House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 December 2009
15

Equality Bill, continued

Discrimination by association and perception

Dr Evan Harris

Lynne Featherstone

Not called  NC19

To move the following Clause:—

‘A person (A) discriminates against another (B) if A treats B less favourably than

A treats or would treat others because—

(a)
A perceives B to have a protected characteristic, or

(b)
B associates with a person (C) who has a protected characteristic.’.

Socio-economic inequalities (implementation of section 1)

Mr Mark Harper

John Penrose

Mr John Baron

Not called  NC20

To move the following Clause:—

‘The public sector duty regarding socio-economic inequalities shall not have

effect until a Minister of the Crown provides a definition of—

(a)
socio-economic inequality, and

(b)
socio-economic disadvantage,

and lays these definitions before Parliament.’.

Prohibited pre-employment inquiries

Mr Mark Harper

John Penrose

Mr John Baron

Not called  NC21

To move the following Clause:—

‘(1)
A person (A) subjects a disabled job applicant (B) to prohibited pre-employment

enquiries where A makes inquiries of B as to whether B is a disabled person or as

to the nature or severity of such disability.

(2)
Inquiries of a disabled person as to the existence, nature or severity of their

disability will not constitute prohibited pre-employment inquiries for the

purposes of this Act where—

(a)
the inquiry is for the purpose of determining whether an applicant

requires reasonable adjustments for the interview process and is stated as

being such an inquiry;

(b)
the inquiry is made at the application stage for the purposes of monitoring

disabled applicants, where such inquiry is made in writing, is kept

Report Stage Proceedings: 2 December 2009
16

Equality Bill, continued

separately from any application form, is anonymised, and is stated as

being such an inquiry;

(c)
for the purposes of positive action in recruitment, such as offering the

guaranteed interview scheme, and is stated as being such an inquiry.

(3)
Any invitation to request reasonable adjustments or disclose a disability under

subsection (2)(a), (b) and (c) must specify the use that will be made of that

information and must state that there is no requirement to provide that

information.

(4)
Information provided must only be used for the stated purpose.

(5)
Inquiries of a disabled person as to the existence, nature or severity of their

disability will not constitute prohibited pre-employment inquiries for the

purposes of this Act where the inquiry is necessary for the purposes of

determining whether an applicant can perform a specific employment-related

function, either with or without adjustments and is stated as being such an

inquiry.’.

Employees and applicants: prohibited pre-employment inquiries

Mr Mark Harper

John Penrose

Mr John Baron

Not called  NC22

To move the following Clause:—

‘An employer (A) must not subject a disabled job applicant (B) to prohibited

employment inquiries.’.

Private hire vehicle accessibility regulations

Mr Mark Harper

John Penrose

Mr John Baron

Not called  NC23

To move the following Clause:—

‘(1)
The Secretary of State may make regulations (in this section referred to as

“private hire vehicle accessibility regulations”) for securing that it is possible for

disabled persons—

(a)
to get into and out of private hire vehicles in safety;

(b)
to do so while in wheelchairs;

(c)
to travel in private hire vehicles in safety and reasonable comfort;

(d)
to do so while in wheelchairs.

(2)
The regulations may, in particular, require a regulated private hire vehicle to

conform with provision as to—

(a)
the size of a door opening for the use of passengers;

(b)
the floor area of the passenger compartment;

Report Stage Proceedings: 2 December 2009
17

Equality Bill, continued

(c)
the amount of headroom in the passenger compartment;

(d)
the fitting of restraining devices designed to ensure the stability of a

wheelchair while the private hire vehicle is moving.

(3)
The regulations may also—

(a)
require the driver of a regulated private hire vehicle which is plying for

hire, or which has been hired, to comply with provisions as to the

carrying of ramps or other devices designed to facilitate the loading and

unloading of wheelchairs;

(b)
require the driver of a regulated private hire vehicle in which a disabled

person is being carried while in a wheelchair to comply with provisions

as to the position in which the wheelchair is to be secured.

(4)
The driver of a regulated private hire vehicle which is plying for hire or has been

hired commits an offence—

(a)
by failing to comply with a requirement of the regulations, or

(b)
if the private hire vehicle fails to conform with any provision of the

regulations with which it is required to conform.

(5)
A person guilty of an offence under subsection (4) is liable, on summary

conviction, to a fine not exceeding level 3 on the standard scale.

(6)
In this section—

“passenger compartment” has such meaning as is specified in private hire

vehicle accessibility regulations;

“regulated private hire vehicle” means a private hire vehicle to which

private hire vehicle accessibility regulations are expressed to apply.’.

