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
22

Equality Bill, continued

Crown employment: repeals and revocations

Mr Andrew Dismore

Jeremy Corbyn

Not selected  NC29

To move the following Clause:—

‘Schedule [Crown employment: repeals and revocations] has effect.’.

Caste (No. 2)

John McDonnell

Jeremy Corbyn

Mr David Drew

Clare Short

Not called  NC30

To move the following Clause:—

‘(1)
If a Minister of the Crown is satisfied that any person is suffering, or has suffered,

discrimination, harassment or victimisation on the ground of caste, a Minister of

the Crown may by order amend section 4 to provide for the characteristic of caste

to be a protected characteristic.

(2)
An order under this section may make such supplementary provision as a

Minister of the Crown considers appropriate.

(3)
An order under this section must be made by statutory instrument and is subject

to the affirmative procedure.’.

Religious care homes for the elderly

Jim Dobbin

Mr Colin Breed

The Reverend Ian Paisley

Mr Edward Leigh

Mr Nigel Dodds

Mr William Cash

Mr David Amess

Not called  NC31

To move the following Clause:—

‘(1)
Subsection (2) applies to a voluntary care home for persons in need of personal

care by reason of old age and infirmity that—

(a)
is an organisation of the kind referred to in Schedule 23, paragraph 2(1),

or

(b)
acts on behalf of or under the auspices of such an organisation.

Report Stage Proceedings: 2 December 2009
23

Equality Bill, continued

(2)
Subject to subsection (3), nothing in this Act shall make it unlawful for such a

care home to restrict the provision of its services or facilities to a person on the

grounds of his sexual orientation.

(3)
If such a care home restricts the provision of those services or facilities as

mentioned in subsection (2), it must at the same time refer the person seeking

them to another person who the agency believes provides similar services or

facilities to persons of his sexual orientation.

(4)
Subsection (2) permits a restriction only if imposed—

(a)
if it is necessary to comply with the doctrine of the organisation, or

(b)
so as to avoid conflicting with the strongly held religious convictions of

a significant number of the religion’s followers.’.

Religious adoption and fostering agencies

Miss Ann Widdecombe

Mr Colin Breed

Jim Dobbin

The Reverend Ian Paisley

Mr Julian Brazier

Mr Nigel Dodds

Mr David Amess

Not called  NC32

To move the following Clause:—

‘(1)
Subsection (2) applies to a voluntary adoption agency or fostering agency that—

(a)
is an organisation of the kind referred to in Schedule 23, paragraph 2(1),

or

(b)
acts on behalf of or under the auspices of such an organisation.

(2)
Subject to subsection (3), nothing in this Act shall make it unlawful for such a

voluntary adoption agency or fostering agency to restrict the provision of its

services or facilities to a person on the grounds of his sexual orientation.

(3)
If such a voluntary adoption agency or fostering agency restrict the provision of

those services or facilities as mentioned in subsection (2), it must at the same time

refer the person seeking them to another person who the agency believes provides

similar services or facilities to persons of his sexual orientation.

(4)
Subsection (2) permits a restriction only if imposed—

(a)
if it is necessary to comply with the doctrine of the organisation, or

(b)
so as to avoid conflicting with the strongly-held religious convictions of

a significant number of the religion’s followers.’.

Report Stage Proceedings: 2 December 2009
24

Equality Bill, continued

Mandatory pay audits (No. 2)

Ms Katy Clark

Mrs Linda Riordan

John McDonnell

Ms Diane Abbott

Glenda Jackson

Andrew Dismore

Judy Mallaber

Keith Vaz

Colin Challen

Not called  NC33

To move the following Clause:—

‘(1)
Within six months of the day on which this Act is passed the Secretary of State

shall by regulations require designated employers to conduct a pay audit and to

publish information relating to the pay of its employees for the purpose of

showing whether there are differences in the pay of male and female employees.

