House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

21

House of Commons

Thursday 18 June 2009

Public Bill Committee Proceedings

Equality Bill

[Ninth and Tenth Sittings]

Mr Mark Harper

John Penrose

Mr John Baron

Withdrawn  170

Clause  19,  page  14,  line  4,  leave out ‘in comparison with persons who are not

disabled’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  171

Clause  19,  page  14,  line  7,  leave out ‘in comparison with persons who are not

disabled’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  172

Clause  19,  page  14,  line  10,  leave out subsection (5) and insert—

‘(5)
The third requirement is a requirement to provide an auxiliary aid or service

where it would enable disabled persons to make use of, or facilitate the use by

disabled persons, of a service or other relevant matter, and to take such steps as it

is reasonable to have to take to provide the auxiliary aid.’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  173

Clause  19,  page  14,  line  12,  leave out ‘in comparison with persons who are not

disabled’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  174

Clause  19,  page  14,  line  13,  at end insert—

Public Bill Committee Proceedings: 18 June 2009
22

Equality Bill, continued

‘(5A)
For the purposes of the application of Parts 3 (services and public functions) and

6 (education), the requirements set out in subsections (3), (4) and (5) apply where

disabled persons generally are or may be put at a substantial disadvantage in

relation to a relevant matter in comparison with persons who are not disabled.’.

Lynne Featherstone

Dr Evan Harris

Not called  154

Clause  19,  page  14,  line  15,  at end insert—

‘(6A)
In taking reasonable steps to avoid the disadvantage, A must take such steps as

afford disabled people equal access or, if that is not practicable, to approximate

access to, that enjoyed by the rest of the public, to the matter in the applicable

schedule to which the duty to make adjustments applies.’.

Clause Agreed to.

Clauses 20 and 21 Agreed to.

Lynne Featherstone

Dr Evan Harris

Not called  155

Clause  22,  page  15,  line  26,  leave out ‘, 18 or 19’ and insert ‘or 18’.

Clause Agreed to.

Clause 23 Agreed to.

Lynne Featherstone

Dr Evan Harris

Not called  131

Clause  24,  page  17,  line  18,  leave out ‘a’ and insert ‘one or more than one’.

Dr Evan Harris

Lynne Featherstone

Withdrawn  230

Clause  24,  page  17,  line  26,  at beginning insert, ‘Subject to subsections (2A), (2B),

(2C) and (2D),’.

John Mason

Not called  38

Clause  24,  page  17,  line  27,  leave out ‘or’ and insert ‘and’.

Dr Evan Harris

Lynne Featherstone

Not called  231

Clause  24,  page  17,  line  29,  at end insert—

Public Bill Committee Proceedings: 18 June 2009
23

Equality Bill, continued

‘(2A)
Subject to subsection (2D) where the protected characteristic is sexual

orientation, for the purposes of Part 3 (Services and Public Functions), the

purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(2B)
Where the protected characteristic is sexual orientation or gender re-assignment,

for the purposes of Part 6 (Education), the purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading, humiliating or offensive

environment for B.

(2C)
Subject to subsection (2D) where the relevant characteristic is religion or belief,

for the purposes of Part 3 and Part 6, the purpose or effect is—

(a)
violating B’s dignity; and

(b)
creating an intimidating, hostile, degrading or humiliating environment

for B.

(2D)
Subsection (2A) and (2C) apply to Part 3 (Services and Public Functions) only

where the provision of a service is—

(a)
carried out by a public authority,

(b)
carried out on behalf of a public authority,

(c)
carried out under contract to a public authority, or

(d)
otherwise carried out in the exercise of a public function.’.

Lynne Featherstone

Dr Evan Harris

Not called  120

Clause  24,  page  17,  line  37,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

Not called  121

Clause  24,  page  17,  line  42,  leave out ‘reassignment’ and insert ‘identity’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  175

Clause  24,  page  18,  line  3,  at end add—

‘(6)
If the protected characteristic is disability, this section applies to a person who is

perceived to have a disability.’.

Clause Agreed to.

Clause 25 Agreed to.

Public Bill Committee Proceedings: 18 June 2009
24

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

Lynne Featherstone

Dr Evan Harris

Withdrawn  10

Clause  26,  page  19,  line  3,  leave out paragraph (a).

Mr Mark Harper

John Penrose

Mr John Baron

Not called  196

Clause  26,  page  19,  line  3,  at end insert ‘, so far as relating to any goods or services

which are not provided by or on behalf of a public authority’.

Lynne Featherstone

Dr Evan Harris

Not called  156

Clause  26,  page  19,  line  4,  leave out paragraph (b).

Mr Mark Harper

John Penrose

Mr John Baron

Not called  197

Clause  26,  page  19,  line  4,  at end insert—

‘(c)
sex, except for any goods or services which are provided by or on behalf

of a public authority.’.

The Solicitor General

Agreed to  60

Clause  26,  page  19,  line  8,  leave out subsection (3).

