| Previous Section | Index | Home Page |
"Young people have continued to do less well in the labour market than older workers and are particularly vulnerable in an economic downturn. We therefore believe that lower National Minimum Wage rates for young people are still justified in order to protect employment and at the same time reflect the training element attached to younger workers."
I commend new clause 40 and the related new clauses.
New clause 40 accordingly read a Second time, and added to the Bill.
'(1) For the purpose of establishing a contravention of this Act by virtue of section 13(1), it does not matter whether A has the protected characteristic.
(2) For the purpose of establishing a contravention of this Act by virtue of section 14(1), it does not matter-
(a) whether A has one of the protected characteristics in the combination;
(b) whether A has both.'.- (Vera Baird.)
Brought up, and read the First time.
The Solicitor-General: I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker: With this it will be convenient to discuss the following: new clause 7- Harassment (sexual orientation)-education and services and public functions-
'(1) A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect mentioned in subsection (2).
(a) violating B's dignity, and
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(3) In deciding whether conduct has that effect, each of the following must be taken into account-
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(4) The relevant protected characteristic is sexual orientation.
(a) Part 3 (services and public functions) where the service or public function is carried out by a public authority, or on behalf of a public authority, under the terms of a contract with a public authority, or is otherwise a function of a public nature, and
New clause 8- Harassment (gender reassignment)-education-
'(1) A person (A) harasses another (B) if-
(a) A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect mentioned in subsection (2),
(b) A engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has that purpose or effect, or
(c) because of B's rejection of or submission to conduct (whether or not of A), A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
(a) violating B's dignity, and
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(3) In deciding whether conduct has that effect, each of the following must be taken into account-
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(4) For the purposes of subsection (1)(c), the conduct is-
(a) conduct mentioned in subsection (1)(a), or
(b) conduct mentioned in subsection (1)(b).
(5) The relevant protected characteristic is gender reassignment.
(6) This section applies to Part 6 (education).'.
New clause 9- Harassment (religion or belief)-education and services and public functions-
'(1) A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect mentioned in subsection (2).
(a) violating B's dignity, and
(b) creating an intimidating, hostile, degrading or humiliating environment for B.
(3) In deciding whether conduct has that effect, each of the following must be taken into account-
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(4) The relevant protected characteristic is religion or belief.
(a) Part 3 (services and public functions) where the service or public function is carried out by a public authority, or on behalf of a public authority, under the terms of a contract with a public authority, or is otherwise a function of a public nature, and
'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;
(b) a reference to persons who share a protected characteristic is a reference to a person of the same caste.'.
New clause 18- Direct discrimination arising from sexual orientation-
'A person (A) discriminates against another (B) on grounds of sexual orientation if, because of a manifestation or behaviour connected with B's sexual orientation, A treats B less favourably than A treats or would treat others.'.
New clause 19- Discrimination by association and perception-
'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.'.
'(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.'.
New clause 31- Religious care homes for the elderly-
'(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.
(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.'.
New clause 32- Religious adoption and fostering agencies-
'(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.'.
New clause 35- Scottish Gypsy Travellers-
'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.'.
(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.'.
Amendment 2, in clause 4, page 4, line 15, at end insert-'caste.'.
Amendment 53,page 4, line 15, at end insert-
'being a Scottish Gypsy Traveller.'.
Amendment 16, in clause 13, page 6, line 31, leave out 'because of' and insert 'on grounds of'.
Amendment 187, page 7, line 6, after 'race', insert 'or caste'.
Amendment 55, page 7, line 11, leave out paragraph (a).
Amendment 188, in clause 14, page 7, line 23, at end insert-
Amendment 58, page 10, line 1, leave out clause 19.
Amendment 189, in clause 19, page 10, line 16, at end insert-
Amendment 190, in clause 24, page 12, line 24, at end insert-
'(1A) Caste discrimination is-
(a) discrimination within section 13 because of caste;
(b) discrimination within section 19 where the relevant protected characteristic is caste.'.
Government amendments 152 to 154.
Amendment 191, in clause 25, page 13, line 42, at end insert-
Amendment 194, in clause 34, page 18, line 38, at end insert-
'(1A) For the purposes of subsection (1)(c), "detriment" may include-
(a) refusal by A to exercise any power that A has with relation to the premises;
(b) insistence by A on enforcing any provision of any relevant lease or other agreement.'.
Government amendments 162 to 165.
Amendment 72, page 52, line 5, leave out clause 81.
Amendment 74, page 65, line 8, leave out clauses 104 to 108.
Amendment 192, in clause 145, page 92, line 6, at end insert-
Amendment 102, in clause 188, page 115, line 36, leave out from 'aim' to end of line 38.
Amendment 196, in clause 192, page 117, line 35, at end insert-
'(A1) It is not a contravention of this Act for-
(a) a person or organisation which provides tourism or holiday services to place age limits on group holidays or holidays catering for people of particular ages;
(b) a person or organisation to design and provide financial products for specific market segments qualified by age or age groups;
(c) a person or organisation to provide insurance programmes where the calculations of the premiums for such programmes are based on reasonable evidence of the underlying difference in risk based on the purchaser's age or age group.'.
Amendment 119, in schedule 3, page 134, line 16, at end insert-
'(3) Nothing in this paragraph is to be taken as a requirement for the same number of places to be provided for both boys and girls.'.
Amendment 120, page 139, line 22, leave out paragraph (e).
Amendment 121, page 140, line 1, after 'effective', insert 'or appropriate'.
Amendment 122, page 140, line 7, after 'effective', insert 'or appropriate'.
Amendment 123, in schedule 5, page 147, line 30, leave out sub-paragraph (3).
Amendment 197, in schedule 9, page 161, line 27, at end insert
', and
(d) the requirement is a genuine and determining one.'.
Amendment 37, page 162, line 13, leave out sub-paragraph (8).
Amendment 130, page 167, line 4, leave out from 'leave' to end of line 43.
Amendment 132, page 178, line 28, at end insert-
'Co-educational institutions turning single sex3A The responsible body of a co-educational school does not contravene this Act so far as relating to sex discrimination if it is a co-educational school deciding to alter its admission arrangements so that the school will be a single sex school.'.Amendment 14, in schedule 22, in page 210, line 42, leave out sub-sub-paragraphs (a) and (b).
| Next Section | Index | Home Page |