House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

305

House of Commons

Notices of Amendments

given on

Thursday 25 June 2009

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

Equality Bill Committee 281-304

Public Bill Committee

Equality Bill

Lynne Featherstone

Dr Evan Harris

281

Schedule  18,  page  215,  line  25,  leave out paragraph 1.

Member’s explanatory statement

To remove the exception from the age public sector equality duty so far as relating to education

and public services for young people, such as children’s homes.

The Solicitor General

282

Schedule  18,  page  216,  line  13,  at end insert—

‘Judicial functions, etc.

      (1)
Section 143 does not apply to the exercise of—

(a)
a judicial function;

(b)
a function exercised on behalf of, or on the instructions of, a person

exercising a judicial function.

      (2)
The references to a judicial function include a reference to a judicial function

conferred on a person other than a court or tribunal.’.

Member’s explanatory statement

This amendment would provide that the duties imposed by clause 143 on public authorities, as well

as on other persons exercising public functions, will not apply to the exercise of judicial functions

(or other functions exercised in a judicial context).

The Solicitor General

283

Schedule  18,  page  216,  line  40,  leave out paragraphs (d) and (e).

Member’s explanatory statement

Notices of Amendments: 25 June 2009
306

Equality Bill, continued

This amendment is consequential on amendment 282.

The Solicitor General

284

Schedule  18,  page  216,  line  43,  leave out paragraph (f).

Member’s explanatory statement

This amendment would remove from the exceptions to the duty imposed by clause 143 on persons

other than public authorities who exercise public functions, an exception for decisions to

prosecute; accordingly, the duties imposed by clause 143 on public authorities, and others

exercising public functions, will apply to such decisions.

The Solicitor General

285

Schedule  18,  page  216,  line  45,  leave out sub-paragraph (4).

Member’s explanatory statement

This amendment is consequential on amendment 282.

The Solicitor General

286

Clause  157,  page  116,  line  33,  leave out ‘Great Britain’ and insert ‘England and

Wales’.

Member’s explanatory statement

The effect of this amendment is to restrict the application of clause 157 to England and Wales.

The Solicitor General

287

Clause  160,  page  118,  line  32,  after ‘authority’ insert ‘in England and Wales’.

Member’s explanatory statement

This amendment is consequent on amendment 288.

The Solicitor General

288

Clause  160,  page  118,  line  35,  leave out ‘In this subsection’ and insert—

‘(3A)
A licensing authority in Scotland may include a vehicle on a list maintained under

this section only if it is being used, or is to be used, by the holder of a special

licence under that licence.

(3B)
In subsections (3) and (3A)’.

Member’s explanatory statement

The effect of this amendment is to restrict the application of clauses 158 to 160, as regards

Scotland, to vehicles used under special licences within the meaning of section 12 of the Transport

Act 1985: that is, “taxibuses” and “PHV-buses”.

The Solicitor General

289

Clause  165,  page  121,  line  19,  after ‘authority’ insert ‘in England and Wales’.

Member’s explanatory statement

The purpose of this amendment, together with amendments 290 and 291, is to make separate

provision regarding appeals in Scotland.

Notices of Amendments: 25 June 2009
307

Equality Bill, continued

The Solicitor General

290

Clause  165,  page  121,  line  21,  leave out ‘or, in Scotland, the sheriff’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 289.

The Solicitor General

291

Clause  165,  page  121,  line  22,  at end insert—

‘(1A)
A person who is aggrieved by the refusal of a licensing authority in Scotland to

issue an exemption certificate under section 159 may appeal to the sheriff before

the end of the period of 28 days beginning with the date of the refusal.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 289.

The Solicitor General

292

Clause  165,  page  121,  line  23,  after ‘subsection (1)’ insert ‘or (1A)’.

Member’s explanatory statement

This amendment is consequent on amendment 291.

The Solicitor General

293

Clause  166,  page  122,  line  16,  leave out ‘except in sections 161 to 164’ and insert

‘in sections 155 and 158 to 160’.