Time off for workplace equality representatives

John McDonnell

Ms Katy Clark

Lynne Jones

Chris McCafferty

Mrs Linda Riordan

Mr David Drew

Not called  NC24

To move the following Clause:—

‘(1)
An employer shall permit an employee of his who is—

(a)
a member of an independent trade union recognised by the employer, and

(b)
a workplace equality representative of the trade union,


to take reasonable time off during his working hours for any of the following

purposes.

(2)
The purposes are—

(a)
carrying out any of the following activities—

(i)
promoting equality workplace initiatives and practices;

(ii)
carrying out equality audits and assessments;

(iii)
being consulted on workplace equality policies, practices and

management systems;

(b)
consulting the employer about carrying out any such activities;

(c)
preparing for any of the things mentioned in paragraphs (a) and (b).

Report Stage Proceedings: 2 December 2009
18

Equality Bill, continued

(3)
Subsection (1) only applies if—

(a)
the trade union has given the employer notice in writing that the

employee is a workplace equality representative of the trade union, and

(b)
the training condition is met in relation to him.

(4)
The training condition is met if—

(a)
the employee has undergone sufficient training to enable him to carry on

the activities mentioned in subsection (2), and the trade union has given

the employer notice in writing of that fact,

(b)
the trade union has in the last six months given the employer notice in

writing that the employee will be undergoing such training, or

(c)
within six months of the trade union giving the employer notice in

writing that the employee will be undergoing such training, the employee

has done so, and the trade union has given the employer notice of that

fact.

(5)
Only one notice under subsection (4)(b) may be given in respect of any one

employee.

(6)
References in subsection (4) to sufficient training to carry out the activities

mentioned in subsection (2) are to training that is sufficient for those purposes

having regard to any relevant equality duty imposed by this Act or provision of a

Code of Practice issued by ACAS or the Secretary of State.

(7)
If an employer is required to permit an employee to take time off under subsection

(1), he shall also permit the employee to take time off during his working hours

for the following purposes—

(a)
undergoing training which is relevant to his functions as a workplace

equality representative, and

(b)
where the trade union has in the last six months given the employer notice

under subsection (4)(b) in relation to the employee, undergoing such

training as is mentioned in subsection (4)(a).

(8)
The amount of time off which an employee is to be permitted to take under this

section and the purposes for which, the occasions on which and any conditions

subject to which time off may be so taken are those that are reasonable in all the

circumstances having regard to any relevant equality duty imposed by this Act or

provision of a Code of Practice issued by ACAS or the Secretary of State.

(9)
An employee may present a complaint to an employment tribunal that his

employer has failed to permit him to take time off as required by this section.

(10)
References in subsection (2) to equality audits and assessments are to equality

audits and assessments that are sufficient for those purposes having regard to the

relevant equality duty imposed by this Act or provision of a Code of Practice

issued by ACAS or the Secretary of State.

(11)
In subsection (2)(a), the reference to qualifying members of the trade union is to

members of the trade union—

(a)
who are employees of the employer of a description in respect of which

the union is recognised by the employer, and

(b)
in relation to whom it is the function of the workplace equality

representative to act as such.

(12)
For the purposes of this section, a person is a workplace equality representative

of a trade union if he is appointed or elected as such in accordance with its rules.

(13)
In this section “trade union” has the meaning given in section 5 of the Trade

Union and Labour Relations (Consolidation) Act 1992.’.

Report Stage Proceedings: 2 December 2009
19

Equality Bill, continued

Application of the National Minimum Wage

Gwyn Prosser

John McDonnell

Geraldine Smith

Albert Owen

Ms Katy Clark

Mr Andrew Dismore

Not called  NC25

To move the following Clause:—

‘In the National Minimum Wage Act 1998 (c. 39) for section 40 (mariners) there

is substituted—

“40
Mariners

For the purposes of this Act, an individual employed to work on board a

ship which either—

(a)
is registered in the United Kingdom under Part II of the Merchant

Shipping Act 1995 (c. 21) (and that individual is ordinarily

resident in the United Kingdom); or

(b)
is trading solely between United Kingdom ports, anchorages,

roadsteads or offshore installations,

shall be treated as an individual who under his contract ordinarily works

in the United Kingdom unless that employment is wholly outside the

United Kingdom; and related expressions shall be construed

accordingly.”’.

