school provided by an education authority under section 17(2) of that

Act (denominational schools);

(d)
a grant-aided school (within the meaning of that Act) which is

conducted in the interest of a church or denominational body.’.

Member’s explanatory statement

This amendment would ensure that discrimination in admissions by religion or belief in state

maintained schools and academies with a religious character is subject to the general prohibition

on discrimination in education admissions.

Dr Evan Harris

Lynne Featherstone

254

Schedule  11,  page  199,  line  7,  leave out paragraph 6.

Member’s explanatory statement

This amendment would remove the exemption for acts of worship from Clause 80(2)(a) to (d),

which makes it illegal for schools to discriminate in their treatment of pupils.

Dr Evan Harris

Lynne Featherstone

255

Schedule  22,  page  234,  line  4,  leave out sub-sub-paragraphs (a) and (b).

Dr Evan Harris

Lynne Featherstone

256

Schedule  22,  page  234,  line  10,  at end insert ‘except in relation to academy

schools’.

Notices of Amendments: 18 June 2009
233

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

257

Schedule  27,  page  247,  line  18,  at end insert—

‘School Standards and
Section 58(6) and (7).

Framework Act 1998
Section 60(4) and (5).’.

Member’s explanatory statement

These sections of the School Standards and Frameworks Act relate to paragraph 4 of Schedule 22.

Gender pay gap information (No.2)

Lynne Featherstone

Dr Evan Harris

NC23

To move the following Clause:—

‘(1)
Subject to the provisions of this section, no less than every three years a

designated employer shall publish information relating to the pay of its

employees for the purpose of showing whether there are differences in the pay of

male and female employees.

(2)
The information relating to pay which a designated employer shall publish

includes—

(a)
the average hourly pay of male workers and the average hourly pay of

female workers within its employment;

(b)
in respect of each role within the organisation—

(i)
the average pay awarded to workers engaged in the role;

(ii)
the percentage of men and women engaged in that role;

(iii)
the gap, if any, between the average hourly pay of male and

female employees in that role; and

(iv)
the average length of service of men and women engaged in that

role;

(c)
information identifying—

(i)
any descriptions of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly women;

(ii)
any descriptions of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly women;

(iii)
the relative values of the descriptions of activities falling within

sub-paragraphs (i) and (ii); and

(iv)
in relating to descriptions of activities within sub-paragraphs (i)

and (ii) which are judged to be of equal value to each other, the

average hourly pay of male workers and average hourly pay of

female workers carrying on those activities.

(3)
For the purposes of this section, “pay” means the ordinary basic or minimum

wage or salary and any other consideration, whether in cash or kind, which the

worker receives directly or indirectly, in respect of his employment, from his

employer and includes the cost to the employer of—

(a)
any pensions contributions paid by the employer in respect of the worker,

(b)
any bonus or other performance related or incentive payment, and

Notices of Amendments: 18 June 2009
234

Equality Bill, continued

(c)
any discretionary benefit granted to a worker in connection with his or

her employment.

(4)
The Secretary of State shall prescribe by regulations any further information

which employers must publish pursuant to subsection (1), the form in which the

information must be published, and the degree of publicity to be made.

(5)
In make such regulations the Secretary of State shall adopt best practice for

promoting awareness of the nature and causes of any pay gap between persons of

different genders as set out by the International Labour Organisation from time to

time.

(6)
The Secretary of State shall consult with the Equality and Human Rights

Commission as to how to ensure that the regulations shall contain best practice

prior to the making of the first regulations and no less than every five years

thereafter and shall amend the regulations as necessary to ensure that best practice

is maintained.

(7)
Where an employer fails to publish information in accordance with this section

then an employer shall not be entitled to submit a material factor defence in

accordance with section 64 in relation to any period for which they are in breach

of their obligations under this section.

(8)
Where the information published by an employer reveals that there is a difference

in the average pay of men and women doing relevant types of work as set out in

section 59, then in any proceedings to enforce a sex equality rule or a sex equality

clause it shall be presumed that there is such a breach unless the employer can

show a material factor defence.

(9)
The regulations may make provision for a failure to comply with the

regulations—

(a)
to be an offence punishable on summary conviction by a fine not

exceeding level 5 on the standard scale;

(b)
to be enforced, otherwise than as an offence, by such means as is

prescribed.

(10)
The reference to a failure to comply with the regulations includes a reference to

a failure by a person acting on behalf of an employer.

(11)
An employer shall publish information pursuant to subsection (1) within one year

of the coming into force of this Act.

(12)
Where an employer (A) is able to determine the terms and conditions of

employment as between another employer (B) and its employees, A shall publish

the information that B would otherwise be required to publish in a way which is

consolidated with the information for all other employees of A whose terms and

conditions A may determine, and where A publishes consolidated information B

shall not be in breach of this section if it does not publish any information.

(13)
A designated employer means an employer who has more than 100 employees.’.

Dr Evan Harris

Lynne Featherstone

258

Page  50,  line  1,  leave out Clause 65.

Dr Evan Harris

Lynne Featherstone

259

Page  45,  line  36,  leave out Clause 59.

Notices of Amendments: 18 June 2009
235

Equality Bill, continued

Relevant types of work (No. 2)

Dr Evan Harris

Lynne Featherstone

NC24

To move the following Clause:—

‘(1)
Sections 61 to 65 apply where—

(a)
a person (A) is employed on work that is equal to the work that a

colleague of the opposite sex (B) does;

(b)
a person (A) holding a personal or public office does work that is equal

to the work that colleague (B) of the opposite sex does.

(2)
To the extent set out in sections 61 to 64, those sections also apply where A does

not have a colleague B who does work that falls within subsection (1), because

there is no such person of the opposite sex to A.’.

Dr Evan Harris

Lynne Featherstone

260

Clause  61,  page  47,  line  16,  at end add—

‘(5)
Where section [Relevant types of work (No. 2)] (2) applies, the provisions of this

section will apply to the extent that a term of A’s is less favourable than a

corresponding term of B would be, or that A does not have a term which B would

have.’.

Dr Evan Harris

Lynne Featherstone

261

Clause  62,  page  48,  line  27,  at end add—

‘(11)
Where section [Relevant types of work (No. 2)] (2) applies, the provisions of this

section will apply to the extent that a term of A’s is less favourable than a

corresponding term of B would be, or if a discretion in relation to A is capable of

being exercised in a way which is less favourable than it would be in relation to

B.’.

Dr Evan Harris

Lynne Featherstone

262

Page  49,  line  1,  leave out Clause 64.

Defence of material factor (No. 2)

Dr Evan Harris

Lynne Featherstone

NC25

To move the following Clause:—

‘(1)
The sex equality clause in A’s terms has no effect in relation to a difference

between A’s terms and B’s terms if the responsible person shows that the

difference is because of a material factor—

(a)
which does not constitute discrimination because of sex within the

meaning of section 13, and

(b)
which is within subsection (2).