Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Part 7 — Associations

(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
(c)
by not inviting B, or not permitting B to be invited, as a guest.
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(2)
An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
(b)
by subjecting B to any other detriment.
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(3)
An association must not harass—
(a)
a guest;
(b)
a person seeking to be a guest.
(4)
An association (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
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permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
(c)
by not inviting B, or not permitting B to be invited, as a guest.
(5)
An association (A) must not victimise a guest (B) invited by A or with A’s
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permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
(b)
by subjecting B to any other detriment.
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Sections 96 and 97: further provision
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(1)
A duty to make reasonable adjustments applies to an association.
(2)
In the application of section 24 for the purposes of section 96(4) or 97(3), neither
of the following is a relevant protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
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Special provision for political parties
99
Selection of candidates
(1)
This section applies to an association which is a registered political party.
(2)
A person does not contravene this Part only by acting in accordance with
selection arrangements.
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(3)
Selection arrangements are arrangements—
(a)
which the party makes for regulating the selection of its candidates in
a relevant election, and
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Part 7 — Associations

326. This provision applies to the selection of candidates in relation to elections to
Parliament, local government, the European Parliament, to the Scottish Parliament and to the
National Assembly for Wales.
Background
327. For sex, the clause replicates similar provisions in the Sex Discrimination Act 1975,
5
as amended by the Sex Discrimination (Election Candidates) Act 2002, relating to the
selection of candidates. For the other protected characteristics this clause introduces new
provisions allowing political parties to take action in their selection arrangements in order to
address under-representation in elected bodies, short of shortlists restricted to people with a
particular protected characteristic. This will, for instance, allow political parties to reserve
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places on relevant electoral shortlists for people with a specific protected characteristic such as
race, disability etc.
Examples
• A political party can have a women-only short-list of potential candidates to represent
a particular constituency in Parliament, provided women remain under-represented in
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the party’s Members of Parliament.
• A political party cannot shortlist only black or Asian candidates for a local
government by-election. However, if Asians are under-represented amongst a party’s
elected councillors on a particular Council, the party could choose to reserve a specific
number of seats for Asian candidates on a by-election shortlist.
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Clause 100: Time limited provision
Effect
328. This clause is linked to the provisions in clause 99 relating to the selection of
candidates by registered political parties. It provides that the provision in clause 99(7) which
permits single-sex shortlists for election candidates in order to address under-representation in
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elected bodies will be repealed automatically at the end of 2030 unless an order is made by a
Minister of the Crown to extend it beyond that date.
329. This clause also extends the expiry date for the similar provisions in the Sex
Discrimination (Election Candidates) Act until 2030, so far as they apply to Northern Ireland.
Background
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330. The clause replicates similar provisions in the Sex Discrimination (Election
Candidates) Act 2002, but extends the expiry date for those provisions to 2030.
Clause 101: Interpretation and exceptions
Effect
331. This clause explains what is meant by terms used in Part 7 of the Bill. It defines an
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association as a body with 25 or more members where access to membership is controlled by
rules and involves a genuine selection process based on personal criteria. It gives a Minister
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(b)
the purpose of which is to reduce inequality in the party’s
representation in the body concerned.
(4)
The reference in subsection (3)(b) to inequality in a party’s representation in a
body is a reference to inequality between—
(a)
the number of the party’s candidates elected to be members of the body
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who share a protected characteristic, and
(b)
the number of the party’s candidates so elected who do not share that
characteristic.
(5)
For the purposes of subsection (4), persons share the protected characteristic of
disability if they are disabled persons (and section 6(3)(b) is accordingly to be
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ignored).
(6)
Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.
(7)
But subsection (6) does not apply to the protected characteristic of sex.
(8)
The following elections are relevant elections—
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(a)
Parliamentary elections;
(b)
elections to the European Parliament;
(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales;
(e)
local government elections within the meaning of section 191, 203 or
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204 of the Representation of the People Act 1983 (excluding elections
for the Mayor of London).
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Time-limited provision
(1)
Section 99(7) is repealed at the end of 2030 unless an order is made under
subsection (2).
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(2)
At any time before the end of 2030, a Minister of the Crown may by order
provide that subsection (1) is to have effect with the substitution of a later time
for that for the time being specified there.
(3)
In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
that Act), in subsection (1) for “2015” substitute “2030”.
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(4)
The substitution made by subsection (3) does not affect the power to substitute
a later time by order under section 3 of that Act.
Supplementary
101
Interpretation and exceptions
(1)
This section applies for the purposes of this Part.
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(2)
An “association” is an association of persons—
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Equality Bill
Part 7 — Associations

of the Crown power to amend this definition so as to change the number of members required
by the definition.
332. It also provides that people who have any kind of membership of a particular
association are protected by this Part, as are associates, who are not members of an
association, but have many of the rights of members as a consequence of being a member of
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another association.
333. The exceptions which apply to this part of the Bill are contained in Schedule 16.
Background
334. The substance of the definition of an association remains unchanged from that used in
the Race Relations Act 1976.
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Examples
• Associations include: private members’ golf clubs and gentlemen’s clubs where
applicants for membership are required to make a personal application, be sponsored
by other members and go through some kind of selection process.
Membership would cover full membership, associate membership, temporary membership
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and day membership.
• Casinos, nightclubs and gyms, where payment of the requisite “membership” fee is all
that is required to secure admittance are not associations for the purposes of this Part.
These are covered instead by the provisions in Part 3 concerning services provided to
the public.
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• A book club run by a group of friends which has no formal rules governing admittance
or whose membership is less than 25 is not an association for the purposes of this Part.
Part 8: Prohibited conduct: ancillary
Clause 102: Relationships that have ended