Clause, as amended, Agreed to.

Dr Evan Harris

Lynne Featherstone

Withdrawn  232

Clause  27,  page  20,  line  12,  at end insert—

‘(8A)
Subsection 8 applies only where the provision of the service is not—

(a)
carried out by a public authority;

(b)
carried out on behalf of a public authority;

(c)
carried out under contract to a public authority, or

(d)
otherwise carried out in the exercise of a public function.’.

Clause Agreed to.

Clauses 28 and 29 Agreed to.

Public Bill Committee Proceedings: 18 June 2009
25

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

Not called  176

Schedule  2,  page  147,  leave out lines 32 to 34 and insert—

‘“(a)
to remove the feature, or

(b)
to alter the feature, or

(c)
to provide a reasonable means of avoiding the feature, or

(d)
to adopt a reasonable method of providing the service or exercising the

function.”’.

Schedule Agreed to.

John Mason

Withdrawn  39

Schedule  3,  page  150,  line  6,  leave out paragraph 1.

John Mason

Not called  40

Schedule  3,  page  150,  line  14,  leave out paragraph 2.

Lynne Featherstone

Dr Evan Harris

Withdrawn  162

Schedule  3,  page  151,  line  14,  at end insert ‘to the extent that the discrimination is

a proportionate means of achieving a legitimate aim.’.

Lynne Featherstone

Dr Evan Harris

Not called  123

Schedule  3,  page  151,  line  18,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

Withdrawn  159

Schedule  3,  page  153,  line  9,  at end insert—

‘(1A)
In assessing risk in sub-paragraph (1)(a) a blood service cannot make an

assumption of risk that relies on all people of a protected characteristic sharing

the same risk.’.

Lynne Featherstone

Dr Evan Harris

Withdrawn  160

Schedule  3,  page  154,  line  10,  leave out from ‘following’ to end of line 11.

John Mason

Not called  101

Schedule  3,  page  154,  line  11,  leave out ‘for the public good’ and insert ‘to protect

public health’.

Public Bill Committee Proceedings: 18 June 2009
26

Equality Bill, continued

John Mason

Not called  102

Schedule  3,  page  154,  line  13,  leave out ‘or remain in’.

John Mason

Not called  103

Schedule  3,  page  154,  line  14,  leave out ‘or remain in’.

John Mason

Not called  104

Schedule  3,  page  154,  line  15,  leave out ‘or remain in’.

John Mason

Not called  105

Schedule  3,  page  154,  line  16,  leave out ‘or remain in’.

Lynne Featherstone

Dr Evan Harris

Not called  161

Schedule  3,  page  154,  line  22,  at end insert—

‘(5)
Section 27 does not apply in relation to sub-paragraphs (2) to (4) only to the

extent that any treatment, or a failure to comply with a duty, are a proportionate

means of achieving a legitimate aim.

(6)
Regulations may make provision for purposes of sub-paragraph (5) as to

circumstances in which treatment, or a failure to comply with a duty, is to be

taken to be justified, to the extent that those regulations are a proportionate means

of achieving a legitimate aim’.

John Mason

Not called  106

Schedule  3,  page  155,  leave out lines 14 to 26.

Lynne Featherstone

Dr Evan Harris

Not called  124

Schedule  3,  page  157,  line  20,  leave out ‘reassignment’ and insert ‘identity’.

Lynne Featherstone

Dr Evan Harris

Not called  125

Schedule  3,  page  159,  line  5,  leave out ‘reassignment’ and insert ‘identity’.

Schedule Agreed to.

Public Bill Committee Proceedings: 18 June 2009
27

Equality Bill, continued

Mr Mark Harper

John Penrose

Mr John Baron

Lynne Featherstone

Dr Evan Harris

Withdrawn  11

Clause  30,  page  22,  line  6,  leave out paragraph (a).

Lynne Featherstone

Dr Evan Harris

Withdrawn  163

Clause  30,  page  22,  line  7,  leave out paragraph (b).

Clause Agreed to.

Clauses 31 to 33 Agreed to.

Lynne Featherstone

Dr Evan Harris

Withdrawn  164

Clause  34,  page  25,  line  27,  leave out subsection (8).

Clause Agreed to.

Clause 35 Agreed to.

The Solicitor General

Agreed to  61

Schedule  4,  page  166,  line  14,  leave out ‘5(4)(b)’ and insert ‘5(4)(c)’.

Schedule, as amended, Agreed to.

Schedule 5 Agreed to.

Lynne Featherstone

Dr Evan Harris

Withdrawn  165

Clause  36,  page  26,  line  22,  at end insert—

‘(1A)
An employer (A) discriminates against a person (B) in the arrangements in

subsection (1)(a) if A fails to take reasonable steps to ensure that—

(a)
the selection for interview is carried out on an anonymous basis, or

(b)
the person selecting for interview does not know the gender, race, sexual

orientation, age or marital status of B or whether B has a disability.’.