(2)
Without prejudice to the generality of subsection (1) regulations made pursuant

to subsection (1) shall require designated employers to publish information

including—

(a)
the average hourly pay of male workers and the average hourly pay of

female workers within its employment;

(b)
in respect of each role within the organisation—

(i)
the average pay awarded to workers engaged in the role;

(ii)
the percentage of men and women engaged in that role;

(iii)
the gap, if any, between the average hourly pay of male and

female employees in that role; and

(iv)
the average length of service of men and women engaged in that

role; and

(c)
information identifying—

(i)
any description of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly women;

(ii)
any descriptions of activities carried out in the course of

employment with the employer by any group of workers who are

wholly or mainly men;

(iii)
the relative values of the descriptions of activities falling within

paragraph (c)(i) and paragraph (c)(ii) respectively; and

(iv)
in relation to descriptions of activities within paragraph (c)(i)

and paragraph (c)(ii) which are judged to be of equal value to

each other, the average hourly pay of male workers and average

hourly pay of female workers carrying on those activities.

(3)
For the purposes of this section, “pay” means the ordinary basic or minimum

wage or salary and any other consideration, whether in cash or kind, which the

worker receives directly or indirectly, in respect of his employment, from his

employer and includes the cost to the employer of—

(a)
any pensions contributions paid by the employer in respect of the worker,

(b)
any bonus or other performance related or incentive payment; and

(c)
any discretionary benefit granted to a worker in connection with his or

her employment.

(4)
Without prejudice to the generality of subsection (1) regulations made pursuant

to that subsection shall specify the process which an employer must follow in

conducting a pay audit, the form in which the information must be published, and

the degree and means of publicity to be made.

Report Stage Proceedings: 2 December 2009
25

Equality Bill, continued

(5)
In making regulations pursuant to subsection (1) the Secretary of State shall adopt

best practice for promoting awareness of the nature and causes of any pay gap

between persons of different genders as set out by the International Labour

Organisation from time to time.

(6)
The Secretary of State shall consult with the Equality and Human Rights

Commission as to how to ensure that the regulations shall reflect best practice

prior to the making of the first regulations and no less than every five years

thereafter and shall amend the regulations as necessary to ensure that best practice

is maintained.

(7)
Without prejudice to the generality of subsection (1) regulations made pursuant

to that subsection shall provide that where an employer fails to publish

information as required by regulations made pursuant to subsection (1) an

employer shall not be entitled to submit a material factor defence in accordance

with section 66 in relation to any period for which they are in breach of their

obligations under those regulations.

(8)
Where the information published by an employer reveals that there is a difference

in the average pay of men and women doing relevant types of work as set out in

section 61, then in any proceedings to enforce a sex equality rule or sex equality

clause it shall be presumed that there is such a breach unless the employer can

show a material factor defence.

(9)
Regulations made pursuant to subsection (1) may make provision for a failure to

comply with the regulations—

(a)
to be an offence punishable on summary conviction by a fine not

exceeding level 5 on the standard scale;

(b)
to be enforced, otherwise than as an offence, by such means as is

prescribed.

(10)
The reference to a failure to comply with the regulations includes a reference to

a failure by person acting on behalf of an employer.

(11)
Regulations made pursuant to subsection (1) shall provide that an employer must

conduct a pay audit and publish information relating to the pay of its employees

within six months of the coming into force of the regulations.

(12)
Regulations made pursuant to subsection (1) shall provide that where an

employer (A) is able to determine the terms and conditions of employment as

between another employer (B) and its employees, A shall publish the information

that B would otherwise be required to publish in a way which is consolidated with

the information for all other employees of A whose terms and conditions A may

determine, and where A publishes consolidated information B shall not be in

breach of those regulations if it does not publish any information.

(13)
A designated employer means an employer who has no less than 21 employees.

(14)
Regulations made pursuant to subsection (1) shall require designated employers

publishing information in relation to the average hourly pay of employees to

specify how much of the hourly rate constitutes ordinary basic or minimum wage

or salary and how much, if any, constitutes other consideration and to specify the

types and amounts of any such other consideration.’.

Report Stage Proceedings: 2 December 2009
26

Equality Bill, continued

Reporting of diversity of candidate selections by registered political parties

Miss Anne Begg

Mr Parmjit Dhanda

Miss Julie Kirkbride

Fiona Mactaggart

Jo Swinson

Mrs Betty Williams

Not called  NC34

To move the following Clause:—

‘(1)
Each registered party must report every six months on the diversity of its

candidate selections.