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Effect
335. This clause makes it unlawful to discriminate against or harass someone after a
relationship covered by the Bill has ended.
336. It covers any former relationship in which the Bill prohibits one person from
discriminating against or harassing another, such as in employment, or in the provision of
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goods, facilities and services. It is designed to ensure that treatment of the kind made unlawful
by the Bill which results from, and is closely linked to, the existence of a relationship is still
unlawful even though the relationship no longer exists.
337. This provision applies to conduct which takes place after the Bill is commenced,
whether or not the relationship in question ended before that date. If the conduct occurred
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before this clause was commenced, it would be dealt with under the current legislation.
338. This clause also requires reasonable adjustments to be made for disabled people even
after a relationship has ended, if they continue to be at a substantial disadvantage in
comparison to people without a disability. A person will be considered to have discriminated
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(a)
which has at least 25 members, and
(b)
admission to membership of which is regulated by the association’s
rules and involves a process of selection.
(3)
A Minister of the Crown may by order amend subsection (2)(a) so as to
substitute a different number for that for the time being specified there.
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(4)
It does not matter—
(a)
whether an association is incorporated;
(b)
whether its activities are carried on for profit.
(5)
Membership is membership of any description (other than membership that is
by reference to a protected characteristic); and a reference to a member is to be
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construed accordingly.
(6)
A person is an “associate”, in relation to an association, if the person—
(a)
is not a member of the association, but
(b)
in accordance with the association’s rules, has some or all of the rights
as a member as a result of being a member of another association.
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(7)
A reference to a registered political party is a reference to a party registered in
the Great Britain register under Part 2 of the Political Parties, Elections and
Referendums Act 2000.
(8)
Schedule 15 (reasonable adjustments) has effect.
(9)
Schedule 16 (exceptions) has effect.
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Part 8
Prohibited conduct: ancillary
102
Relationships that have ended
(1)
A person (A) must not discriminate against another (B) if—
(a)
the discrimination arises out of and is closely connected to a
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relationship which used to exist between them, and
(b)
conduct of a description constituting the discrimination would, if it
occurred during the relationship, contravene this Act.
(2)
A person (A) must not harass another (B) if—
(a)
the harassment arises out of and is closely connected to a relationship
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which used to exist between them, and
(b)
conduct of a description constituting the harassment would, if it
occurred during the relationship, contravene this Act.
(3)
It does not matter whether the relationship ends before or after the
commencement of this section.
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(4)
A duty to make reasonable adjustments applies to A in so far as B continues to
be placed at a substantial disadvantage as mentioned in section 19.
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against a disabled person if he or she fails to comply with the duty to make reasonable
adjustments.
339. A breach of this clause triggers the same enforcement procedures as if the treatment
had occurred during the relationship. However, if the treatment which is being challenged
constitutes victimisation, it will be dealt with under the victimisation provisions and not under
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this clause.
Background
340. This clause replaces similar provisions in current legislation. It also extends the
protection after a relationship has ended to cover discrimination outside the workplace
because of religion or belief and sexual orientation. It will provide similar protection against
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age discrimination and harassment outside the workplace when the age protection provisions
are commenced.
Examples
• A school or employer refuses to give a reference to an ex-pupil or ex-employee
because of their religion of belief. This would be direct discrimination.
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• A builder or plumber addresses abusive and hostile remarks to a previous customer
because of her gender after their business relationship has ended. This would be
harassment. It would not be harassment, however, where the reason for the treatment
was not the customer’s gender but, for example, a dispute over payment.
• A disabled former employee’s benefits include life-time use of the company’s in-
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house gym facilities. The employer or owner of the premises must make reasonable
adjustments to enable the former employee to continue using the facilities even after
she has retired.
Clause 103: Liability of employers and principals
Effect
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341. This clause makes employers and principals liable for acts of discrimination,
harassment and victimisation carried out by their employees in the course of employment or
by their agents acting under their authority. It does not matter whether or not the employer or
principal knows about or approves of those acts.
342. However, employers who can show that they took all reasonable steps to prevent their
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employees from acting unlawfully will not be held liable.
343. Employers and principals cannot be held liable for any criminal offences under the
Bill that are committed by their employees or agents, except for those in the provisions on
transport services for disabled people in Part 12 of the Bill.
Background
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344. This clause replaces similar provisions in current legislation. It is designed to ensure
that employers and principals are made responsible for the acts of those over whom they have
control. The clause works together with the provisions on “Liability of employees and agents”
(clause 104), “Instructing and causing discrimination” (clause 105), and “Aiding
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(5)
For the purposes of subsection (4), sections 19, 20 and 21 and the applicable
Schedules are to be construed as if the relationship had not ended.
(6)
For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
not ended.
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(7)
But conduct is not a contravention of this section in so far as it also amounts to
victimisation of B by A.
103
Liability of employers and principals
(1)
Anything done by a person (A) in the course of A’s employment must be
treated as also done by the employer.
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(2)
Anything done by an agent for a principal, with the authority of the principal,
must be treated as also done by the principal.
(3)
It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.
(4)
In proceedings against A’s employer (B) in respect of anything alleged to have
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been done by A in the course of A’s employment it is a defence for B to show
that B took all reasonable steps to prevent A—
(a)
from doing the thing, or
(b)
from doing anything of that description.
(5)
This section does not apply to offences under this Act (other than offences
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under Part 12 (disabled persons: transport)).
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