House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 23 June 2009
36

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

Not selected  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.’.

Dr Evan Harris

Lynne Featherstone

Not selected  273

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

Dr Evan Harris

Lynne Featherstone

Not selected  275

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

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

applies’.

Dr Evan Harris

Lynne Featherstone

Not selected  276

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

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

(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’.

John Mason

Withdrawn  44

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

The Solicitor General

Agreed to  68

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

John Mason

Not called  45

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

Dr Evan Harris

Lynne Featherstone

Not selected  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.”’.

John Mason

Not called  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—

Public Bill Committee Proceedings: 23 June 2009
37

Equality Bill, continued

(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).’.

John Mason

Not called  43

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

Mr Mark Harper

John Penrose

Mr John Baron

Not called  189

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

John Mason

Not called  46

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

which sub-paragraph (2) applies’.

John Mason

Not called  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.’.

Dr Evan Harris

Lynne Featherstone

Not called  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.’.

Dr Evan Harris

Lynne Featherstone

Not selected  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,

Public Bill Committee Proceedings: 23 June 2009
38

Equality Bill, continued

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

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

Lynne Featherstone

Dr Evan Harris

Not selected  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

Agreed to  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)’.

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

Dr Evan Harris

Lynne Featherstone

Not selected  (a)

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

The Solicitor General

Agreed to  70

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

The Solicitor General

Agreed to  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)’.

Mr David Drew

Lynne Featherstone

Dr Evan Harris

Withdrawn  184

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

Mr David Drew

Lynne Featherstone

Dr Evan Harris

Not called  185

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

Lynne Featherstone

Dr Evan Harris

Withdrawn  246

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

Public Bill Committee Proceedings: 23 June 2009
39

Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

Not selected  267

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

The Solicitor General

Agreed to  72

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

‘( )
section 38(1) and (3);’.

The Solicitor General

Agreed to  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;’.

The Solicitor General

Agreed to  74

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

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

Schedule, as amended, Agreed to.

John Mason

Withdrawn  100

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

Clause Agreed to.

Dr Evan Harris

Lynne Featherstone

Not moved  233

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

Clause Agreed to.

Clauses 81 to 83 Agreed to.

Schedule 10 Agreed to.

Clause 84 Agreed to.

Public Bill Committee Proceedings: 23 June 2009
40

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

Withdrawn  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

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.’.

Dr Evan Harris

Lynne Featherstone

Not called  254

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

Schedule Agreed to.

Clauses 85 to 89 Agreed to.

Dr Evan Harris

Lynne Featherstone

Not selected  270

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

Schedule Agreed to.

Clauses 90 and 91 Agreed to.

Public Bill Committee Proceedings: 23 June 2009
41

Equality Bill, continued

The Solicitor General

Agreed to  75

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

The Solicitor General

Agreed to  76

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

The Solicitor General

Agreed to  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.’.

Clause, as amended, Agreed to.

Clause 93 Agreed to.

Dr Evan Harris

Lynne Featherstone

Not selected  265

Schedule  13,  page  203,  line  15,  at end insert—

    ‘(5)
Subject to sub-paragraph (6), A must comply with the third requirement.

      (6)
For the purposes of this paragraph, the reference in section 19(5) to auxiliary

aids and services is a reference to aids or services other than those that a public

authority is required under other enactments to arrange.

      (7)
For the purposes of this paragraph, a public authority is a person that is a public

authority for the purposes of the Human Rights Act 1998.’.

Lynne Featherstone

Dr Evan Harris

Withdrawn  202

Schedule  13,  page  203,  line  19,  at end insert—

  ‘(2A)
For the purposes of this paragraph, the reference in section 19(3), (4) and (5)

to a disabled person is to disabled persons generally.’.

Schedule Agreed to.

Clause 94 Agreed to.

Schedule 14 Agreed to.

The Solicitor General

Agreed to  78

Clause  95,  page  70,  line  26,  leave out subsection (3).

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 23 June 2009
42

Equality Bill, continued

Clauses 96 to 98 Agreed to.

[Adjourned until Thursday at 9.00 am.