Member’s explanatory statement

This amendment prevents clauses 154 and 156 from applying as regards taxis in Scotland; in

relation to clause 157, the amendment is consequent on amendment 286.

The Solicitor General

294

Clause  195,  page  138,  line  34,  at end insert—

‘( )
an order under section [Combined discrimination: dual

characteristics](8) (combined discrimination: circumstances where

proceedings may not be brought);’.

Member’s explanatory statement

This amendment would provide for an order made under the new clause that would be inserted by

new Clause 26 to be subject to the affirmative procedure in Parliament.

Combined discrimination: dual characteristics

The Solicitor General

nc26

To move the following Clause:—

‘(1)
A person (A) also discriminates against another (B) if, because of a combination

of two relevant protected characteristics, A treats B less favourably than A treats

or would treat a person who does not share either of those characteristics.

(2)
The relevant protected characteristics are—

(a)
age;

(b)
disability;

Notices of Amendments: 25 June 2009
308

Equality Bill, continued

(c)
gender reassignment;

(d)
race

(e)
religion or belief;

(f)
sex;

(g)
sexual orientation.

(3)
A does not discriminate against B by virtue of subsection (1) if, in consequence

of another provision of this Act, A’s treatment of B is not a relevant

contravention.

(4)
A relevant contravention is a contravention of this Act by virtue of section 13

because of one of the characteristics in the combination.

(5)
For the purpose of establishing a contravention of this Act by virtue of subsection

(1), it does not matter whether, in relation to either of the characteristics in the

combination, there is sufficient evidence to justify a finding that there has been a

relevant contravention.

(6)
Proceedings relating to a contravention of this Act by virtue of subsection (1) may

not be brought if subsection (7) applies.

(7)
This subsection applies if—

(a)
a provision of an enactment (including this Act) requires, in

circumstances to which the provision applies, proceedings relating to a

relevant contravention to be brought in a specified court, and

(b)
in those circumstances, the court does not have jurisdiction to determine

a claim relating to a relevant contravention involving the other

characteristic in the combination.

(8)
A Minister of the Crown may by order specify other circumstances in which

proceedings relating to a contravention of this Act by virtue of subsection (1) may

not be brought; and an order under this subsection may amend this section.

(9)
The reference to a court includes a reference to a tribunal and the reference to a

claim includes a reference to a complaint.’.

Member’s explanatory statement

This new clause would provide for the discrimination prohibited by the Bill to include

discrimination that is because of a combination of two protected characteristics. It would also

confer power to specify circumstances in which claims for such discrimination may not be brought.

Mr Tim Boswell

242

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

‘(d)
respect and protect the human rights of any person for whom it has

responsibility, whether or not they have a relevant protected

characteristic.’.

As an Amendment to Mr Tim Boswell’s proposed Amendment (No. 242):—

Dr Evan Harris

Lynne Featherstone

(a)

At beginning insert ‘fulfil’.

Member’s explanatory statement

Amendment to take the usual formation of human rights legislation.

Notices of Amendments: 25 June 2009
309

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

295

Schedule  23,  page  235,  line  20,  leave out ‘sole or main’.

Member’s explanatory statement

Amendment to probe the question of whether organisations which have a commercial sideline are

free to discriminate in that commercial activity.

Dr Evan Harris

Lynne Featherstone

296

Schedule  23,  page  236,  line  5,  at end insert— ‘and,

(c)
where the service provided is not a commercial activity.’.

Member’s explanatory statement

Amendment to probe the question of whether organisations that have a commercial sideline are

free to discriminate in that activity.

Dr Evan Harris

Lynne Featherstone

297

Clause  143,  page  105,  line  32,  at end insert—

‘(4A)
In complying with its duties under this section, a public authority shall not inhibit

lawful free expression.’.

Member’s explanatory statement

This underpins the need to preserve lawful freedom of expression in public life.

