House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

47

House of Commons

Tuesday 30 June 2009

Public Bill Committee Proceedings

Equality Bill

[fiFteenth and sixteenth Sittings]

Mr Tim Boswell

Negatived on division  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

Not moved  (a)

At beginning insert ‘fulfil’.

Dr Evan Harris

Lynne Featherstone

Withdrawn  249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.’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  19

Clause  143,  page  105,  line  14,  at beginning insert ‘Subsection (1) will also apply

to’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  20

Clause  143,  page  105,  leave out lines 15 and 16 and insert ‘except in relation to matters

of employment’.

Public Bill Committee Proceedings: 30 June 2009
48

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

Not selected  307

Clause  143,  page  105,  line  27,  at end insert—

‘(3A)
In meeting the needs of persons who share a relevant protected characteristic that

are different from the needs of persons who do not share it, a person complying

with its duties under this section shall prefer the inclusive provision of services

over separate provision of services.’.

Mr David Drew

Not called  279

Clause  143,  page  105,  line  31,  leave out ‘and’.

Mr David Drew

Not called  280

Clause  143,  page  105,  line  32,  at end insert ‘and,

(c)
eliminate hatred and hostility towards members of different groups.’.

John Mason

Not called  49

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

‘(4A)
Having due regard to the need to foster good relations between persons who share

a relevant protected characteristic and persons who do not share it involves

ensuring a proper balance between the rights of persons who share a relevant

protected characteristic and the rights of persons who share a different relevant

protected characteristic.’.

Dr Evan Harris

Lynne Featherstone

Not called  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.’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  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

Not called  (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;

Public Bill Committee Proceedings: 30 June 2009
49

Equality Bill, continued

(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.’.

Clause Agreed to.

Lynne Featherstone

Dr Evan Harris

Withdrawn  281

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

Dr Evan Harris

Lynne Featherstone

Withdrawn  298

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

nationality’.

The Solicitor General

Agreed to  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.’.

John Mason

Not called  50

Schedule  18,  page  216,  leave out lines 21 to 24.

Dr Evan Harris

Lynne Featherstone

Withdrawn  300

Schedule  18,  page  216,  leave out line 25.

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  192

Schedule  18,  page  216,  line  31,  at end insert—

‘(j)
persons involved in the commissioning, content and broadcast of

programmes.’.

Public Bill Committee Proceedings: 30 June 2009
50

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  278

Schedule  18,  page  216,  line  34,  at end insert—

‘(aa)
a function in connection with membership of the House of Commons;’.

The Solicitor General

Agreed to  283

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

The Solicitor General

Agreed to  284

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

Mr Mark Harper

John Penrose

Mr John Baron

Not called  193

Schedule  18,  page  216,  line  44,  at end insert—

‘(g)
a function in connection with the commissioning, content and broadcast

of programmes.’.

The Solicitor General

Agreed to  285

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

Schedule, as amended, Agreed to.

Clause 144 Agreed to.

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  266

Schedule  19,  page  218,  line  43,  at end insert—

‘The relevant qualifications regulator (The Office of the Qualifications and

Examinations Regulator—Ofqual).’.

Schedule Agreed to.

John Mason

Not selected  51

Page  107,  line  6,  leave out Clause 145.

Public Bill Committee Proceedings: 30 June 2009
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Equality Bill, continued

Clause Agreed to.

John Mason

Not selected  52

Page  107,  line  29,  leave out Clause 146.

Clause Agreed to.

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  22

Clause  147,  page  108,  line  27,  at end insert—

‘(5)
Before regulations are made under this section, there must be laid before both

Houses of Parliament—

(a)
draft regulations, and

(b)
evidence that the regulations will enable the better performance by public

authorities of the duty imposed by subsection (1).’.

John Mason

Not selected  53

Page  108,  line  18,  leave out Clause 147.

Clause Agreed to.

John Mason

Not selected  54

Page  109,  line  1,  leave out Clause 148.

Clause Agreed to.

John Mason

Not selected  55

Page  110,  line  17,  leave out Clause 149.

Clause Agreed to.

Public Bill Committee Proceedings: 30 June 2009
52

Equality Bill, continued

Clause 150 Agreed to.

The Solicitor General

Agreed to  84

Clause  151,  page  111,  line  8,  after ‘person’, insert ‘other than the Assembly

Commission’.

The Solicitor General

Agreed to  85

Clause  151,  page  111,  line  12,  after ‘authority’, insert ‘or the Assembly

Commission’.

The Solicitor General

Agreed to  86

Clause  151,  page  111,  line  14,  at end insert—

‘( )
The Assembly Commission has the same meaning as in the Government of Wales

Act 2006.’.

Clause, as amended, Agreed to.

Dr Evan Harris

Lynne Featherstone

Withdrawn  303

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

reasonable to meet them’.

Clause Agreed to.

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  29

Clause  153,  page  113,  line  2,  leave out ‘reasonably thinks’ and insert ‘can

demonstrate’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  23

Clause  153,  page  113,  line  16,  leave out ‘as qualified as’ and insert ‘equally

qualified to’.

Public Bill Committee Proceedings: 30 June 2009
53

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

Withdrawn  301

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

Dr Evan Harris

Lynne Featherstone

Not called  302

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

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

Mr Mark Harper

John Penrose

Mr John Baron

Not selected  24

Page  113,  line  1,  leave out Clause 153.

Clause Agreed to.

Clauses 154 to 156 Agreed to.

[Adjourned until Thursday 2 July at 9.00 am.