Equal pay audit following contravention by employer

Mr Mark Harper

John Penrose

Mr John Baron

Not called  NC26

To move the following Clause:—

‘(1)
In the event that a court or employment tribunal finds that an employer has

contravened a term modified or included by an equality clause, the employer shall

be required to undertake an audit, to be known as an equal pay audit, and to make

the results of the audit available in the prescribed manner.

(2)
In this section “prescribed” means prescribed in regulations made by the

Secretary of State.’.

Report Stage Proceedings: 2 December 2009
20

Equality Bill, continued

Crown employment: removal of existing nationality requirements

Mr Andrew Dismore

Jeremy Corbyn

Not selected  NC27

To move the following Clause:—

‘(1)
Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons

born outside the United Kingdom from holding certain offices) does not prevent

any person from being employed or holding office in a civil capacity under the

Crown.

(2)
In the Aliens Restriction (Amendment) Act 1919 (c. 92), omit section 6 (which,

subject to exceptions, prevents the appointment of aliens to posts in the Civil

Service).’.

Crown employment: power to impose new nationality requirements

Mr Andrew Dismore

Jeremy Corbyn

Not selected  NC28

To move the following Clause:—

‘(1)
Rules may be made imposing requirements as to nationality which must be

satisfied by a person employed or holding office in a civil capacity under the

Crown in a reserved post.

(2)
A post is a reserved post if—

(a)
it is a post in any of the security and intelligence services, or

(b)
it is within subsection (3) or (4), and a Minister of the Crown has

determined that it is necessary for requirements as to nationality to be

satisfied in relation to the post.

(3)
The posts within this subsection are—

(a)
posts in Her Majesty’s Diplomatic Service and posts in the Foreign and

Commonwealth Office, and

(b)
posts in the Defence Intelligence Staff.

(4)
The posts within this subsection are posts whose functions are concerned with—

(a)
access to intelligence information received directly or indirectly from

any of the security and intelligence services,

(b)
access to other information which, if disclosed without authority or

otherwise misused, might damage the interests of national security,

(c)
access to other information which, if disclosed without authority or

otherwise misused, might be prejudicial to the interests of the United

Kingdom or the safety of its citizens, or

(d)
border control or decisions about immigration.

(5)
A determination under subsection (2)(b) may relate to a particular post or posts,

or to posts falling within a description specified in the determination.

(6)
In this section “the security and intelligence services” means—

(a)
the Security Service,

(b)
the Secret Intelligence Service, and

(c)
the Government Communications Headquarters.

Report Stage Proceedings: 2 December 2009
21

Equality Bill, continued

(7)
The rules may also—

(a)
impose requirements as to nationality which must be satisfied in the case

of persons connected with a person who must satisfy requirements

imposed under subsection (1), and

(b)
provide that any requirement imposed under paragraph (a) may be treated

as satisfied if a connected person has or had substantial ties with the

United Kingdom.

(8)
For the purposes of this section the following are connected with a person—

(a)
any parent or deceased parent of the person,

(b)
any spouse or civil partner of the person,

(c)
any person living together with the person as if they were spouses or civil

partners, or

(d)
any parent of a person within paragraph (b) or (c).

(9)
The rules are to be made by a Minister of the Crown.

(10)
The rules may include provision—

(a)
exempting persons of a description specified in the rules (and persons

connected with them) who were first employed, or first held office, in the

post in question before a specified date, and

(b)
allowing the granting of exemptions by the appropriate person.

(11)
In subsection (10)(b) “the appropriate person” means—

(a)
in the case of posts in the Security Service, the Director-General of the

Security Service or a person nominated by the Director-General of the

Security Service,

(b)
in the case of posts in the Secret Intelligence Service, the Chief of the

Secret Intelligence Service or a person nominated by the Chief of the

Secret Intelligence Service,

(c)
in the case of posts in the Government Communications Headquarters,

the Director of the Government Communications Headquarters or a

person nominated by the Director of the Government Communications

Headquarters, and

(d)
otherwise, a Minister of the Crown.

(12)
The references in—

(a)
section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to

nationality etc. of persons employed in service of Crown), and

(b)
Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997

(S.I. 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),


to the implementation of rules include the grant of (or refusal to grant)

exemptions under subsection (10)(b).

(13)
The power of a Minister of the Crown to make rules under this section is

exercisable by statutory instrument.

(14)
A statutory instrument containing rules under this section is subject to annulment

in pursuance of a resolution of either House of Parliament.

(15)
Nothing in this section limits any power to impose a requirement which is not a

requirement as to nationality even if the ability of a person to satisfy the

requirement may be affected by the nationality of the person or any other

person.’.



© Parliamentary copyright 2009	Revised 3 December 2009