(2)
Each report produced by a registered party shall conform to the requirements set

out in Schedule [Reporting of diversity of candidate selections by registered

political parties].

(3)
Reports produced under this section shall be published by the registered party

online on 31 March and 31 October each year, or the next working day thereafter;

and may be further published in such form and in such manner as the party

considers appropriate.

(4)
In this section—

“candidate” means a candidate for an election to the House of Commons;

“registered party” means a party registered under Part 2 of the 2000 Act.’.

The Second Interim Report from the Speaker’s Conference (on Parliamentary

Representation), Session 2009-10, HC 63-I, is relevant to the amendment.

Scottish Gypsy Travellers

Ms Katy Clark

Mr Peter Kilfoyle

Kelvin Hopkins

John McDonnell

Mrs Linda Riordan

Not called  NC35

To move the following Clause:—

‘A person has the protected characteristic of being a Scottish Gypsy Traveller if

they by reason of their common heritage, culture and traditions, that may but need

not include a nomadic way of life in Scotland, may reasonably regard themselves

as a Scottish Gypsy Traveller as others may reasonably be expected to be aware

of.’.

Report Stage Proceedings: 2 December 2009
27

Equality Bill, continued

Exemption for small businesses

Philip Davies

Not called  NC36

To move the following Clause:—

‘This Act does not apply to any employer who has fewer than 250 employees.’.

Revocation of Maternity (Compulsory Leave) Regulations 1994

Philip Davies

Not selected  NC37

To move the following Clause:—

‘The Maternity (Compulsory Leave) Regulations 1994 (S.I. 1994/2479) are

revoked.’.

Prohibition of affirmative or positive action by public authorities

Philip Davies

Not called  NC38

To move the following Clause:—

‘(1)
It is unlawful for a public authority to promote or engage in any form of

affirmative or positive action, as defined in subsection (4), when recruiting

employees and making appointments.

(2)
Any act by a public authority which contravenes the provisions of this section is

actionable as a breach of public duty.

(3)
For the purposes of this section “public authority” has the same meaning as in

section 6 of the Human Rights Act 1998 (c. 42).

(4)
For the purposes of this section, “affirmative or positive action” means any action

that is intended to give a benefit or encouragement to a particular group or groups

of people of people, on the basis of the—

(a)
age,

(b)
sex,

(c)
sexual orientation,

(d)
race,

(e)
nationality,

(f)
disability,

(g)
religion, or

(h)
socio-economic status

of members of that group

(5)
Such actions include, but are not restricted to, the setting and pursuit of targets in

respect of any of the characteristics specified in subsection (4) for the purposes

of—

Report Stage Proceedings: 2 December 2009
28

Equality Bill, continued

(a)
recruitment, or

(b)
appointment of persons to any scheme, programme, post or other similar

such position.’.

Repeal of Sex Discrimination (Election Candidates) Act 2002

Philip Davies

Not called  NC39

To move the following Clause:—

‘The Sex Discrimination (Election Candidates) Act 2002 (c. 2) is repealed.’.

Caste (No. 3)

Rob Marris

Jeremy Corbyn

Not called  NC43

To move the following Clause:—

‘(1)
Caste includes—

(a)
jati;

(b)
biraderi.

(2)
A person has the protected characteristic of caste if the person is a member of a

caste group found within a hierarchical group-based system of social

stratification, where both membership and group and individual status are

hereditary, ascribed, and permanent.

(3)
In relation to the protected characteristic of caste—

(a)
a reference to a person who has a particular protected characteristic is a

reference to a person of a particular caste group;

(b)
a reference to persons who share a protected characteristic is a reference

to persons of the same caste group.

(4)
The fact that a caste group comprises two or more distinct caste groups does not

prevent it from constituting a particular caste group.’.

Mr Mark Harper

John Penrose

Mr John Baron

Not called  17

Page  1,  line  7  [Clause  1],  leave out ‘outcome’ and insert ‘opportunity’.



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