Dr Evan Harris

Lynne Featherstone

298

Schedule  18,  page  215,  line  41,  leave out ‘, race or religion or belief’ and insert ‘,

nationality’.

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
5
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
10
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.

Notices of Amendments: 25 June 2009
310

Equality Bill, continued

(2)
Any person applying this Act must interpret its provisions to give effect to the
15
purposes stated in subsection (1).’.

As an Amendment to Mr Tim Boswell’s proposed New Clause (Purposes of the Act)

(NC22):—

Dr Evan Harris

Lynne Featherstone

(a)

Line  13,  at end insert—‘;

(g)
fostering good relations between persons who share a relevant protected

characteristic and persons who do not share it’.

Mr Mark Harper

John Penrose

Mr John Baron

21

Clause  143,  page  105,  line  35,  at end insert—

‘(5A)
A public authority must collect and publish data annually showing, in the exercise

of its functions, the extent to which it has succeeded in meeting the requirements

under subsection (1).’.

As an Amendment to Mr Mark Harper’s proposed Amendment (No. 21):—

Dr Evan Harris

Lynne Featherstone

(a)

Line  2,  leave out from ‘meeting’ to end and insert—

‘(a)
eliminating discrimination, harassment, victimisation and any other

conduct that is prohibited by or under this Act;

(b)
advancing equality of opportunity between persons who share a relevant

protected characteristic and persons who do not share it;

(c)
fostering good relations between persons who share a relevant protected

characteristic and persons who do not share it.’.

Member’s explanatory statement

Public authorities must publish data on whether they have achieved the three parts of the equality

duty, rather than on whether they have had regard to this requirement.

Dr Evan Harris

Lynne Featherstone

299

Clause  195,  page  138,  line  39,  at end insert—

‘(ee)
regulations under Clause 145 (power to specify public authorities) if they

do anything other than add bodies to the list under Schedule 19’.

Member’s explanatory statement

An affirmative resolution of both Houses is required if the list of public authorities is narrowed.

Dr Evan Harris

Lynne Featherstone

300

Schedule  18,  page  216,  leave out line 25.

Notices of Amendments: 25 June 2009
311

Equality Bill, continued

Member’s explanatory statement

This amendment removes the exemption for the General Synod of the Church of England from the

duty in section 143(2).

Dr Evan Harris

Lynne Featherstone

301

Clause  153,  page  113,  line  17,  leave out paragraph (b).

Dr Evan Harris

Lynne Featherstone

302

Clause  153,  page  113,  line  23,  at end insert—

‘(ca)
offer work to a voluntary worker’.

Member’s explanatory statement

An amendment to allow positive action in the recruitment of volunteers.

Dr Evan Harris

Lynne Featherstone

303

Clause  152,  page  112,  line  19,  after ‘needs’, insert ‘to the extent that it is

reasonable to meet them’.

Member’s explanatory statement

To ensure that bodies do not undertake unreasonable measures positive action to accommodate

unreasonable needs.

Dr Evan Harris

Lynne Featherstone

304

Clause  188,  page  135,  line  6,  at end insert—

‘(7)
Bodies responsible for the organisation of international and national-level sports

competitions shall not discriminate on the grounds of gender in the provision of

competition and team membership unless they are able to demonstrate that it is a

proportionate means of achieving a legitimate aim.’.

Member’s explanatory statement

Sporting bodies have to demonstrate that discrimination on the grounds of gender, in the provision

of competition and team membership, is a proportionate means of achieving a legitimate aim.

Dr Evan Harris

Lynne Featherstone

305

Schedule  23,  page  236,  line  18,  leave out from ‘anything’ to end.

Member’s explanatory statement

This is to prevent organisations discriminating on the grounds of sexual orientation when

performing a public function in the provision of premises or in Associations.

Dr Evan Harris

Lynne Featherstone

306

Schedule  23,  page  237,  line  8,  at end insert—

‘(4)
Sub-paragraph (1), insofar as it relates to gender reassignment discrimination,

does not apply in the case of a person who holds a gender recognition certificate’.