House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

55

House of Commons

Thursday 2 July 2009

Public Bill Committee Proceedings

Equality Bill

[Seventeenth and Eighteenth Sittings]

The Solicitor General

Agreed to  286

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

Wales’.

Clause, as amended, Agreed to.

Clauses 158 and 159 Agreed to.

The Solicitor General

Agreed to  287

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

The Solicitor General

Agreed to  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)’.

Clause, as amended, Agreed to.

Clauses 161 to 164 Agreed to.

The Solicitor General

Agreed to  289

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

Public Bill Committee Proceedings: 2 July 2009
56

Equality Bill, continued

The Solicitor General

Agreed to  290

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

The Solicitor General

Agreed to  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.’.

The Solicitor General

Agreed to  292

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

Clause, as amended, Agreed to.

The Solicitor General

Agreed to  293

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

‘in sections 155 and 158 to 160’.

Clause, as amended, Agreed to.

Clauses 167 to 174 Agreed to.

The Solicitor General

Agreed to  87

Clause  175,  page  127,  line  38,  leave out ‘194(3)(a)’ and insert ‘194(4)(a)’.

Clause, as amended, Agreed to.

Clauses 176 to 179 Agreed to.

Schedule 20 Agreed to.

Clauses 180 to 182 Agreed to.

Schedule 21 Agreed to.

Clauses 183 and 184 Agreed to.

The Solicitor General

Agreed to  88

Schedule  22,  page  233,  line  42,  at end insert—

Public Bill Committee Proceedings: 2 July 2009
57

Equality Bill, continued

‘( )
a college of further education within the meaning of section 36 of the

Further and Higher Education (Scotland) Act 1992;

( )
a university in Scotland;’.

Dr Evan Harris

Lynne Featherstone

Withdrawn  255

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

Dr Evan Harris

Lynne Featherstone

Not called  256

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

schools’.

Schedule, as amended, Agreed to.

Clause 185 Agreed to.

Dr Evan Harris

Lynne Featherstone

Withdrawn  252

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

Clause Agreed to.

Dr Evan Harris

Lynne Featherstone

Withdrawn  308

Clause  187,  page  134,  leave out line 6.

Clause Agreed to.

Dr Evan Harris

Lynne Featherstone

Withdrawn  309

Clause  188,  page  134,  line  24,  at end insert—

‘(1A)
For the avoidance of doubt, subsection (1) allows a person to provide gender-

affected activities separately, but doe not allow such activities to be provided to

people of one gender but not to the other, unless it is unreasonable or

disporportionate to seek to provide them for both.’.

Public Bill Committee Proceedings: 2 July 2009
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Equality Bill, continued

Lynne Featherstone

Dr Evan Harris

Not called  122

Clause  188,  page  134,  line  26,  leave out ‘reassignment’ and insert ‘identity’.

Dr Evan Harris

Lynne Featherstone

Not called  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.’.

Clause Agreed to.

Clause 189 Agreed to.

John Mason

Withdrawn  58

Schedule  23,  page  235,  line  20,  leave out sub-paragraph (2).

Dr Evan Harris

Lynne Featherstone

Not called  295

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

Dr Evan Harris

Lynne Featherstone

Not called  296

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

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

John Mason

Not called  59

Schedule  23,  page  236,  line  18,  leave out sub-paragraph (10).

Dr Evan Harris

Lynne Featherstone

Not called  305

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

Dr Evan Harris

Lynne Featherstone

Not called  251

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

Public Bill Committee Proceedings: 2 July 2009
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Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

Withdrawn  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’.

Schedule Agreed to.

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  30

Clause  190,  page  135,  line  23,  at end insert—

‘(5)
An order under subsection (1) may only be made if the Minister can demonstrate

that persons of a specified age are being discriminated against for no legitimate

reason.’.

Lynne Featherstone

Dr Evan Harris

Withdrawn  206

Clause  190,  page  135,  line  23,  at end add—

‘(5)
All orders under this section shall be made within six months of Royal Assent.’.

Mr Mark Harper

John Penrose

Mr John Baron

John Mason

Not selected  25

Page  135,  line  9,  leave out Clause 190.

Clause Agreed to.

Mr Mark Harper

John Penrose

Mr John Baron

Negatived on division  31

Clause  191,  page  136,  line  4,  leave out ‘thinks’ and insert ‘can demonstrate’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  32

Clause  191,  page  136,  line  9,  leave out ‘thinks’ and insert ‘can demonstrate’.

Public Bill Committee Proceedings: 2 July 2009
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Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

Not called  33

Clause  191,  page  136,  line  16,  leave out ‘thinks’ and insert ‘can demonstrate’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  34

Clause  191,  page  136,  line  23,  leave out ‘thinks’ and insert ‘can demonstrate’.

Mr Mark Harper

John Penrose

Mr John Baron

Not selected  26

Page  136,  line  1,  leave out Clause 191.

Clause Agreed to.

Schedule 24 Agreed to.

Clauses 192 and 193 Agreed to.

Schedule 25 Agreed to.

Clause 194 Agreed to.

The Solicitor General

Agreed to  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);’.

Dr Evan Harris

Lynne Featherstone

Withdrawn  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’.

Dr Evan Harris

Lynne Featherstone

Not called  234

Clause  195,  page  138,  line  44,  at end insert—

‘(i)
regulations under section 21 (regulations).’.

Clause, as amended, Agreed to.

Clauses 196 to 198 Agreed to.

Public Bill Committee Proceedings: 2 July 2009
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Equality Bill, continued

Schedule 26 Agreed to.

Dr Evan Harris

Lynne Featherstone

Not called  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).’.

Schedule Agreed to.

The Solicitor General

Agreed to  89

Clause  199,  page  141,  line  43,  after ‘“Employer”,’, insert ‘“deferred member”,’.

The Solicitor General

Agreed to  90

Clause  199,  page  142,  line  2,  at end insert—

‘( )
Nothing in section 26, 30, 79, 85, 90 or 95 is to be regarded as an express

exception.’.

Clause, as amended, Agreed to.

Clauses 200 and 201 Agreed to.

Schedule 28 Agreed to.

Clauses 202 to 205 Agreed to.

[Adjourned until Tuesday 7 July at 10.30 am.