House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23 June 2009
244

Equality Bill, continued

discrimination as employees.

Dr Evan Harris

Lynne Featherstone

271


Schedule  9,  page  180,  line  15,  leave out ‘an’ and insert ‘genuine’.

Member’s explanatory statement

This brings the wording into line with the European Community law.

Dr Evan Harris

Lynne Featherstone

272


Schedule  9,  page  180,  line  16,  leave out from ‘is’ to ‘and’ and insert ‘objectively

justified by a legitimate aim and the means of achieving that aim are appropiate and

necessary’.

Member’s explanatory statement

This brings the wording into line with the European Community law.

Lynne Featherstone

Dr Evan Harris

268


Schedule  9,  page  180,  line  36,  at end insert—

‘(c)
sub-paragraph (3)(a) does not apply to a transsexual person who has a

gender recognition certificate.’.

Member’s explanatory statement

An amendment to ensure you cannot have a genuine occupational requirement that a person is or

is not a transsexual.

Dr Evan Harris

Lynne Featherstone

273


Schedule  9,  page  180,  line  37,  after ‘sex’, insert ‘or age’.

Member’s explanatory statement

Makes the exemption for age the same as that for sex, with respect to sub-paragraph(1).

Dr Evan Harris

Lynne Featherstone

275


Schedule  9,  page  181,  line  31,  at end insert—

‘(g)
a requirement related to religion or belief, where sub-paragraph 4A

applies’.

Member’s explanatory statement

This amendment allows discrimination on grounds of religion or belief under narrower grounds

than paragraph (3) of Schedule 9, where the employee is performing a public function.

Dr Evan Harris

Lynne Featherstone

276


Schedule  9,  page  181,  line  31,  at end insert—

  ‘(4A)
This subsection applies where A is—

Public Bill Committee: 23 June 2009
245

Equality Bill, continued

(a)
acting on behalf of a public authority,

(b)
acting under contract to a public authority, or

(c)
otherwise acting in the exercise of a public function’.

Member’s explanatory statement

This amendment allows discrimination on grounds of religion or belief under narrower grounds

than paragraph (3) of Schedule 9, where the employee is performing a public function.

John Mason

44

Schedule  9,  page  181,  line  33,  leave out ‘proportionate’.

Member’s explanatory statement

The addition of a new proportionality test narrows the scope of existing exceptions for religious

employment. This amendment, in conjunction with the amendment to leave out sub-paragraph (8),

retains the status quo.

The Solicitor General

68

Schedule  9,  page  181,  line  36,  leave out ‘work’ and insert ‘employment’.

Member’s explanatory statement

This amendment would ensure that paragraph 2 of Schedule 9 refers consistently to

“employment”.

John Mason

45

Schedule  9,  page  181,  line  37,  leave out ‘proportionate’.

Member’s explanatory statement

The addition of a new proportionality test narrows the scope of existing exceptions for religious

employment. This amendment, in conjunction with the Amendment to leave out sub-paragraph (8),

retains the status quo.

Dr Evan Harris

Lynne Featherstone

269


Schedule  9,  page  181,  line  38,  at end insert—

‘(4A)
“Proportionate means” in paragraph 2(5) and 2(6) means “objectively justified by

a legitimate aim and the means of achieving that aim are appropriate and

necessary.”’.

Member’s explanatory statement

Aligning the definition of proportionate means with that found in Community law.

John Mason

42

Schedule  9,  page  181,  line  41,  leave out sub-paragraph (8) and insert—

‘(8)
Employment is for the purposes of an organised religion if—

(a)
A has an ethos based on religion or belief, or

(b)
the employment wholly or mainly involves—

(i)
leading or assisting in the observation of liturgical or ritualistic

practices of the religion, or

(ii)
promoting or explaining the doctrine of the religion (whether to

followers of the religion or to others).’.

Member’s explanatory statement

Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This

amendment would instead broaden the scope of the exceptions to benefit all religious

Public Bill Committee: 23 June 2009
246

Equality Bill, continued

organisations.

John Mason

43

Schedule  9,  page  181,  line  41,  leave out sub-paragraph (8).

Member’s explanatory statement

Sub-paragraph (8) narrows the scope of existing exceptions for religious employment. This

amendment, in conjunction with the amendments to lines 33 and 37, retains the status quo.

Mr Mark Harper

John Penrose

Mr John Baron

189

Schedule  9,  page  181,  line  42,  leave out ‘wholly or’.

John Mason

46

Schedule  9,  page  182,  line  6,  leave out from ‘requirement’ to ‘if’ and insert ‘to

which sub-paragraph (2) applies’.

Member’s explanatory statement

Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader

framework. This would provide wider protection for the freedom of association of religious bodies.

John Mason

47

Schedule  9,  page  182,  line  13,  at end insert—

    ‘(2)
This paragraph applies to—

(a)
a requirement to be of a particular religion or belief;

(b)
a requirement to be of a particular sex;

(c)
a requirement not to be a transsexual person;

(d)
a requirement not be married or a civil partner;

(e)
a requirement not to be married to, or the civil partner of, a person who

has a living former spouse or civil partner;

(f)
a requirement relating to circumstances in which a marriage or civil

partnership came to an end;

(g)
a requirement related to sexual orientation.’.

Member’s explanatory statement

Place the exceptions from paragraph 2 of Schedule 9 into paragraph 3, which has a broader

framework. This would provide wider protection for the freedom of association of religious bodies.

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.

