Legislative Scrutiny: Equality Bill - Human Rights Joint Committee Contents


160.  Part 4 prohibits discrimination, harassment and victimisation in relation to the disposal, management and occupation of premises. Certain exceptions exist to this general prohibition. Clause 31 provides that discrimination on the basis of marriage/partnership and age in this area is not prohibited. We have received little written evidence on the exclusion of protection against age discrimination in this context. The absence of protection against discrimination on the grounds of marriage/partnership outside the areas of employment and occupation is discussed above, as is the absence of protection against harassment related to religion or belief or sexual orientation in the disposal, management and occupation of premises.[212]

161.  Schedule 5 makes provision for additional exceptions in relation to premises. This includes an exception for premises which are 'privately sold', except for race discrimination in the disposal of such properties, which is prohibited.[213] Another exception exists for permission to dispose of premises privately, where discrimination on the basis of religion or belief or sexual orientation is permitted.[214] A "small premises" exception also exists, with race discrimination again prohibited in this context.[215] We consider that these exceptions strike an appropriate balance between protecting the right to equality and the rights to privacy and freedom of association.

212   See paragraphs 61-68 & 106-118 above. Back

213   Schedule 5(1). Back

214   Schedule 5(1)(4). Back

215   Schedule 5(3). Back

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