Public Bill Committee: 23 June 2009
247

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

274


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

‘4
Paragraph 3 does not apply when A is—

(a)
acting on behalf of a public authority,

(b)
acting under a contract with a public authority, or

(c)
otherwise acting in the exercise of a public function.’.

Member’s explanatory statement

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

ethos are not subject to religious requirements under this sub-paragraph.

Lynne Featherstone

Dr Evan Harris

264


Schedule  9,  page  182,  line  22,  leave out sub-paragraph (3) and insert—

    ‘(3)
This Part of this Act, so far as relating to age or disability, does not apply to

anything done which is aimed at ensuring combat effectiveness in the armed

forces and is an appropriate and necessary means of achieving that aim.’.

The Solicitor General

69

Schedule  9,  page  182,  line  26,  leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert

‘52(1) or (2)’.

Member’s explanatory statement

This amendment would expand the scope of the exception in paragraph 5(1) of Schedule 9

(permitting discrimination in relation to work for which having a particular protected

characteristic is an occupational requirement) so that it applies to all circumstances in Clause

52(1) or (2) giving rise to liability.

As an Amendment to The Solicitor General’s proposed Amendment (No. 69):—

Dr Evan Harris

Lynne Featherstone

(a)


Line  2,  leave out ‘(2)’ and insert ‘(2)(a), (b) or (c)’.

Member’s explanatory statement

This would prevent individuals from being subject to ‘any other detriment’ under this exemption.

The Solicitor General

70

Schedule  9,  page  182,  line  30,  after ‘52’, insert ‘(1) or (2)’.

Member’s explanatory statement

This amendment would limit the exception in paragraph 5(2) of Schedule 9 (permitting

discrimination in relation to training for work for which having a particular protected

characteristic is an occupational requirement) so that it applies to discrimination only and not

harassment or victimisation.

The Solicitor General

71

Schedule  9,  page  182,  line  33,  leave out ‘52(1)(b) or (c) or (2)(a) or (b)’ and insert

‘52(1) or (2)’.

Member’s explanatory statement

Public Bill Committee: 23 June 2009
248

Equality Bill, continued

This amendment would expand the scope of the exception in paragraph 5(3) of Schedule 9

(permitting discrimination in reliance on a statement that a particular protected characteristic is

an occupational requirement) so that it applies to all circumstances in Clause 52(1) or (2) giving

rise to liability.

Mr David Drew

Lynne Featherstone

Dr Evan Harris

184

Schedule  9,  page  183,  line  25,  leave out paragraph 8.

Mr David Drew

Lynne Featherstone

Dr Evan Harris

185

Schedule  9,  page  183,  line  35,  leave out paragraph 9.

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

267


Schedule  9,  page  188,  line  2,  leave out paragraph 18.

Member’s explanatory statement

An amendment to prevent discrimination to civil partners in relation to benefits accrued pre-5

December 2005

The Solicitor General

72

Schedule  9,  page  188,  line  17,  at end insert—

‘( )
section 38(1) and (3);’.

Member’s explanatory statement

This amendment would bring Clause 38(1) and (3) within the scope of paragraph 19(1) of

Schedule 9. A principal would not then be liable under Clause 38 for discrimination or

victimisation relating to the provision of a benefit, facility or service to the public (as in existing

law).

The Solicitor General

73

Schedule  9,  page  188,  line  26,  at end insert—

‘( )
in relation to section 38(1) and (3), the other contract workers supplied

to the principal;’.

Member’s explanatory statement

This amendment would provide that “comparable persons” means other contract workers

supplied to a principal, when determining whether provision of a benefit, facility or service by a

principal to a contract worker differs in a material respect for the purposes of paragraph 19(3)(a)

of Schedule 9.

Public Bill Committee: 23 June 2009
249

Equality Bill, continued

The Solicitor General

74

Schedule  9,  page  188,  line  32,  at end insert—

‘( )
the terms on which the principal allows B to do the contract work,’.

Member’s explanatory statement

This amendment would provide that “B’s terms” means the terms on which the principal allows a

contract worker to work, when determining whether the provision of a benefit, facility or service

by the principal is regulated by B’s terms for the purposes of paragraph 19(3)(b) of Schedule 9.

John Mason

100

Clause  79,  page  59,  line  37,  leave out paragraph (c).

Dr Evan Harris

Lynne Featherstone

233

Clause  80,  page  16,  line  11,  leave out subsection (10).

Member’s explanatory statement

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

reassignment and religion or belief in relation to part 6 (education). Harassment is defined in a

more limited way.

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;

(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

Public Bill Committee: 23 June 2009
250

Equality Bill, continued

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

270


Schedule  12,  page  202,  line  1,  after ‘so’, insert ‘only so far as it is necessary’.

The Solicitor General

75

Clause  92,  page  70,  line  6,  after ‘a’, insert ‘relevant’.

Member’s explanatory statement

This amendment and amendments 76 and 77 would make in relation to educational qualifications

corrections corresponding to the corrections that amendments 62 and 63 would make in relation

to work qualifications.

The Solicitor General

76

Clause  92,  page  70,  line  7,  after ‘a’, insert ‘relevant’.

Member’s explanatory statement

See the explanatory statement for amendment 75.

The Solicitor General

77

Clause  92,  page  70,  line  7,  at end insert—

‘( )
A reference in section 91(8), (10) or (11) to a qualification is a reference to a

relevant qualification.’.

Member’s explanatory statement